Datasets:

316usman
/

extracted-pdfs

Dataset card Data Studio Files Files and versions Community

Split (1)

train · 1.02k rows

uid int64 7.2k 9.09k	person stringlengths 6 29	institution_name stringlengths 11 62	pdf_files sequencelengths 0 22	pdf_data stringlengths 2 1.56M
8,892	Oscar Stewart	San Francisco State University	[ "8892_101.pdf" ]	{"8892_101.pdf": "CSU's Title Reckoning New batch of records shows professors disciplined for sexual harassment Records show students suffered sexual advances from professors 2, 2022 2 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 1/7 San Francisco State is among the campuses that reported cases of inappropriate behavior by faculty. Photo: Larry Gordon/EdSource Fifty-four faculty members, coaches and other non-mangagement employees at 12 California State University campuses were found to have committed violations of sexual misconduct and discrimination policies in cases resolved between 2017 and 2021, some resulting in firings and resignations, new information released by the university system shows. The violations included unwanted sexual advances, including requests for sex, unwanted touching and kissing, and discrimination based on gender and race, according to the records. The case summaries were released in the wake of recent controversies over how the 23-campus system, the nation\u2019s largest four-year public university, has handled sexual harassment complaints and disciplined employees. 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 2/7 The records reveal cases involving 54 employees, six of whom committed two or more offenses. They include 38 people with academic job titles, such as professor or assistant professor, and almost all of them involve complaints by students. Cases from another five campuses will be released later this month. The remaining six campuses had no records of such misconduct, a university official said. EdSource originally filed a public records request for all case files in May but agreed to receive the summary information after university officials said it could take up to a year to review and redact information identifying victims in the voluminous files. In at least one case, a professor found to have committed violations of the university\u2019s policies prohibiting sexual and gender harassment and sexual misconduct, resigned from one campus only to later land a teaching job at another. Another professor resigned after San Francisco State University decided to fire him after it found he had \u201can intimate relationship with two students during a time when he had significant academic authority over both.\u201d That person now teaches at a university in South Carolina The remaining campuses that released summary information on sexual harassment cases are listed here with links to the cases: Cal Poly Pomona Cal State Fullerton Cal State Los Angeles Sacramento State Fresno State San Marcos San Diego State Stanislaus State Sonoma State Note Channel Islands Dominguez Hills Northridge San Bernardino, and San Jose State are expected to release records later this month Bakersfield, Cal Poly Humboldt Long Beach Maritime 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 3/7 Monterey Bay, and Cal Poly San Luis Obispo claim to have no records of cases in which employees were disciplined for sexual misconduct or discrimination between 2017 and this year. For 30 of the employees, the misconduct investigations led to the end of their careers at the campus where the misconduct occurred. Many resigned during the investigations, while others were fired, not reappointed to teaching positions or entered retirement. Other cases resulted in suspensions for weeks and sometimes semesters, letters of reprimand and counseling for the offending employee, the summaries show. The investigations themselves can take years. At system headquarters, a spokesman for the Chancellor\u2019s Office defended the review and disciplinary process. \u201cWhile the circumstances of each instance outlined in the summaries can vary significantly, after a finding of misconduct or policy violation was substantiated, the respective campuses worked to resolve the issues by taking appropriate action and following necessary procedures,\u201d the spokesman, Michael Uhlenkamp, wrote in a statement Monday. The new documents did not include any possible court decisions after the actions if the employee filed an appeal. \u201cFaculty and staff are represented by unions and have various additional rights to their employment, including the right to appeal any discipline for review and decision by an outside agency,\u201d Uhlenkamp added. The summaries were released nearly six months after Chancellor Joseph I. Castro resigned in the wake of a revelation that Castro failed to aggressively discipline an underling and personal friend, Frank Lamas, when Castro was president of Fresno State in 2020. Castro agreed to pay Lamas $20,000 in Fresno State funds and write him a letter of recommendation for other jobs in exchange for Lamas resigning after an investigation found he sexually harassed an employee. 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 4/7 Students protested and faculty called for Castro\u2019s removal when the deal became public trustees ordered an independent investigation of sexual harassment across the massive system. Earlier this year released similar summaries of management employees who committed sexual misconduct, including viewing pornography on university computers and managers who sexually harassed people on their staffs. The newly released summaries of non-management cases show students were often victims professor at Chico State resigned before he could be disciplined while facing charges of gender harassment of a student and having what was called a \u201cprohibited consensual relationship\u201d with a student, according to the summaries. The professor, Michael Regan, was then hired to teach in the kinesiology and sociology departments at Cal State East Bay in Hayward where he remains spokesperson for Cal State East Bay said the school was \u201clooking into\u201d Regan\u2019s hiring. At Chico State, a spokesman told EdSource by email it could not be immediately determined if the East Bay school requested any information on Regan\u2019s tenure at Chico. In an email, Regan told EdSource was open about pursuing a consensual relationship and decided to resign at the conclusion of the semester and not to return for my final visiting semester due to policy on conflict of interest on relationships.\u201d In another case, a San Francisco State business professor, Oscar Stewart, \u201cengaged in consensual sexual relationships with students when he had significant academic authority over both,\u201d according to summary information that was drawn from a misconduct investigation into his actions. \u201cThe sustained allegations were not based on formal complaint against (Stewart) but the university investigated after learning of the allegations,\u201d the summary states. It does not say how the university learned of the allegations. 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 5/7 The university officials decided to fire Stewart, but then allowed him to resign, the records show. He is now a professor at the College of Charleston in South Carolina. In an email on Monday, Stewart said that the university released \u201cfalse information\u201d about him resigned so as not to deal with a university that never supported me throughout the process of retaliation by a group of conservative students who coordinated to retaliate against my anti-racist pedagogy spokesperson for San Francisco State didn\u2019t respond to an email sent late Monday. An expert in college sexual harassment cases said it is clear that professors should know better than to pursue relationships with their students. \u201cJust having a relationship is a violation of the school\u2019s duty of care and a violation of the truth, and the authority a professor has over a student,\u201d said Nancy Hogshead-Makar, an attorney and advocate for Champion Women: Advocacy for Girls and Women in Sports. One out of every 4 women in college have been sexually harassed or assaulted, she said, adding that the complaints show that the victims are willing to speak up. Hogshead-Makar said it can be difficult to prepare young people, especially women, for what to do when they encounter these incidents. Unfortunately, these incidents can really impact their lives, she said, adding that some choose to change their majors or their professions as a result. \u201cI\u2019m just so impressed with this current generation that is speaking out,\u201d she said just turned 60 in April. In my lifetime, the difference between women stepping out to speak on peer and professional sexual harassment is just night and day.\u201d 2/22/25, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 6/7 436 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, 6:34 New batch of records shows professors disciplined for sexual harassment \| EdSource 7/7"}
9,073	David Huelsman	University of Florida	[ "9073_101.pdf" ]	{"9073_101.pdf": "About Board of Directors Contact Classifieds Advertise Issues Store Apartments Near 22, 2025 Gator Water Polo president, coach no longer at university following sexual harassment allegation An official review found the allegations did not rise to a Title violation By Garrett Shanley \uf099 June 7, 2024 \| 11:56am Photo by Diego Perdomo \| The Independent Florida Alligator 2/22/25, 6:34 Gator Water Polo president, coach no longer at university following sexual harassment allegation - The Independent Florida Alligator 1/3 UPDATE: This story has been updated to reflect that student athletes from the men\u2019s water polo team made accusations against Huelsman. The Alligator originally reported that members of Gator Water Polo made the accusations employee who coached a university-affiliated water polo club is no longer working at the university after he was accused of being \u201coverly touchy\u201d and sharing a bed with student athletes Title complaint filed Feb. 21 alleged David Huelsman, the 44-year-old head men\u2019s water polo coach and president of Gator Water Polo, asked to sleep in the same bed as certain student athletes during away games. Huelsman was \u201coverly touchy\u201d and there were \u201cexamples of club members leaving the program due to being made uncomfortable by Huelsman,\u201d according to the complaint, filed by RecSports director Laura Hall. The complaint did not specify which student athletes made the accusations. The Title Compliance Office held a hearing for Huelsman\u2019s complaint April 29 where it waived Huelsman's charges. The office reached out to all parties listed in the initial complainbt and no one except for the person who initially reported Huelsman said they were harmed, according to the report spokesperson Cynthia Roldan said Huelsman\u2019s employment at the university was non-renewed March 8 \u2014 less than three weeks after the initial complaint was filed and more than a month before the Title Compliance Office held its hearing. Roldan did not specify whether his severance with the university was related to the sexual harassment allegations spokesperson for men's water polo said Heulsman hasn't coached the team since May 2023.\ufeff Huelsman joined in 2007 as an information security analyst. He was paid $110,000 in 2023 as an information security architect. He became the head men\u2019s water polo coach at in 2016 and has since led the team to three state titles. He was named Florida Conference Coach of the Year in 2017, 2018 and 2019. He has also coached basketball, swimming and diving at Gainesville High School. It is unclear whether Huelsman still coaches the men's water polo team or leads Gator Water Polo. Gator Water Polo did not respond for comment. Huelsman did not respond to calls made to phone numbers listed in his university personnel file. He has no criminal history. Contact Garrett Shanley at [email protected]. Follow him on @garrettshanley. 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. Garrett Shanley Garrett Shanley is a fourth-year journalism major and the Spring 2025 university editor for The Alligator. Outside of the newsroom, you can find him watching Wong Kar-Wai movies and talking to his house plants. 2/22/25, 6:34 Gator Water Polo president, coach no longer at university following sexual harassment allegation - The Independent Florida Alligator 2/3 \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. 2/22/25, 6:34 Gator Water Polo president, coach no longer at university following sexual harassment allegation - The Independent Florida Alligator 3/3"}
8,475	Howard Joseph Vorder Bruegge	Hillsborough Community College	[ "8475_101.pdf", "8475_102.pdf", "8475_103.pdf" ]	{"8475_101.pdf": "Former Hillsborough Community College Professor Pleads Guilty To Possession And Distribution Of Child Pornography Friday, March 29, 2019 For Immediate Release U.S. Attorney's Office, Middle District of Florida Tampa, Florida \u2013 Howard Joseph Vorder Bruegge (36, Tampa) pleaded guilty today to possessing and distributing child pornography. Vorder Bruegge, a former mathematics professor at Hillsborough Community College (HCC), faces a minimum mandatory penalty of five years, and up to 40 years, in federal prison sentencing date has not yet been set. According to the plea agreement, Vorder Bruegge, using the internet monikers \u201cJoeBlow73\u201d and \u201cJoeBlowFL,\u201d distributed child pornography on multiple occasions. He also collected child pornography on his cellphone, including sex-abuse videos of babies and toddlers. Vorder Bruegge also used his phone to film and publically share voyeur videos on the internet. He employed peepholes in bathrooms on the campus to film college students while they were in restroom stalls. He then distributed those videos on websites that host voyeur content. Vorder Bruegge\u2019s phone contained at least four videos capturing adult males through peepholes in public restrooms. 2/22/25, 6:34 Middle District of Florida \| Former Hillsborough Community College Professor Pleads Guilty To Possession And Distribution Of Child\u2026 1/4 This case was investigated by U.S. Immigration and Customs Enforcement\u2019s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Murray. This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys\u2019 Offices and the Criminal Division\u2019s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit Updated March 29, 2019 Attachment Plea Agreement [PDF, 422 KB] Topic Component - Florida, Middle Jacksonville Convicted Child Sex Offender Arrested And Indicted For Using The Internet To Access Child Sexual Abuse Materials Related Content 2/22/25, 6:34 Middle District of Florida \| Former Hillsborough Community College Professor Pleads Guilty To Possession And Distribution Of Child\u2026 2/4 Jacksonville, Florida \u2013 Acting United States Attorney Sara C. Sweeney announces the arrest and indictment of Sean-Michael Smith (36, Jacksonville) for using the internet to access child sexual abuse materials... February 21, 2025 California Man Indicted For Production Of Child Sexual Abuse Material And Coercion And Enticement Of Minor Tampa, Florida \u2013 Acting United States Attorney Sara C. Sweeney announces the unsealing of an indictment charging Rigoberto Rios Gallardo (31, Los Angeles, California) with three counts of production of child sexual abuse... February 21, 2025 Sanford Man Sentenced To 20 Years In Prison For Enticement Of Minor Orlando, Florida \u2013 U.S. District Judge Carlos E. Mendoza has sentenced Matthew Reed Dione (37, Sanford) to 20 years in federal prison for enticement of a minor to engage in sexual activity. Dione will... February 21, 2025 2/22/25, 6:34 Middle District of Florida \| Former Hillsborough Community College Professor Pleads Guilty To Possession And Distribution Of Child\u2026 3/4 Middle District of Florida Tampa Office - (Headquarters): U.S. Attorney's Office 400 North Tampa Street Suite 3200 Tampa 33602 Phone: 813-274-6000 2/22/25, 6:34 Middle District of Florida \| Former Hillsborough Community College Professor Pleads Guilty To Possession And Distribution Of Child\u2026 4/4", "8475_102.pdf": "The former Hillsborough Community College instructor will get at least five years in prison. TAMPA, Fla former professor at Hillsborough Community College is heading to prison after he pleaded guilty to child porn charges as well as to taking videos of college students in the bathroom. The U.S. Attorney's Office says Howard Joseph Vorder Bruegge III, 36, faces a minimum mandatory penalty of five years and up to 40 years in federal prison. He was a math professor at HCC. Ex-college professor spread child porn, videos of men using the bathroom Credit: Hillsborough County Jail Author: Tim Chong Published: 3:52 March 29, 2019 Updated: 3:54 March 29, 2019 'He was just taken': Family mourns man killed in East Tampa shooting, pleads for tips Ad 1 of 1 Ad 1 of 1 \uf04c 00:00 / 00:00 \uf026 \uf064 x 2/22/25, 6:35 Ex-college professor spread child porn, videos of men using the bathroom \| wtsp.com 1/3 According to the plea agreement, he used the internet names \u201cJoeBlow73\u201d and \u201cJoeBlowFL\" to distribute child pornography. He also collected child pornography on his cellphone, including sex-abuse videos of babies and toddlers. Additionally, he recorded male college students in campus restroom stalls and spread the videos on the internet. At least four such videos taken through peepholes in the stalls were found on his phone, officials said sentencing date has not been set. What other people are reading right now looking for a contractor who can burn 1,000 pounds of marijuana per hour VIDEO: Mob of motorcyclists attacks pregnant woman in broad daylight He wants $1.8 million because his supervisor farted on him Disney World to ban smoking, ice and certain strollers beginning May 1 62-year-old woman claims $1 million prize in scratch-off lottery game \u25baMake it easy to keep up-to-date with more stories like this. Download the 10News app now. Have a news tip? Email [email protected], or visit our Facebook page or Twitter feed. 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 2/22/25, 6:35 Ex-college professor spread child porn, videos of men using the bathroom \| wtsp.com 2/3 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 Columbine shooting survivor Anne Marie Hochhalter dies Florida man arrested for raping child 'nearly every night' for over a month, police say ARTICLE... 2/22/25, 6:35 Ex-college professor spread child porn, videos of men using the bathroom \| wtsp.com 3/3", "8475_103.pdf": "Former Hillsborough Community College Professor Sentenced To More Than 11 Years For Possessing And Distributing Child Sex Abuse Videos Friday, November 22, 2019 For Immediate Release U.S. Attorney's Office, Middle District of Florida Tampa, Florida \u2013 U.S. District Judge William F. Jung today sentenced Howard Joseph Vorder Bruegge (36, Tampa) to 11 years and 8 months in federal prison for possessing and distributing child pornography. Vorder Bruegge had pleaded guilty on March 29, 2019. According to court documents, Vorder Bruegge, using the internet monikers \u201cJoeBlow73\u201d and \u201cJoeBlowFL,\u201d distributed child sex abuse videos on multiple occasions. He also collected child pornography on his cellphone, including sex abuse videos of babies and toddlers. His collection included more than 200 images and 47 videos depicting child sex abuse, including videos known by law enforcement to have been produced in the Tampa Bay area. Vorder Bruegge\u2019s devices also contained conversations where he discussed a desire to sexually abuse his friend\u2019s children. Vorder Bruegge also used his phone to film and publically share voyeur videos on the internet and utilized peepholes in college campus bathrooms to film students while they were in 2/22/25, 6:35 Middle District of Florida \| Former Hillsborough Community College Professor Sentenced To More Than 11 Years For Possessing A\u2026 1/4 restroom stalls. He then distributed those videos on websites that hosted voyeur content. Vorder Bruegge\u2019s phone contained at least four videos capturing adult males through peepholes in public restrooms. \u201cAll child exploitation is sickening, but it is deeply disturbing when a person who held a position of trust is the criminal who magnified the harm to the child victims,\u201d said Tampa Assistant Special Agent in Charge Michael Cochran. This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Frank Murray. This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys\u2019 Offices and the Criminal Division\u2019s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit Updated November 22, 2019 Topic Component - Florida, Middle Related Content 2/22/25, 6:35 Middle District of Florida \| Former Hillsborough Community College Professor Sentenced To More Than 11 Years For Possessing A\u2026 2/4 Jacksonville Convicted Child Sex Offender Arrested And Indicted For Using The Internet To Access Child Sexual Abuse Materials Jacksonville, Florida \u2013 Acting United States Attorney Sara C. Sweeney announces the arrest and indictment of Sean-Michael Smith (36, Jacksonville) for using the internet to access child sexual abuse materials... February 21, 2025 California Man Indicted For Production Of Child Sexual Abuse Material And Coercion And Enticement Of Minor Tampa, Florida \u2013 Acting United States Attorney Sara C. Sweeney announces the unsealing of an indictment charging Rigoberto Rios Gallardo (31, Los Angeles, California) with three counts of production of child sexual abuse... February 21, 2025 Sanford Man Sentenced To 20 Years In Prison For Enticement Of Minor Orlando, Florida \u2013 U.S. District Judge Carlos E. Mendoza has sentenced Matthew Reed Dione (37, Sanford) to 20 years in federal prison for enticement of a minor to engage in sexual activity. Dione will... February 21, 2025 Middle District of Florida Tampa Office - (Headquarters): 2/22/25, 6:35 Middle District of Florida \| Former Hillsborough Community College Professor Sentenced To More Than 11 Years For Possessing A\u2026 3/4 U.S. Attorney's Office 400 North Tampa Street Suite 3200 Tampa 33602 Phone: 813-274-6000 2/22/25, 6:35 Middle District of Florida \| Former Hillsborough Community College Professor Sentenced To More Than 11 Years For Possessing A\u2026 4/4"}
7,392	Cara Hale	Iowa State University	[ "7392_101.pdf" ]	{"7392_101.pdf": "Go to News Go to News Archive Name Email Your Comment Home About PsychCrime Database News / Press Room Articles / Publications For Attorneys For Whistleblowers Video Store Donate Contact Us International 6616 Sunset Blvd. Los Angeles 90028 800-869-2247 323-467-4242 323-467-3720 Fax [email protected] State places university psychologist Cara Hale on probation over sex with graduate assistant July 11, 2013 On February 15, 2013, the Iowa Board of Psychology placed psychologist Cara Hale\u2019s license on probation for up to four years. The Board\u2019s document states that Hale, who was at that time employed as a senior staff psychologist at Iowa State University (ISU), engaged in improper sexual contact with a coworker and failed to comply with Ethical Principles of Psychologists and Code of Conduct. Specifically, the document states that Hale had a sexual relationship with a male graduate assistant while he was under her supervision. Further, the document states that Hale confided in a female graduate student who she was mentoring and supervising, information about her personal life, including information about her husband, who was one of the student\u2019s professors at ISU. Lastly, another intern in the psychology program reported to program directors that she was offended by a sexual comment Hale made about the intern\u2019s husband. Hale, who was working at a federal facility in California when the probation order was issued, resigned from position and subsequently surrendered her Iowa license. Comments No comments. Post your own comment here: (public) (private) Post New Comment International, 6616 Sunset Blvd., Los Angeles 90028 800-869-2247, 323-467-4242 323-467-3720 [email protected] 2/22/25, 6:35 The PsychCrime Database - PsychCrime.org places university psychologist Cara Hale on probation over sex with graduate assistant 1/1"}
7,363	Derek Walcott	Harvard University	[ "7363_101.pdf", "7363_102.pdf", "7363_103.pdf", "7363_104.pdf", "7363_105.pdf", "7363_106.pdf", "7363_107.pdf", "7363_108.pdf" ]	{"7363_101.pdf": "harassment-case.html Special to the New York Times Oct. 21, 1982 See the article in its original context from October 21, 1982, Section A, Page 22 Buy Reprints New York Times subscribers* enjoy full access to TimesMachine\u2014view over 150 years of New York Times journalism, as it originally appeared Does not include Crossword-only or Cooking-only subscribers. About the Archive This is a digitized version of an article from The Times\u2019s print archive, before the start of online publication in 1996. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. Harvard University moved this week toward developing stricter procedures for handling students' complaints of sexual harassment 2/22/25, 6:35 - The New York Times 1/3 On Tuesday Harvard's Administrative Board, which handles academic and disciplinary matters relating to students, changed a student's grade from a ''C'' to ''Pass'' for work in a course in which she had charged the professor had sexually harassed her. The grade change was believed to be the first in a harassment case in Harvard's 346-year history day earlier Harvard's Board of Overseers received a confidential report urging the university to inform victims of sexual harassment of the details of the resolution of their cases, an action not required under current procedures. Sources familiar with the report said it also recommended that the university issue a statement condemning sexual harassment and that Henry Rosovsky, Dean of the Faculty, meet with other campus officials to emphasize that such behavior would not be tolerated. The grade change completed a case in which a student who asked not to be identified charged that Derek Walcott, 52 years old, a Boston University professor who taught a poetry workshop at Harvard last fall, approached her after a class and asked, ''Would you make love to me if asked you to?'' Says Rejection Led to 'C' The student, who contended that the ''C'' grade she received in the course had been influenced by her rejection of the professor's advances, filed a complaint of sexual harassment with the university. Professor Walcott not only denied that any personal considerations had influenced his determination of the grade but also said that the student had misinterpreted the remarks that prompted the charges. The university investigated the complaint and found that it ''had merit.'' Dean Rosovsky wrote her that the university had taken ''formal action'' against Professor Walcott. The dean later disclosed that he had written a letter of reproach to Boston University Boston University spokesman said last month that he did not believe any action would be taken against the professor. The report to the Board of Overseers, a 10-month effort by a joint committee made up of members of the Board of Overseers and the Radcliffe College Board of Trustees, was commissioned in part because of student dissatisfaction with the 2/22/25, 6:35 - The New York Times 2/3 current procedures. There was dissatisfaction with the lack of a requirement that a victim be informed of action taken against a professor, lack of an appeals process, lack of a timetable for an investigation and lack of an automatic procedure for examining a student's grade in a course where he or she has suffered sexual harassment am absolutely certain this report will get careful attention,'' Marlyn M. Lewis, an assistant dean of the college, said today. The Board of Overseers, made up of university alumni, makes policy recommendations to the Harvard Corporation, the university's governing body version of this article appears in print on , Section A, Page 22 of the National edition with the headline 2/22/25, 6:35 - The New York Times 3/3", "7363_102.pdf": "Support the Guardian Fund independent journalism with $15 per month Support us News Opinion Sport Culture Lifestyle The Observer Derek Walcott This article is more than 15 years old This spiteful campaign has neither rhyme nor reason Catherine Bennett Surely there should be statute of limitations on hounding Derek Walcott. After all, his actions weren't unusual then Sun 17 May 2009 00.01 hould the poet Derek Walcott ever be rehabilitated into academic society? Only a few weeks ago, it appeared that time, talent, seniority and the Nobel Prize for literature may, finally, have earned him the further honour of a clean slate. Over a quarter of a century since he admitted to propositioning a Harvard student, authorities at the University of Oxford clearly consider the poet harmless to the young. They made no objection when Walcott, who was born in the same year as the late Ted Hughes, was nominated to be its next Int Sign in 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 1/8 professor of poetry. This chair requires the incumbent to deliver three public lectures per year. Walcott instantly became the favourite. Yesterday, the closer of his two rivals, the English poet Ruth Padel won the job instead. Why? Evidently Ms Padel, with her professed commitment to \"thinking out of the box\", has her fans. Others will be aware that she is a direct descendant of Charles Darwin, the subject of a good many of her poems. But we cannot know how many Oxford voters preferred Padel's work to Walcott's because last week, after anonymously circulated attacks on his character, the older poet withdrew from the contest. \"If it has degenerated into a low and degrading attempt at character assassination,\" he explained do not want to be part of it.\" For her part, Padel pointed out that the nasty personal attack on the more distinguished candidate could not properly be described as \"a smear\". \"The papers they sent out,\" she stressed more than once, \"were published fact.\" By \"they\", Padel means the senders of photocopied extracts from a book about sexual harassment called, presumably because Nancy Mitford had already bagged its natural title, The Lecherous Professor. Several pages are devoted to a Harvard student's description of Walcott's misconduct. This occurred one November evening in 1981 and features various cringe-making declarations of sexual interest. When the incident was investigated, Walcott endorsed this version of events, but never repented. Nor did he apologise for his subsequent award of a grade to the student's poems, which was later raised to a pass by Harvard, presumably recognising her claim to have been vengefully marked down. Perhaps it is this disdainful absence of remorse that enrages Walcott's critics, to the point that they still fixate on a misdemeanour that predates war in the Falklands and are now to be found exulting, on various online communities, over his humiliation. Of course, with the semi-exoneration of Ted Hughes which followed posthumous publication of his collected letters, a vacancy has arisen for a male poet whose name, like his and Philip Larkin's, serves as a target for unhinged, supposedly feminist loathing. John Walsh, of the Independent newspaper, was the first to cast doubt on \"creepy\" Walcott's credentials, compared with those of Ruth Padel, whom he describes as \"my old friend\". The Harvard business was not one-off, he disclosed: \"Should one not mention Ms Nicole Niemi, 30 years his junior?\" This student had come 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 2/8 forward in 1995, Walsh said, \"to claim that when she was a creative writing student in the 1980s, Walcott threatened to fail her unless she went to bed with him\". Yes, one should certainly mention Ms Niemi. After making the accusations to which Walsh refers, she settled with Walcott out of court, without comment on either side. And now Ms Niemi has come forward again, under her married name, Nicole Kelby am appalled and saddened by the anonymous smear campaign against my former mentor, Derek Walcott,\" she wrote last week. Her intervention came too late, unfortunately, to prevent Mr Walcott quitting a contest the university might have done well to abandon, given the disinclination of the two remaining nominees to withdraw in disgust. Apart from anything, a restaged election would have attracted poets who had been deterred, before, by Walcott's pre-eminence. But Ms Kelby's statement at least stands as a rebuke to Walcott's more sanctimonious persecutors, with their conviction that the sexual attitudes for which he was arraigned almost three decades ago should never be forgiven. Although Walcott's supporters have been zealous with reminders that Byron was no saint, and that brilliant writers can be the baddest people, the most persuasive defence, in his case, is surely that his level of misbehaviour was once, allowing for the shortage of women students, commonplace. Even the American authors of The Lecherous Professor, in which the account of Walcott's infamy takes pride of place, acknowledge that victory over student-molesters occurs late in the annals of feminist achievement. \"As late as 1974,\" they report, \"there was still no general consensus about sexual harassment.\" Perhaps the speed with which sex with students has become a literary theme, courtesy of Roth, Mamet, Franzen, Coetzee and others, has led to the impression that universities have always advertised the transgressive aspect of these relationships. But in 1982, at the time of the Walcott complaint, Harvard's procedure for dealing with harassment claims was secretive and rudimentary. \"As long as Harvard promises that mum is the word on cases of sexual harassment,\" wrote a contributor to the university's newspaper, that year, \"open season will remain on women undergraduates.\" In Oxford, at around that time, such asymmetrical - as they are now called - relationships were similarly unregulated. Sometimes, one heard, they were of an exciting, Roth-like nature; sometimes they were not. When one tutor found a pretext to come to my room, where he backed me against a wall and 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 3/8 forced his flobbly tongue into my mouth, it seemed simplest, as a teenager in the Seventies, to change course. How did one report to a non-existent authority a nameless offence against a code which did not yet exist? Looking back, although cannot feel warmly about the beardy little git think he was no less evolved for his time and place than many. Mercifully for our daughters, Beardy's successors have moved on. Or at least: no university teacher, no matter how much he might resent them, can be ignorant of the penalties for sexual harassment. One can only deplore the relative backwardness in, to name just one profession, the political field. Here, quondam molesters such as Bill Clinton and John Prescott still prosper without, for instance, John Walsh, reminding them of unsuitable liaisons documented a lot more recently than 1982. Agreed: outside the terrifying world of poetry, the rights and wrongs of this obscure election don't amount to much. Who cares if Oxford has, in giving way to malevolent smears, ended up with a mediocre versifier, exchanging, in the process, its first black poetry professor for the first woman one? It's only five years until the next election. In the light of Walcott's lifelong ban, interested poets may want to start reviewing their personal history for any episodes that a younger and more enlightened person may find, with the best will in the world, creepy. 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 4/8 Most viewed 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 5/8 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 6/8 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 7/8 2/22/25, 6:35 This spiteful campaign has neither rhyme nor reason \| Catherine Bennett \| The Guardian 8/8", "7363_103.pdf": "Poet Accused of Harassment By Angela A. Sun, Crimson Staff Writer June 4, 2007 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 Derek Walcott, right, seated next to Nadine Gordimer at a recent event at the Kennedy School. He was accused of sexual harassment in 1982. Sections 2/22/25, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 1/7 Students in the graduating class of 1982 were able to take advantage of the presence on campus of Derek Walcott, the already-prominent poet and future Nobel Prize winner, who held the post of visiting professor of English during their senior year and taught several classes. But one student\u2019s interaction with Walcott landed the Boston University (BU) professor in the pages of the New York Times that year: a Harvard sophomore accused him of sexual harassment, and alleged that after declining his advances, she was given the only \u201cC\u201d in his class. According to Crimson reports of the incident at the time, in the spring of 1982, a sophomore\u2014who remained anonymous throughout the drawn-out controversy\u2014claimed that during a discussion of her poetry, Walcott suddenly said that he did not want to discuss poetry and began to discuss sex, asking the student, \u201cWould you make love with me?\u201d \u201cWalcott has acknowledged that the student described his conduct accurately, according to a letter to the freshman from assistant dean of the college, Marlyn McGrath Lewis \u201970-\u201973,\u201d The Crimson reported in a June 8 article of that year. In response to the incident, then-Dean of the Faculty Henry Rosovsky sent a letter to admonishing the then-55-year-old West Indian poet for his actions. Walcott retained his post at the University. The Crimson and the Times also reported at the time that Harvard\u2019s Administrative Board granted the student\u2019s request to change her grade to a \u201cpass\u201d in October of that year. The incident came at a time when Harvard was revising its sexual harassment policy and response procedures, and was one of several high-profile harassment allegations in the surrounding years. In 1979, Helene S. York \u201983 accused Professor of Environment Martin L. Kilson of attempting to kiss her during off-hours. In 1983, Professor of Government Jorge I. Dominguez was disciplined for sexually harassing a female junior faculty member in the department. And in 1985, Professor of Government Douglas A. Hibbs Jr. said he would resign after being accused of sexual misconduct, according to Crimson articles at the time. Sections 2/22/25, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 2/7 February 1985 Crimson article wrote that the series of incidents \u201cultimately led to the revision of Faculty guidelines for handling sexual harassment claims.\u201d Sidney Verba \u201953, who is stepping down this month as the director of the University Library, says that he was \u201cinvolved in that issue about 25 years ago,\u201d but does not remember the specifics of the proposals made. \u201cThere has been a vast cultural change in that quarter century,\u201d he writes in a recent e-mail. \u201cMy sense is that things are a lot better and a lot more recognized than back then, but that does not mean that utopia has arrived DISPUTE\u2019 Several professors and administrators who were involved with Walcott\u2019s case were contacted by The Crimson say that while they appreciated the fact that the harassment cases prompted a change in policy, they do not remember the Walcott incident particularly clearly. Porter University Professor Helen Vendler, also a visiting professor of English at Harvard at the time, says that she largely remembered the incident only insofar as the Times had reported it. \u201cWe were all so buried in what we were supposed to be doing every day,\u201d she says. \u201cSome little grade dispute\u2014who knows about it? It was recognized that there was something askew about the grade that was given.\u201d And Higginson Professor of English Literature Larry D. Benson, who was the chair of the English department in the latter half of 1982, says that the incident \u201cwasn\u2019t anything that left a deep impression on me don\u2019t have a very clear remembrance of this harassment and certainly that doesn\u2019t interfere with my admiration for him,\u201d he says. Lewis\u2014now the director of admissions for the College\u2014recently declined to comment on the incident, as did Rosovsky. But a 1996 article in The Chronicle of Higher Education reported that Walcott was again accused of sexual harassment by a student at his own university. According to The Chronicle, Nicole Niemi, a graduate student in BU\u2019s Sections 2/22/25, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 3/7 Want to keep up with breaking news? Subscribe to our email newsletter playwriting program, claimed that Walcott threatened to keep a play she wrote from being produced unless she had sex with him officials could not be reached for comment on the case. Since the 1982 incident, Walcott has returned to Harvard\u2019s campus twice. In 2003, he gave a reading of his works at the W.E.B. DuBois Institute, the nation\u2019s oldest research center dedicated to the study of African-American history and culture. In 2005, Walcott came to the Institute of Politics for an event called \u201cSeason of Laureates: Readings in Honor of the 70th Birthday of Wole Soyinka,\u201d cosponsored by the Du Bois Institute. Henry Louis \u201cSkip\u201d Gates, Jr., the Fletcher University professor at Harvard and director of the DuBois Institute, said that he had no knowledge of the accusations against Walcott, who is one of three African American winners of the Nobel Prize for literature. \u201cWe look forward to welcoming him back to speak at Harvard hope,\u201d he said of Walcott, \u201cin the very near future.\u201d \u2014Staff writer Angela A. Sun can be reached at [email protected] 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, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 4/7 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, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 5/7 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, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 6/7 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, 6:36 Poet Accused of Harassment \| News \| The Harvard Crimson 7/7", "7363_104.pdf": "Sir Derek Walcott Walcott at an honorary dinner in Amsterdam, 20 May 2008 Born Derek Alton Walcott 23 January 1930 Castries, Colony of Saint Lucia, British Windward Islands, British Empire Died 17 March 2017 (aged 87) Cap Estate, Gros-Islet, Saint Lucia Occupation Poet, playwright, professor Genre Poetry and plays Literary movement Postcolonialism Notable works Dream on Monkey Mountain (1967), Omeros (1990), White Egrets (2007) Derek Walcott Sir Derek Alton Walcott (23 January 1930 \u2013 17 March 2017) was a Saint Lucian poet and playwright. He received the 1992 Nobel Prize in Literature.[1] His works include the Homeric epic poem Omeros (1990), which many critics view \"as Walcott's major achievement.\"[2] In addition to winning the Nobel Prize, Walcott received many literary awards over the course of his career, including an Obie Award in 1971 for his play Dream on Monkey Mountain, a MacArthur Foundation \"genius\" award, a Royal Society of Literature Award, the Queen's Medal for Poetry, the inaugural Bocas Prize for Caribbean Literature,[3] the 2010 T. S. Eliot Prize for his book of poetry White Egrets[4] and the Griffin Trust For Excellence in Poetry Lifetime Recognition Award in 2015. Walcott was born and raised in Castries, Saint Lucia, in the West Indies, the son of Alix (Maarlin) and Warwick Walcott.[5] He had a twin brother, the playwright Roderick Walcott, and a sister, Pamela Walcott. His family is of English, Dutch and African descent, reflecting the complex colonial history of the island that he explores in his poetry. His mother, a teacher, loved the arts and often recited poetry around the house.[6] His father was a civil servant and a talented painter. He died when Walcott and his brother were one year old, and were left to be raised by their mother. Walcott was brought up in Methodist schools. His mother, who was a teacher at a Methodist elementary school, provided her children with an environment where their talents could be nurtured.[7] Walcott's family was part of a Early life and childhood 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 1/18 Notable awards Nobel Prize in Literature 1992 T. S. Eliot Prize 2010 Children 3 Signature minority Methodist community, who felt overshadowed by the dominant Catholic culture of the island established during French colonial rule.[8] As a young man Walcott trained as a painter, mentored by Harold Simmons,[9] whose life as a professional artist provided an inspiring example for him. Walcott greatly admired C\u00e9zanne and Giorgione and sought to learn from them.[6] Walcott's painting was later exhibited at the Anita Shapolsky Gallery in New York City, along with the art of other writers, in a 2007 exhibition named The Writer's Brush: Paintings and Drawing by Writers.[10][11] He studied as a writer, becoming \"an elated, exuberant poet madly in love with English\" and strongly influenced by modernist poets such as T. S. Eliot and Ezra Pound.[2] Walcott had an early sense of a vocation as a writer. In the poem \"Midsummer\" (1984), he wrote: Forty years gone, in my island childhood felt that the gift of poetry had made me one of the chosen, that all experience was kindling to the fire of the Muse.[6] At 14, Walcott published his first poem, a Miltonic, religious poem, in the newspaper The Voice of St Lucia. An English Catholic priest condemned the Methodist-inspired poem as blasphemous in a response printed in the newspaper.[6] By 19, Walcott had self-published his first two collections with the aid of his mother, who paid for the printing: 25 Poems (1948) and Epitaph for the Young Cantos (1949). He sold copies to his friends and covered the costs.[12] He later commented went to my mother and said, \"I'd like to publish a book of poems, and think it's going to cost me two hundred dollars.\" She was just a seamstress and a schoolteacher, and remember her being very upset because she wanted to do it. Somehow she got it\u2014a lot of money for a woman to have found on her salary. She gave it to me, and sent off to Trinidad and had the book printed. When the books came back would sell them to friends made the money back.[6] The influential Bajan poet Frank Collymore critically supported Walcott's early work.[6] After attending high school at Saint Mary's College, he received a scholarship to study at the University College of the West Indies in Kingston, Jamaica.[13] After graduation, Walcott moved to Trinidad in 1953, where he became a critic, teacher and journalist.[13] He founded the Trinidad Theatre Workshop in 1959 and remained active with its board of directors.[12][14] Career 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 2/18 Walcott at Festival Internacional, 1992 Derek Walcott reciting his poem \"names\" Exploring the Caribbean and its history in a colonialist and post- colonialist context, his collection In a Green Night: Poems 1948\u2013 1960 (1962) attracted international attention.[2] His play Dream on Monkey Mountain (1970) was produced on in the United States the year it was published. Makak is the protagonist in this play; and \"Makak\"s condition represents the condition of the colonized natives under the oppressive forces of the powerful colonizers\".[15] In 1971 it was produced by the Negro Ensemble Company off-Broadway in New York City; it won an Obie Award that year for \"Best Foreign Play\".[16] The following year, Walcott won an from the British government for his work.[17] He was hired as a teacher by Boston University in the United States, where he founded the Boston Playwrights' Theatre in 1981. That year he also received a MacArthur Foundation Fellowship in the United States. Walcott taught literature and writing at Boston University for more than two decades, publishing new books of poetry and plays on a regular basis. Walcott retired from his position at Boston University in 2007. He became friends with other poets, including the Russian expatriate Joseph Brodsky, who lived and worked in the U.S. after being exiled in the 1970s, and the Irishman Seamus Heaney, who also taught in Boston.[14] Walcott's epic poem Omeros (1990), which loosely echoes and refers to characters from the Iliad, has been critically praised as his \"major achievement.\"[2] The book received praise from publications such as The Washington Post and The New York Times Book Review, which chose Omeros as one of its \"Best Books of 1990\".[18] Walcott was awarded the Nobel Prize in Literature in 1992, the second Caribbean writer to receive the honour after Saint-John Perse, who was born in Guadeloupe, received the award in 1960. The Nobel committee described Walcott's work as \"a poetic oeuvre of great luminosity, sustained by a historical vision, the outcome of a multicultural commitment\".[2] He won an Anisfield-Wolf Book Award[19] for Lifetime Achievement in 2004. His later poetry collections include Tiepolo's Hound (2000), illustrated with copies of his watercolours;[20] The Prodigal (2004), and White Egrets (2010), which received the T. S. Eliot Prize[2][13] and the 2011 Bocas Prize for Caribbean Literature.[21] Derek Walcott held the Elias Ghanem Chair in Creative Writing at the University of Nevada, Las Vegas in 2007.[22] In 2008, Walcott gave the first Cola Debrot Lectures[23] In 2009, Walcott began a three-year distinguished scholar-in-residence position at the University of Alberta. In 2010, he became Professor of Poetry at the University of Essex.[24] As a part of St Lucia's Independence Day celebrations, in February 2016, he became one of the first knights of the Order of Saint Lucia.[25] 3:18 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 3/18 Wall poem \"Omeros\" in Leiden Wall poem \"Midsummer, Tobago\" in The Hague Methodism and spirituality have played a significant role from the beginning in Walcott's work. He commented have never separated the writing of poetry from prayer have grown up believing it is a vocation, a religious vocation.\" Describing his writing process, he wrote: \"the body feels it is melting into what it has seen\u2026 the 'I' not being important. That is the ecstasy... Ultimately, it's what Yeats says: 'Such a sweetness flows into the breast that we laugh at everything and everything we look upon is blessed.' That's always there. It's a benediction, a transference. It's gratitude, really. The more of that a poet keeps, the more genuine his nature.\"[6] He also notes: \"if one thinks a poem is coming on... you do make a retreat, a withdrawal into some kind of silence that cuts out everything around you. What you're taking on is really not a renewal of your identity but actually a renewal of your anonymity.\"[6] Walcott said that his writing was influenced by the work of the American poets Robert Lowell and Elizabeth Bishop, who were also friends.[6] He published more than twenty plays, the majority of which have been produced by the Trinidad Theatre Workshop and have also been widely staged elsewhere. Many of them address, either directly or indirectly, the liminal status of the West Indies in the post-colonial period.[26] Through poetry he also explores the paradoxes and complexities of this legacy.[27] In his 1970 essay \"What the Twilight Says: An Overture\", discussing art and theatre in his native region (from Dream on Monkey Mountain and Other Plays), Walcott reflects on the West Indies as a colonized space. He discusses the problems for an artist of a region with little in the way of truly Indigenous forms, and with little national or nationalist identity. He states: \"We are all strangers here... Our bodies think in one language and move in another\". The epistemological effects of colonization inform plays such as Ti-Jean and his Brothers. Mi-Jean, one of the eponymous brothers, Writing Themes Influences Playwriting Essays 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 4/18 is shown to have much information but truly knows nothing. Every line Mi-Jean recites is rote knowledge gained from the coloniser; he is unable to synthesize it or apply it to his life as a colonised person.[28] Walcott notes of growing up in West Indian culture: What we were deprived of was also our privilege. There was a great joy in making a world that so far, up to then, had been undefined... My generation of West Indian writers has felt such a powerful elation at having the privilege of writing about places and people for the first time and, simultaneously, having behind them the tradition of knowing how well it can be done\u2014by a Defoe, a Dickens, a Richardson.[6] Walcott identified as \"absolutely a Caribbean writer\", a pioneer, helping to make sense of the legacy of deep colonial damage.[6] In such poems as \"The Castaway\" (1965) and in the play Pantomime (1978), he uses the metaphors of shipwreck and Crusoe to describe the culture and what is required of artists after colonialism and slavery: both the freedom and the challenge to begin again, salvage the best of other cultures and make something new. These images recur in later work as well. He writes: \"If we continue to sulk and say, Look at what the slave-owner did, and so forth, we will never mature. While we sit moping or writing morose poems and novels that glorify a non-existent past, then time passes us by.\"[6] Walcott's epic book-length poem Omeros was published in 1990 to critical acclaim. The poem very loosely echoes and references Homer and some of his major characters from The Iliad. Some of the poem's major characters include the island fishermen Achille and Hector, the retired English officer Major Plunkett and his wife Maud, the housemaid Helen, the blind man Seven Seas (who symbolically represents Homer), and the author himself.[29] Although the main narrative of the poem takes place on the island of St. Lucia, where Walcott was born and raised, Walcott also includes scenes from Brookline, Massachusetts (where Walcott was living and teaching at the time of the poem's composition), and the character Achille imagines a voyage from Africa onto a slave ship that is headed for the Americas; also, in Book Five of the poem, Walcott narrates some of his travel experiences in a variety of cities around the world, including Lisbon, London, Dublin, Rome, and Toronto.[30] Composed in a variation on terza rima, the work explores the themes that run throughout Walcott's oeuvre: the beauty of the islands, the colonial burden, the fragmentation of Caribbean identity, and the role of the poet in a post-colonial world.[31] In this epic, Walcott speaks in favour of unique Caribbean cultures and traditions to challenge the modernity that existed as a consequence of colonialism.[32] Omeros 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 5/18 Walcott's work has received praise from major poets including Robert Graves, who wrote that Walcott \"handles English with a closer understanding of its inner magic than most, if not any, of his contemporaries\",[33] and Joseph Brodsky, who praised Walcott's work, writing: \"For almost forty years his throbbing and relentless lines kept arriving in the English language like tidal waves, coagulating into an archipelago of poems without which the map of modern literature would effectively match wallpaper. He gives us more than himself or 'a world'; he gives us a sense of infinity embodied in the language.\"[12] Walcott noted that he, Brodsky, and the Irish poet Seamus Heaney, who all taught in the United States, were a band of poets \"outside the American experience\". The poetry critic William Logan critiqued Walcott's work in a New York Times book review of Walcott's Selected Poems. While he praised Walcott's writing in Sea Grapes and The Arkansas Testament, Logan had mostly negative things to say about Walcott's poetry, calling Omeros \"clumsy\" and Another Life \"pretentious\". Logan concluded with: \"No living poet has written verse more delicately rendered or distinguished than Walcott, though few individual poems seem destined to be remembered.\"[34] Most reviews of Walcott's work are more positive. For instance, in The New Yorker review of The Poetry of Derek Walcott, Adam Kirsch had high praise for Walcott's oeuvre, describing his style in the following manner: By combining the grammar of vision with the freedom of metaphor, Walcott produces a beautiful style that is also a philosophical style. People perceive the world on dual channels, Walcott's verse suggests, through the senses and through the mind, and each is constantly seeping into the other. The result is a state of perpetual magical thinking, a kind of Alice in Wonderland world where concepts have bodies and landscapes are always liable to get up and start talking.[35] Kirsch calls Another Life Walcott's \"first major peak\" and analyzes the painterly qualities of Walcott's imagery from his earliest work through to later books such as Tiepolo's Hound. Kirsch also explores the post-colonial politics in Walcott's work, calling him \"the postcolonial writer par excellence\". Kirsch calls the early poem Far Cry from Africa\" a turning point in Walcott's development as a poet. Like Logan, Kirsch is critical of Omeros, which he believes Walcott fails to successfully sustain over its entirety. Although Omeros is the volume of Walcott's that usually receives the most critical praise, Kirsch believes Midsummer to be his best book.[35] In 2013 Dutch filmmaker Ida Does released Poetry is an Island, a feature documentary film about Walcott's life and the ever-present influence of his birthplace of St Lucia.[36][37] In 1954 Walcott married Fay Moston, a secretary, and they had a son, the St. Lucian painter Peter Walcott. The marriage ended in divorce in 1959. Walcott married a second time to Margaret Maillard in 1962, who worked as an almoner in a hospital. Together they had two daughters, Elizabeth Walcott- Criticism and praise Personal life 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 6/18 Hackshaw and Anna Walcott-Hardy, before divorcing in 1976.[38] In 1976, Walcott married for a third time, to actress Norline Metivier; they divorced in 1993. His companion until his death was Sigrid Nama, a former art gallery owner.[14][39][40][41] Walcott was also known for his passion for travelling to countries around the world. He split his time between New York, Boston, and St. Lucia, and incorporated the influences of different locations into his pieces of work.[2] In 1982, a Harvard sophomore accused Walcott of sexual harassment in September 1981. She alleged that after she refused a sexual advance from him, she was given the only in the class. In 1996 a student at Boston University sued Walcott for sexual harassment and \"offensive sexual physical contact\". The two reached a settlement.[42][43] In 2009, Walcott was a leading candidate for the position of Oxford Professor of Poetry. He withdrew his candidacy after reports of the accusations against him of sexual harassment from 1981 and 1996.[44] When the media learned that pages from an American book on the topic were sent anonymously to a number of Oxford academics, this aroused their interest in the university's decisions.[45][46] Ruth Padel, also a leading candidate, was elected to the post. Within days, The Daily Telegraph reported that she had alerted journalists to the harassment cases.[47][48] Under severe media and academic pressure, Padel resigned.[47][49] Padel was the first woman to be elected to the Oxford post, and some journalists attributed the criticism of her to misogyny[50][51] and a gender war at Oxford. They said that a male poet would not have been so criticized, as she had reported published information, not rumour.[52][53] Numerous respected poets, including Seamus Heaney and Al Alvarez, published a letter of support for Walcott in The Times Literary Supplement, and criticized the press furore.[54] Other commentators suggested that both poets were casualties of the media interest in an internal university affair because the story \"had everything, from sex claims to allegations of character assassination\".[55] Simon Armitage and other poets expressed regret at Padel's resignation.[56][57] Walcott died at his home in Cap Estate, St. Lucia, on 17 March 2017.[58] He was 87. He was given a state funeral on Saturday, 25 March, with a service at the Cathedral Basilica of the Immaculate Conception in Castries and burial at Morne Fortune.[59][60] Allegations of sexual harassment Death 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 7/18 Walcott's grave on Morne Fortune In 1993, a public square and park located in central Castries, Saint Lucia, was named Derek Walcott Square.[61 documentary film, Poetry Is an Island: Derek Walcott, by filmmaker Ida Does, was produced to honour him and his legacy in 2013.[62] The Saint Lucia National Trust acquired Walcott's childhood home at 17 Chauss\u00e9e Road, Castries, in November 2015, renovating it before opening it to the public as Walcott House in January 2016.[63] In 2019, Arrowsmith Press, in partnership with The Derek Walcott Festival in Port-of-Spain, Trinidad, and the Boston Playwrights' Theatre, began awarding the annual Derek Walcott Prize for Poetry to a full-length book of poems by a living poet who is not a citizen published in the previous calendar year.[64] In January 2020, the Sir Arthur Lewis Community College in St. Lucia announced that Walcott's books on Caribbean Literature and poetry have been donated to its Library.[65] 1969: Cholmondeley Award[66] 1971: Obie Award for Best Foreign Play (for Dream on Monkey Mountain)[66] 1972: Officer of the Order of the British Empire[17] 1981: MacArthur Foundation Fellowship (\"genius award\")[66] 1988: Queen's Gold Medal for Poetry[39] 1990: Arts Council of Wales International Writers Prize[66] 1990: W. H. Smith Literary Award (for poetry Omeros)[39] 1992: Nobel Prize in Literature[39] 2004: Anisfield-Wolf Book Award for Lifetime Achievement[19] 2008: Honorary doctorate from the University of Essex[24] 2011: T. S. Eliot Prize (for poetry collection White Egrets)[4] 2011 Bocas Prize for Caribbean Literature (for White Egrets)[3] 2015: Griffin Trust For Excellence in Poetry Lifetime Recognition Award[67] 2016: Knight Commander of the Order of Saint Lucia[25] Legacy Awards and honours 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 8/18 Works by Derek Walcott ( at Open Library 1948: 25 Poems 1949: Epitaph for the Young: Xll Cantos 1951: Poems 1962: In a Green Night: Poems 1948\u201460 1964: Selected Poems 1965: The Castaway and Other Poems 1969: The Gulf and Other Poems 1973: Another Life 1976: Sea Grapes 1979: The Star-Apple Kingdom 1981: Selected Poetry 1981: The Fortunate Traveller 1983: The Caribbean Poetry of Derek Walcott and the Art of Romare Bearden 1984: Midsummer 1986: Collected Poems, 1948\u20131984, featuring \"Love After Love\" 1987: The Arkansas Testament 1990: Omeros 1997: The Bounty 2000: Tiepolo's Hound, includes Walcott's watercolors 2004: The Prodigal 2007: Selected Poems (edited, selected, and with an introduction by Edward Baugh) 2010: White Egrets 2014: The Poetry of Derek Walcott 1948\u20132013 2016: Morning, Paramin (illustrated by Peter Doig) 1950: Henri Christophe Chronicle in Seven Scenes 1952: Harry Dernier Play for Radio Production 1953: Wine of the Country 1954: The Sea at Dauphin Play in One Act 1957: Ione 1958: Drums and Colours: An Epic Drama 1958: Ti-Jean and His Brothers 1966: Malcochon: or, Six in the Rain 1967: Dream on Monkey Mountain 1970: In a Fine Castle List of works Poetry collections Plays 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 9/18 1974: The Joker of Seville 1974: The Charlatan 1976 Babylon! 1977: Remembrance 1978: Pantomime 1980: The Joker of Seville and Babylon!: Two Plays 1982: The Isle Is Full of Noises 1984: The Haitian Earth 1986: Three Plays: The Last Carnival, Beef, No Chicken, and Branch of the Blue Nile 1991: Steel 1993: Odyssey Stage Version 1997: The Capeman (book and lyrics, both in collaboration with Paul Simon) 2002: Walker and The Ghost Dance 2011: Moon-Child 2014 Starry Starry Night 1990: The Poet in the Theatre, Poetry Book Society (London) 1993: The Antilles: Fragments of Epic Memory (New York: Farrar, Straus & Giroux) 1996: Conversations with Derek Walcott, (Jackson, MS: University of Mississippi) 1996: (With Joseph Brodsky and Seamus Heaney) Homage to Robert Frost (New York: Farrar, Straus & Giroux) 1998: What the Twilight Says (essays), (New York: Farrar, Straus & Giroux) 2002: Walker and Ghost Dance (New York: Farrar, Straus & Giroux) 2004: Another Life: Fully Annotated, Boulder, CO: Lynne Rienner Publishers Black Nobel Prize laureates \"Love After Love\", a poem by Derek Walcott Omeros, epic poetry by Derek Walcott Caribbean Epic 1. \"Derek Walcott \u2013 Biographical\" ( -bio.html). Nobel Foundation. 1992. Archived ( nobelprize.org/nobel_prizes/literature/laureates/1992/walcott-bio.html) from the original on 17 June 2018. Retrieved 18 March 2017. 2. \"Derek Walcott 1930\u20132017\" ( Chicago, IL: Poetry Foundation. Archived ( dation.org/bio/derek-walcott) from the original on 2 April 2016. Retrieved 18 March 2017. Other books See also References 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 10/18 3. \"Derek Walcott wins Bocas Prize\" ( s_OCM_Bocas_Prize-121040233.html) Archived ( ttp:// 15 March 2016 at the Wayback Machine, Trinidad Express Newspapers, 30 April 2011. 4. Charlotte Higgins Eliot prize goes to Derek Walcott for 'moving and technically flawless' work\". ( Archived (http s://web.archive.org/web/20230612134545/ -prize-derek-walcott) 12 June 2023 at the Wayback Machine The Guardian, 24 January 2011. 5. Mayer, Jane (9 February 2004). \"The Islander\" ( he-islander). The New Yorker. Archived ( w.newyorker.com/magazine/2004/02/09/the-islander) from the original on 9 January 2019. Retrieved 20 March 2017. 6. Edward Hirsch, \"Derek Walcott, The Art of Poetry No. 37\" ( s/2719/the-art-of-poetry-no-37-derek-walcott) Archived ( 637/ 15 September 2012 at the Wayback Machine, The Paris Review, Issue 101, Winter 1986. 7. Puchner, Martin. The Norton Anthology of World Literature. 4th ed., f, W.W. Norton & Company, 2013. 8. Grimes, William (17 March 2017). \"Derek Walcott, Poet and Nobel Laureate of the Caribbean, Dies at 87\" ( s/derek-walcott-dead-nobel-prize-literature.html). The New York Times. Archived from the original ( on 1 January 2022. Retrieved 18 March 2017. 9. \"Harold Simmons\" ( St Lucia: Folk Research Centre. Archived ( onalities/view/18) from the original on 28 April 2019. Retrieved 23 August 2015. 10. \"The Writer's Brush\" ( News. 16 December 2007. Archived ( e-writers-brush/) from the original on 22 April 2019. Retrieved 21 March 2015. 11. \"The Writer's Brush; September 11 \u2013 October 27, 2007\" ( 0315/ Anita Shapolsky Gallery. New York City. Archived from the original ( ers.html) on 1 February 2015. 12. \"Derek Walcott\" ( poets.org. Academy of American Poets. 4 February 2014. Archived ( s.org/poet.php/prmPID/220) from the original on 10 March 2011. Retrieved 29 December 2010. 13. British Puchner, Martin. The Norton Anthology of World Literature. 4th ed., f, W.W. Norton & Company, 2013.Council. \"Derek Walcott \u2013 British Council Literature\" ( 20110104042528/ sX2F7F9A1). contemporarywriters.com. Archived from the original ( s.com/authors/?p=authC2D9C28A0a4dc1BE88LsX2F7F9A1) on 4 January 2011. 14. Als, Hilton (17 March 2017). \"Derek Walcott \u2013 a mighty poet has fallen\" ( m/culture/culture-desk/derek-walcott-a-mighty-poet-has-died). The New Yorker. Archived ( eb.archive.org/web/20191114034425/ tt-a-mighty-poet-has-died) from the original on 14 November 2019. Retrieved 18 March 2017. 15. Islam, Md. Manirul (April 2019). \"Derek Walcott's Dream on Monkey Mountain Complicated Presentation of Postcolonial Condition of the West Indians\". New Academia. 8(2). 16. Obie Award Listing: Dream on Monkey Mountain ( InfoPlease. Archived ( a/A0153558.html) 3 April 2016 at the Wayback Machine. 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 11/18 17. \"Honorary degrees 2006 - University of Oxford\" ( p:// l). Archived from the original ( ast_five_years/honorary06.html) on 17 December 2010. Retrieved 13 April 2011. 18. \"Editors' Choice: The Best Books of 1990\" ( oice-the-best-books-of-1990.html). The New York Times. 2 December 1990. Archived ( archive.org/web/20180617115924/ best-books-of-1990.html) from the original on 17 June 2018. Retrieved 18 March 2017. 19. \"Derek Walcott, 2004 \u2013 Lifetime Achievement\" ( walcott/?sortby=year) Archived ( -wolf.org/books/lifetime-derek-walcott/?sortby=year) 7 November 2014 at the Wayback Machine, Winners \u2013 Anisfield-Wolf Book Award. 20. \"Derek Walcott's Tiepolo's Hound\" ( essay, Academy of American Poets, 18 February 2005. Archived ( 205624/ 3 August 2010 at the Wayback Machine. 21. \"Derek Walcott wins Bocas Prize\" ( w.trinidadexpress.com/news/Derek_Walcott_wins_OCM_Bocas_Prize-121040233.html). Trinidad Express. 30 April 2011. Archived from the original ( alcott_wins_OCM_Bocas_Prize-121040233.html) on 15 March 2016. Retrieved 30 September 2012. 22. \"Poet, Playwright and Nobel Laureate Derek Walcott to Speak at April 19\" ( edu/news/release/poet-playwright-and-nobel-laureate-derek-walcott-speak-unlv-april-19). UNLV. 6 April 2007. Archived ( ease/poet-playwright-and-nobel-laureate-derek-walcott-speak-unlv-april-19) from the original on 12 October 2022. Retrieved 12 October 2022. 23. \"Nobelprijs winnaar Derek Walcott bezoekt Amsterdam\" ( 5157/ erek-walcott-bezoekt-amsterdam.html?cb). Spui 25 (Academic Podium of University of Amsterdam) (in Dutch). Archived from the original ( menten/lezingen/2008/05/nobelprijs-winnaar-derek-walcott-bezoekt-amsterdam.html?cb) on 9 June 2020. Retrieved 9 June 2020. 24. \"Nobel Laureate Derek Walcott is new Professor of Poetry\" ( 2010909/ University of Essex. 11 December 2009. Archived from the original ( on 2 May 2017. Retrieved 10 January 2010. 25. \"List of awards to be given on Independence Day\" ( s-to-be-given-on-independence-day/). St Lucia News Online. 22 February 2016. Archived (https:// web.archive.org/web/20201203013149/ en-on-independence-day/) from the original on 3 December 2020. Retrieved 22 February 2016. 26. Suk, Jeannie (17 May 2001). Postcolonial Paradoxes in French Caribbean Writing: C\u00e9saire, Glissant, Cond\u00e9 ( s+postcolonial&pg=PA22). Clarendon Press 9780191584404. Archived ( org/web/20240808090347/ paradoxes+postcolonial&pg=PA22#v=snippet&q=derek%20walcott%20paradoxes%20postcolonia l&f=false) from the original on 8 August 2024. Retrieved 31 October 2020. 27. Nidhi, Mahajan (1 January 2015). \"Cultural Tensions and Hybrid Identities in Derek Walcott's Poetry\" ( ek-walcotts-poetry). Inquiries Journal. 7 (9). Archived ( 41/ alcotts-poetry) from the original on 19 March 2017. Retrieved 18 March 2017. 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 12/18 28. \"Walcott: Caribbean literary colossus\" ( arbadostoday.bb/2016/02/25/walcott-caribbean-literary-colossus/). Barbados Today. St Michael, Barbados. 25 February 2016. Archived from the original ( 5/walcott-caribbean-literary-colossus/) on 19 March 2017. Retrieved 19 March 2017. 29. Lefkowitz, Mary (7 October 1990). \"Bringing Him Back Alive\" ( 6/29/reviews/walcott-omeros.html). The New York Times. Retrieved 18 March 2017. 30. Morrison, James V. (1 January 1999). \"Homer Travels to the Caribbean: Teaching Walcott's \"Omeros\" \". The Classical World. 93 (1): 83\u201399. doi:10.2307/4352373 ( 4352373 4352373 ( 31. Bixby, Patrick. \"Derek Walcott\" ( Archived (http s://web.archive.org/web/20101215202946/ 15 December 2010 at the Wayback Machine, essay: Spring 2000, Emory University. Retrieved 30 March 2012. 32. Baral, Raj Kumar and Shrestha, Heena (2020). \"What is behind Myth and History in Derek Walcott's Omeros\". Cogent Arts and Humanities, 7.1. Archived ( 90451/ 8 August 2024 at the Wayback Machine 33. Robert D. Hamner, \"Introduction\" ( es+English&pg=PA1) Archived ( e.com/books?id=CkNTOawGMjwC&q=handles+English&pg=PA1) 10 October 2023 at the Wayback Machine, Critical Perspectives on Derek Walcott (Three Continents, 1993), Lynne Rienner, 1997, p. 1. 34. Logan, William (8 April 2007). \"The Poet of Exile\" ( ew/Logan.t.html). The New York Times. Archived ( ttp:// from the original on 22 March 2017. Retrieved 19 March 2017. 35. Kirsch, Adam (3 February 2014). \"Full Fathom Five\" ( 2/03/full-fathom-five-2). The New Yorker. Archived ( from the original on 19 March 2017. Retrieved 18 March 2017. 36. Charles, Dee Lundy (19 May 2014). \"It's Past Time For Walcott's Poetry Island\" ( om/its-past-time-for-walcotts-poetry-island/). St Lucia Star. Archived ( 20170411135816/ from the original on 11 April 2017. Retrieved 11 April 2017. 37. El Gammal-Ortiz, Sharif (13 August 2015). \"Film: Review Of \"Poetry Is An Island\" \" ( ngislands.com/2015/08/13/film-review-of-poetry-is-an-island/). Repeating Islands. Archived (http s://web.archive.org/web/20170411140514/ poetry-is-an-island/) from the original on 11 April 2017. Retrieved 11 April 2017. 38. \"Sir Derek loses battle with kidney disease \| World mourns\" ( 7-03-18/world-mourns) Archived ( ian.co.tt/news/2017-03-18/world-mourns) 3 April 2019 at the Wayback Machine, Trinidad and Tobago Guardian, 18 March 2017. 39. The International Who's Who 2004 ( 760). Psychology Press. 2003. p. 1760 9781857432176. Retrieved 5 April 2017. 40. Haynes, Leanne (2 August 2013). \"Interview: Peter Walcott\" ( 08/peter-walcott Magazine. Archived ( arcthemagazine.com/arc/2013/08/peter-walcott/) from the original on 5 April 2017. Retrieved 5 April 2017. 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 13/18 41. Wroe, Nicholas (2 September 2000). \"The laureate of St Lucia\" ( ks/2000/sep/02/poetry). The Guardian. Archived ( tps:// from the original on 8 August 2024. Retrieved 17 March 2017. 42. Sun, Angela A. (4 June 2007). \"Poet Accused of Harassment\" ( 2007/6/4/poet-accused-of-harassment-students-in/). The Harvard Crimson. Archived ( archive.org/web/20180814062322/ arassment-students-in/) from the original on 14 August 2018. Retrieved 25 March 2017. 43. Dziech, Billie Wright; Weiner, Linda (1990). The Lecherous Professor: Sexual Harassment on Campus ( (second ed.). Urbana. IL: University of Illinois Press. pp. 29 ( 978-0-252-06118-9. 44. Griffiths, Sian; Grimston, Jack (10 May 2009). \"Sex pest file gives Oxford poetry race a nasty edge\" ( j9zfn). The Sunday Times. London. Archived ( s:// from the original on 6 April 2017. Retrieved 5 April 2017. 45. Woods, Richard (24 May 2009). \"Call for Oxford poet to resign after sex row\" ( org/web/20110617003953/ s/poetry/article6350589.ece). The Sunday Times. London. Archived from the original ( ainment.timesonline.co.uk/tol/arts_and_entertainment/books/poetry/article6350589.ece) on 17 June 2011. Retrieved 25 May 2009. 46. \"Poetic justice as Padel steps down\" ( oetic+justice+as+padel+steps+down/3169662). Channel 4 News. 26 May 2009. Archived (https:// web.archive.org/web/20090528203314/ t/poetic+justice+as+padel+steps+down/3169662) from the original on 28 May 2009. Retrieved 26 May 2009. 47. Khan, Urmee; Eden, Richard (24 May 2009). \"Ruth Padel under pressure to resign Oxford post over emails about rival poet Derek Walcott\" ( s/5378474/Ruth-Padel-under-pressure-to-resign-Oxford-post-over-emails-about-rival-poet-Derek- Walcott.html). The Daily Telegraph. London. Archived ( ign-Oxford-post-over-emails-about-rival-poet-Derek-Walcott.html) from the original on 12 January 2022. Retrieved 24 May 2009. 48. \"Oxford professor of poetry Ruth Padel resigns\" ( 5/ruth-padel-oxford-poetry-resigns). The Guardian. London. Press Association. 25 May 2009. Retrieved 20 September 2010. 49. Lovell, Rebecca (26 May 2009). \"Hay festival diary: Ruth Padel talks about the poetry professorship scandal\" ( padel). The Guardian. London. Archived ( w.theguardian.com/books/video/2009/may/26/hay-festival-ruth-padel) from the original on 8 August 2024. Retrieved 26 May 2009. 50. Libby Purves familiar reek of misogyny and mistrust\" ( umnists/libbypurves/article2043191.ece) Archived ( 7 April 2014 at the Wayback Machine, The Times, 18 May 2009. 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 14/18 51. Alibhai Brown, Yasmin (25 May 2009 Male Poet Wouldn't Have Been Blamed for Rough Tactics\" ( aibrown-a-male-poet-wouldnt-have-been-blamed-for-rough-tactics-1690430.html). The Independent. Archived ( uk/opinion/commentators/yasmin-alibhai-brown/yasmin-alibhaibrown-a-male-poet-wouldnt-have-b een-blamed-for-rough-tactics-1690430.html) from the original on 30 January 2012. Retrieved 26 August 2017. 52. Halford, Macy (7 January 2009). \"The Book Bench: Oxford's Gender Trouble\" ( er.com/online/blogs/books/2009/05/oxfords-gender-trouble.html). The New Yorker. Archived (http s://web.archive.org/web/20121019225021/ oxfords-gender-trouble.html) from the original on 19 October 2012. Retrieved 20 September 2010. 53. Gardner, Suzanne (26 May 2009). \"Ruth Padel resigns, but the 'gender war' rages on\" ( w.quillandquire.com/book-news/2009/05/26/ruth-padel-resigns-but-the-gender-war-rages-on/). Quill and Quire. Archived ( om/book-news/2009/05/26/ruth-padel-resigns-but-the-gender-war-rages-on/) from the original on 22 March 2017. Retrieved 21 March 2017. 54. Al Alvarez, Alan Brownjohn, Carmen Bugan, David Constantine, Elizabeth Cook, Robert Conquest, Jonty Driver, Seamus Heaney, Jenny Joseph, Grevel Lindop, Patrick McGuinness, Lucy Newlyn, Bernard O'Donoghue, Michael Schmidt, Jon Stallworthy, Michael Suarez, Don Thomas, Anthony Thwaite, \"Oxford Professor of Poetry,\" The Times Literary Supplement, 3 June 2009, p. 6. 55. \"Oxford Professor of Poetry\" ( Archived ( 8 August 2024 at the Wayback Machine, ENotes. 56. \"Newsnight: From the web team\" ( 5/). BBC. May 2009. Archived ( k/blogs/newsnight/fromthewebteam/2009/05/) from the original on 6 August 2009. Retrieved 10 September 2010. 57. Robert McCrum (31 May 2009). \"Who dares to follow in Ruth Padel's footsteps?\" ( guardian.com/books/2009/may/31/ruth-padel-derek-walcott-oxford-professor-poetry). The Observer. London. Archived ( an.com/books/2009/may/31/ruth-padel-derek-walcott-oxford-professor-poetry) from the original on 8 August 2024. Retrieved 18 September 2010. 58. \"Derek Walcott has died\" ( 017/03/17/derek-walcott-died). St. Lucia Times. 17 March 2017. Archived from the original (https:// stluciatimes.com/2017/03/17/derek-walcott-died) on 18 March 2017. Retrieved 17 March 2017. 59. \"World bids farewell to Derek Walcott\" ( amaicaobserver.com/news/World-bids-farewell-to-Derek-Walcott), Jamaica Observer, 25 March 2017. 60. \"Derek Walcott laid to rest\" ( Archived ( aid-rest/) 14 July 2018 at the Wayback Machine, St. Lucia Times, 27 March 2017. 61. Luntta, Karl; Agate, Nick (2003). The Rough Guide to St Lucia ( =Hm-zPSOzql0C&q=%22Derek+Walcott+Square%22&pg=PA60). Rough Guides. p. 60 978-1-8582-8916-8. Archived ( oogle.com/books?id=Hm-zPSOzql0C&q=%22Derek+Walcott+Square%22&pg=PA60#v=snippet& q=%22Derek%20Walcott%20Square%22&f=false) from the original on 8 August 2024. Retrieved 31 October 2020. 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 15/18 62. Romero, Ivette (2016). \"Does, Ida (1955\u2013 ), film director and journalist\". In Knight, Franklin W.; Gates, Henry Louis Jr. (eds.). Dictionary of Caribbean and Afro\u2013Latin American Biography (https:// -664?rskey=CFMZIz&result=13). Oxford, England: Oxford University Press 978-0-199- 93580-2. Archived ( m/display/10.1093/acref/9780199935796.001.0001/acref-9780199935796-e-664?rskey=CFMZIz& result=13) from the original on 8 August 2024. Retrieved 6 September 2020. \u2013 via Oxford University Press ( Reference Online (subscription required) 63. Bishop, Stan, \"Walcott House Opens \u2013 Nobel Laureate Says He's Thankful\" ( m/2016/01/walcott-house-opens/) Archived ( evoiceslu.com/2016/01/walcott-house-opens/) 28 March 2017 at the Wayback Machine, The Voice, 28 January 2016. 64. \"Walcott\" ( ARROWSMITH. Archived ( ve.org/web/20240221002224/ from the original on 21 February 2024. Retrieved 25 April 2024. 65. \"Donation Of Walcott Library To Library\" ( t.html) Archived ( _derek_walcott.html) 27 February 2020 at the Wayback Machine, Sir Arthur Lewis Community College, 30 January 2020. 66. Chidi, Sylvia Lovina (2004). The Greatest Black Achievers in History ( oks?id=lzjNBgAAQBAJ&pg=PA35). Lulu. pp. 34\u201337 9781291909333. Archived ( archive.org/web/20240808090900/ #v=onepage&q&f=false) from the original on 8 August 2024. Retrieved 5 April 2017. 67. \"2015 \u2013 Derek Walcott\" ( ward/derek-walcott/). Oakville, Ontario: The Griffin Trust for Excellence in Poetry. 3 June 2015. Archived ( and-poets/lifetime-recognition-award/derek-walcott/) from the original on 29 March 2017. Retrieved 5 April 2017. Abani, Chris. The myth of fingerprints: Signifying as displacement in Derek Walcott's \"Omeros\". University of Southern California, PhD dissertation. 2006. Abodunrin, Femi. \"The Muse of History: Derek Walcott and the Topos of {Un} naming in West Indian Writing\". Journal of West Indian Literature 7, no. 1 (1996): 54\u201377. Amany Abdelkahhar Aldardeer Ahmed, Amany. \"The Quest for a Cultural Identity in Derek Walcott's Another Life\". 57 \u0645\u062c\u0644\u0629 \u06a9\u0644\u064a\u0629 \u0627\u0622\u0644\u062f\u0627\u0628, no. 3 (2020): 101\u2013146. Baer, William, ed. Conversations with Derek Walcott. Jackson: University Press of Mississippi, 1996. Baugh, Edward, Derek Walcott. Cambridge: Cambridge University Press, 2006. Breslin, Paul, Nobody's Nation: Reading Derek Walcott. Chicago: University of Chicago Press, 2001 0-226-07426-9 Brown, Stewart, ed., The Art of Derek Walcott. Chester Springs, PA.: Dufour, 1991; Bridgend: Seren Books, 1992. Burnett, Paula, Derek Walcott: Politics and Poetics. Gainesville: University Press of Florida, 2001. Figueroa, John J. \"Some subtleties of the isle commentary on certain aspects of Derek Walcott's sonnet sequence. Tales of the Islands. (1976): 190\u2013228. Fumagalli, Maria Cristina, The Flight of the Vernacular: Seamus Heaney, Derek Walcott and the Impress of Dante. Amsterdam-New York: Rodopi, 2001. Further reading 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 16/18 Fumagalli, Maria Cristina, Agenda 39:1\u20133 (2002\u201303), Special Issue on Derek Walcott. Includes Derek Walcott's \"Epitaph for the Young\" (1949), republished here in its entirety. Goddard, Horace I. \"Untangling the thematic threads: Derek Walcott's poetry.\" Kola 21, no. 1 (2009): 120\u2013131. Goddard, Horace I. \"The Rediscovery of Ancestral Experience in Derek Walcott's Early Poetry.\" Kola 29, no. 2 (2017): 24\u201340. Hamner, Robert D., Derek Walcott. Updated edition. Twayne's World Authors Series 600. New York: Twayne, 1993. Izevbaye, D. S. \"The Exile and the Prodigal: Derek Walcott as West Indian Poet.\" Caribbean Quarterly 26, no. 1\u20132 (1980): 70\u201382. King, Bruce, Derek Walcott and West Indian Drama: \"Not Only a Playwright But a Company\": The Trinidad Theatre Workshop 1959\u20131993. Oxford: Clarendon Press, 1995. King, Bruce, Derek Walcott Caribbean Life. Oxford: Oxford University Press, 2000. Marks, Susan Jane. That terrible vowel, that I: autobiography and Derek Walcott's Another life. Master's thesis, University of Cape Town, 1989. McConnell, Justine (2023). Derek Walcott and the creation of a classical Caribbean. London: Bloomsbury Academic 9781474291521. M\u00fcller, Timo (2016). \"Forms of Exile: Experimental Self-Positioning in Postcolonial Caribbean Poetry\". Atlantic Studies. 13 (4): 457\u2013471. doi:10.1080/14788810.2016.1220790 ( 0.1080%2F14788810.2016.1220790). S2CID 152181840 ( D:152181840). Sarkar, Nirjhar (14 October 2019). \"Existence as self-making in Derek Walcott's The Sea at Dauphin\" ( Anthurium Caribbean Studies Journal. 14.2 (2018): 1\u201315. Sinnewe, Dirk :Divided to the Vein? Derek Walcott\u2018s drama and the formation of cultural Identities. K\u00f6nigshausen u. Neumann, Dec. 2001. Terada, Rei, Derek Walcott's Poetry: American Mimicry. Boston: Northeastern University Press, 1992. Thieme, John, Derek Walcott. Manchester: Manchester University Press, 1999. British Council writers' profile ( rarywriters.com/authors/?p=authC2D9C28A0a4dc1BE88LsX2F7F9A1), works listing, critical review Profile, poems written and audio ( d=7830) at Poetry Archive Profile and poems ( at Poetry Foundation Profile, poems audio and written ( Poetry of American Poets Profile and analysis ( Emory University Profile, interviews, articles, archive ( Prague Writers' Festival Edward Hirsch, \"Derek Walcott, The Art of Poetry No. 37\" ( s/2719/the-art-of-poetry-no-37-derek-walcott), The Paris Review, Winter 1986 Lannan Foundation Reading and Conversation With Glyn Maxwell ( derek-walcott-with-glyn-maxwell). November 2002 (audio). External links 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 17/18 Biography available in Saint Lucians and the Order of ( 0MNEGJEC) Appearances ( on Appearance on Desert Island Discs ( Radio 4, 9 June 1991 Derek Walcott ( on Nobelprize.org Retrieved from \" 2/22/25, 6:36 Derek Walcott - Wikipedia 1982%2C a Harvard sophomore,\"offensive sexual physical contact\". 18/18", "7363_105.pdf": "We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal year after the poet\u2019s death, I\u2019m reckoning with what know about his life, and how it intersects with mine EVERYTHING. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 1/18 n my final year as an undergraduate student chose to study the poetry of Derek Walcott for my dissertation. Mauritians of my generation often consider Walcott to be the greatest of all island poets; we\u2019ve adopted him as our own. No-one was ever so articulate in expressing the vicissitudes of our postcolonial selves. When read him for the first time remember feeling this intense joy, this peace that no matter what would write or fail to write, at least had these poems, these essays that paved the way, that taught me to be proud of being from a \u2018remote\u2019 island, and of writing from, for and about that island loved how understood his St. Lucian Cr\u00e9ole without a dictionary \u2014 it was so similar to ours got all the jokes felt like he was writing for me, for my hybrid people wrote the three famous verses from \u201cThe Schooner Flight\u201d on paper and blue-tacked it to my wall had a sound colonial education have Dutch, n***r, and English in me,/ and either I\u2019m nobody, or I\u2019m a nation. That was me (with some variations in ancestry \u2014 African, English, French, Indian). The same year that was writing my dissertation was sexually harassed by two members of the English department. The first had tried to openly flirt with me before an extra-curricular creative writing class (where he was also a student had apologized for any misunderstanding could have caused and entered the empty classroom; he rushed for me, sat next to me and tried to touch my feet with his without speaking. He was trembling thought it was all quite pathetic laughed \u201cthe event\u201d off the same evening, after having spent an hour locked in a bathroom, making sure he had left the building before did 15, 2018 Sign up for our newsletter to get submission announcements and stay on top of our best work 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 2/18 Then there was the professor, who implied one evening that his special interest in me was the reason why had obtained an incredibly high grade on a paper. He had been my mentor in many ways, an eminence in his field, a confidant, a father-figure far away from home \u2014 and roughly the same age as my father, too. It had made me uncomfortable, his way of greeting me by kissing my cheek, but had dismissed it as an old man\u2019s eccentricity. That evening he told me he would \u201cmake sure would always be \u201ctaken care of.\u201d He offered to drop me home, repeatedly, hoping, presuming sex had had the audacity to believe my mind was a gift, one nurtured by working harder than anyone knew. He was telling me it meant nothing. He broke me, a little bit went home and cried, and the next day picked up Omeros \u2014 because still had that dissertation to write, because reading it would bring me back home, because Walcott\u2019s long poem had become the dissertation\u2019s focus believed that it encapsulated his best poetry, that it stood as a complete manifesto of his ideas, as it were: the sea and forgetting, the postcolonial nation and its search for identity, the cauterising of History\u2019s wounds. Each verse was song; I\u2019d go read them again and again and each time new meanings, references would emerge, I\u2019d discover the precise music he\u2019d created in the composition of his diction, I\u2019d tap my fingers as he must have done to the rhythm that he seemed to have conjured straight from a Platonic form. The poem now unravelled and clung onto the beauty as firmly as could, since it was the only thing that kept me reading. It was clear now, clear as anything, the lacunae in Walcott\u2019s work remembered how the professor was friends with the poet; numerous literary conversations, a Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 3/18 trip to St. Lucia understood. They were both brilliant. They both looked at women the same way. Walcott\u2019s women in Omeros are described almost purely in terms of their bodies. The journey to understand one\u2019s identity, to grow, to heal \u2014 the Homeric epic of the self belongs to his men alone. Walcott\u2019s women in Omeros are described almost purely in terms of their bodies. The journey to understand one\u2019s identity, to grow, to heal \u2014 the Homeric epic of the self belongs to his men alone. Helen \u2014 a panther, St. Lucia, Helen of Troy, Circe \u2014 belongs to the text in the same way models are sometimes employed to decorate a room, to be contemplated as an aesthetic object. She is depthless, a fetish. She may be given characteristics\u2014 she has a temper, she is a thief, she is a businesswoman \u2014 but any attempt at introspection fails. She is always seen from the male gaze, which is why her face is always described as a \u201cmask.\u201d She is mysterious not because men fail to understand her, but because Walcott couldn\u2019t see her beyond her body, beyond symbol. These Helens are different creatures, / one marble, one ebony [\u2026] but each draws an elbow slowly over her face/ and offers the gift of her sculptured nakedness,/ parting her mouth fumbled around, attempted to contextualize the poem in front of me, make it less uncomfortable, more academic, rational. Misogyny may be a recurring pattern in his work argued to myself, but that didn\u2019t mean the man was a predator, or even consciously aware of his prejudice didn\u2019t know to what extent the man\u2019s writing was a reflection of his person \u2014 if anything, in fact, could be deduced from such a comparison. But there was something there \u2014 in my gut, since his work was now intestinal. There was a layer thrumming beneath and through the art, a layer of enormous, toxic, masculine power. One that declares: this is my island, these are my women Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 4/18 recalled a particular section of a piece written by Hilton Als, who had visited Walcott in St Lucia. \u201cHello, Mr. Walcott,\u201d the waitress said, approaching. She was young and pretty and thin, and was dressed in a skimpy piece of madras cloth. She reminded me of Walcott\u2019s Helen. Walcott turned away from her, mock dismissive. \u201cI\u2019m not speaking to you, you know,\u201d he said. \u201cOh! Mr. Walcott! Why?\u201d She seemed legitimately concerned. \u201cDodo!\u201d Sigrid said, chuckling, toying with her camera. \u201cYou\u2019re rude to me, you know,\u201d Walcott said to the young girl, who did not laugh. \u201cYou deserve lash! You want lash!\u201d Walcott pulled the girl over his knee and began to spank her. The girl squealed. Now she was laughing. Her fear had turned to relief. Walcott let the girl up. \u201cNow you\u2019re rude no more, huh?\u201d 00:00 02:08 Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 5/18 In February this year Als would say, in passing, that Walcott \u201cwas a terrible person; awful man.\u201d Walcott\u2019s toxic misogyny is his great failure as a person, as an artist, in his art, for all three are resolutely bound. His work is lacking. It is flawed. This is a moral and artistic analysis. Both are possible. That day Googled \u201cDerek Walcott Sexual Harassment Assault Misconduct We publish your favorite authors\u2014even the ones you haven't read yet. Get new fiction, essays, and poetry delivered to your inbox. Enter your email Walcott\u2019s toxic misogyny is his great failure as a person, as an artist, in his art, for all three are resolutely bound hadn\u2019t heard of the \u201cOxford Controversy\u201d before starting my dissertation. There is no mention of Walcott\u2019s behavior in any study of his work, though think remember one female critic mentioning how \u201chis\u201d women are almost always caricatures of sex, desire and beauty. It Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 6/18 was and probably still is a strict part of English literary criticism, this stark separation of the artist from his art. Writing this piece feels scandalous, improper, shameful, even am fighting four intense years of prestigious English academia, where was instructed that it would be tasteless to analyze art through the artist\u2019s life. Such a practice would be a return to an obsolete, pre-New-Critical epoch. As a student was the fiercest proponent of this instruction: reading art through biography requires a certain art, and not everyone is John Berger. Many such readings fail, in spectacular fashion had read too many poor essays that analyzed Sylvia Plath and David Foster Wallace solely in terms of their mental health. If were to draw anything from the artist\u2019s life it had to be in their own terms: their interviews, their own analysis of how the loss of a lover spawned such-and-such a poem was taught to take the artist at their word or not at all. Crossing that line assume, would have led to raised eyebrows: \u201cAre you Lacan?\u201d Psychoanalytic criticism, in fact, was taught as part of the Critical Theory module: if you chose to analyze a novel using psychoanalysis, you\u2019d have to make that very clear from the start, and then you\u2019d only use the material in the text to craft your essay. In the end, you\u2019d only be analyzing characters, symbols. Perhaps, as a conclusion, you would allude to the author\u2019s possible understanding of psychoanalysis that would have perhaps informed their work. You wouldn\u2019t connect the dots, as obvious as they were, to the author\u2019s personal life. Dismissing the biographical seems a little absurd to me, now Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 7/18 Can you separate the artist from his art? Art, when it is recognized, when it is bequeathed awards and shortlistings \u2014 and this recognition alone more often than not involves racial and sexual prejudice \u2014 elevates the artist, deifies them even, in this celebrity culture. The artist obtains privileged positions, events, deals, money, tenure. They exert even greater influence and power, as long as they continue to produce, as long as their talent remains intact or grows. This status enables the artist to continue producing art. The work and the person are indissoluble in this respect. The trampling and abuse of others along the way to artistic stardom (or once such stardom is obtained) is also indissoluble from the work of art. The trampling and abuse of others along the way to artistic stardom (or once such stardom is obtained) is indissoluble from the work of art. The artist and his art. The academic and his papers. The producer and his films. The writer and his fiction, poems, non-fiction. When Walcott died on March 17, 2017, the obituaries sometimes contained a little paragraph mentioning his \u201cOxford scandal.\u201d The \u201cscandal\u201d is a lesson in silencing. Walcott withdrew from the race to be elected Professor of Poetry at Oxford in 2009; he had done so on account of a so-called \u201canonymous letter-writing campaign.\u201d The \u201ccampaign\u201d was in fact a dossier, received by approximately 200 academics from a group of concerned students, which sought to bring forward the cases of sexual misconduct he had reaped over the years. Excerpts of The Lecherous Professor: Sexual Harassment on Campus by Billie Wright Dziech and Linda Weiner (a book published in 1984) were included in the dossier; these detailed the experience of a Harvard student with Walcott, where she recounted that Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 8/18 Walcott sexually harassed her. When she declined his advances, he gave her a grade and ignored her in class. Walcott accepted the facts of the case, but claimed that his teaching style was \u201cdeliberately personal and intense.\u201d He also, of course, slut-shamed her: he apparently had \u201csensed no reluctance [in the student] to pursue the topic of sexual relationships,\u201d since she had confided in him on a few personal matters. This opinion was shared by Harvard\u2019s dean of faculty, Henry Rosovsky. This case did nothing to stymie Walcott\u2019s winning the Nobel Prize in 1992. The dossier also contained the allegation made in 1996 by Nicole Niemi, who was a student at Boston University and a member of his creative writing class. Niemi stated that the poet threatened to stop the production of her play unless she slept with him. Walcott stifled these emerging artists\u2019 art, blackmailing their art for their bodies, their artist bodies. Meanwhile, he expects to be judged in terms of his art alone. Few are the ones to say that it is lacking. He may have elevated an island \u2014 many islands \u2014 and he may have given us islanders a voice, but he did it with a hand pressed to women\u2019s mouths. He may have given us islanders a voice, but he did it with a hand pressed to women\u2019s mouths. Walcott described the \u201ccampaign\u201d as a \u201clow and degrading attempt at character assassination.\u201d Many respected professors \u2014 female professors, such as Elleke Boehmer \u2014 expressed their dismay at the decision. \u201cHow many male professors of poetry of a certain age and generation can safely hold their hands up and say that they are entirely clear of any history of sexual harassment?\u201d Boehmer told a journalist, whose article ran the headline \u201cSmear campaign dogs Derek Walcott\u2019s bid for Oxford professor of poetry.\u201d That he would have had place to roam and continue his predatory behavior was not, it seems, cause for concern: he would \u201conly\u201d be giving grand public lectures, not teaching a course, and hence, it was to be concluded, students (and faculty members) would be generally safe from harm Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 9/18 Teach the art as separate from the artist, demands the culture, but revere the artist for his art. Say his art has nothing to do with the man, yet invite him in. Ruth Padel, who was chosen for the post, resigned after nine days. She was the one who had apparently alerted journalists to Walcott\u2019s misconduct and the letter campaign he was \u201cvictim\u201d to during the election process. She was criticized for using his misconduct as a means to get her way. Again, Walcott\u2019s sexual harassment wasn\u2019t the focus of many of the think pieces that emerged that year \u2014 that honor belonged to Padel\u2019s seemingly ruthless ambition. The journalist behind one of the pieces even felt bad that Walcott withdrew his candidature wasn\u2019t saying Walcott was a bad poet, just that he was a tiny bit creepy,\u201d he said. When told a few other members of staff about what happened with the men who harassed me was repeatedly told that had no grounds for complaint, since hadn\u2019t actually been touched or \u201cclearly violated\u201d in any way. \u201cI\u2019m also aware that Byron\u2019s life was not stainless, or T.S. Eliot\u2019s for that matter \u2014 would we turn them down? There are other aspects to the character than the sexual. These kinds of concerns are raised when you prioritize character over poetry, and if it came down to absolutely blameless characters, then surely no one could stand. This is political correctness on overdrive about something which happened so long ago.\u201d This is Boehmer again, in another article. Hermione Lee, another professor at Oxford who supported Walcott\u2019s nomination, said that Walcott\u2019s \u201cunorthodox life\u201d should have nothing to do with his job Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 10/18 \u201cShould great poets who behave badly be locked away from social interaction? We are acting as purveyors of poetry, not of chastity.\u201d Professor Boehmer and Dame Lee. There was a time when would have given almost anything to be taught by them. Teach the art as separate from the artist, demands the culture, but revere the artist for his art. Boehmer and Lee\u2019s arguments are ridiculously flawed. Reading Walcott safely away from Walcott is one thing; having a man openly accused of sexual assault around campus is another. It is shocking that sexual assault is willingly conflated with other aspects of \u201cblame\u201d \u2014 that a man\u2019s abuse of power, his harassment, his assaults are somehow the same as, say, one man\u2019s moral failure to support his best friend in a crisis. Repeatedly see this same kind of resigned historical fatalism, that what these men have done they will continue to do in perpetuum. To evoke history as an argument is a perfect example of bad faith, of being so wilfully blind that one cannot accept progress. Progress will come, in the form of legislation, accountability. It\u2019s already started. Walcott\u2019s \u201cOxford controversy\u201d occurred a decade or so ago. Stars of academia lauded across the world, accused of rape, harassment, abuse, are still safe in their magisterial tenure: Harold Bloom, Franco Moretti wonder about some of the writers employed in universities, in creative writing programs wonder what they\u2019ve done, what they\u2019re doing. There is no glory in taking care of your university, its students, and other members of faculty by dismissing a predator-professor. There should be. There is the belief that once a member of staff \u201cbehaves badly\u201d and is made to leave, the institution will suffer as a result \u2014 whether the Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 11/18 institution is a university, a magazine or review, a newspaper. The irremediable loss of a prestigious name, perhaps an institution in themselves. Underlying and concomitant to this is the belief that once a so-called genius is castigated, his genius will somehow be inhibited, and that this in turn would be terribly detrimental to arts and letters around the world. There is no glory in taking care of your university, its students, and other members of faculty by dismissing a predator-professor. There should be. Support predators, for they are the bastions of culture. My own experience let me to believe that nothing that could say mattered, that the men in question couldn\u2019t be touched, and that if were to aspire to academia, one day, then would have to have the department on my side the day applied for a job, which clearly wouldn\u2019t get if had angered them in my refusal to be quiet. I\u2019d like to point out that there were supportive voices, immensely helpful professors who talked to about this: they looked at anonymous complaint procedures for me, thought about ways could take action, but was so terrified back then that did nothing. What should make of Walcott\u2019s work, now no longer author-worship no longer view his poems and essays as quasi-sacred tracts. In order to write this piece had to delve back into Omeros, Another Life, his Collected Poems, his essays, some of his plays. If read him again, after this essay is done, I\u2019ll probably read him as a poet in his time, though won\u2019t let time excuse him; read what he did with language, with voice, without forgetting all those he silenced, find out if these voices published any creative work, read them, read them alongside him, read them alone Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 12/18 Read him alongside other poets and writers of the Caribbean: he was so predominant in my life partly because he was one of the only Caribbean writers taught in the three or four lectures on postcolonialism at university. Yet the region is abundant with talent: Edwige Danticat, Kamau Brathwaite, Jamaica Kincaid, Linton Kwesi Johnson, Gabrielle Bellot. Maybe just read them alone. Read him alongside other poets and writers of the Caribbean. Maybe just read them alone. When I\u2019m able to read Walcott at such a remove, then maybe then I\u2019ll take what find to be true and useful in his words and in his technique and separate the artist from his art at last, even though that act may seem deeply disingenuous. But not yet. Perhaps, of course won\u2019t touch his books again at all. This may be the last time ever read Omeros: there it sits as type, lilac cover with Walcott\u2019s name in lurid yellow, the title in red. Some designer\u2019s nod to the Caribbean sunset, perhaps am about to shelve it. This time, for this last reading of mine, my lips were no longer slightly open in wonder took no pleasure in his verse. There is no marvel left; disgust has seared every page, disgust like one of Francis Bacon\u2019s grotesque men, screaming write my island into literature, away and separate from him. About the Author Editor-in-chief of Transect Mag, fiction editor of The Bare Life Review Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 13/18 Why We Still Need Aunt Beast The gentle alien doesn\u2019t show up in the film of Wrinkle in Time,\u2019 but she was crucial to the book\u2014 and the misfit girls who loved it 15 Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 14/18 Excavating My Sexual History as a Party Trick \u201cCircles, Triangles, Squares\u201d by Charlie Sorrenson, recommended by Halimah Marcus for Electric Literature 28 Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 15/18 Why Am Still Attracted to White Men? It doesn't make me feel more secure in relationships to know share physical features with men of my own race 13 - JENE\u00c9 Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 16/18 Fictionalizing My Life to Make It Livable \u201cAll Stories\u201d by Kevin Wilson, recommended by the Michigan Quarterly Review 17 Contribute to Electric Lit Help keep the lights on Support our mission to make literature more exciting, relevant, and inclusive Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 17/18 Electric Literature is a 501(c)(3) non-profit organization founded in 2009. Our mission is to amplify the power of storytelling with digital innovation, and to ensure that literature remains a vibrant presence in popular culture by supporting writers, embracing new technologies, and building community to broaden the audience for literature Sign up for our newsletter to get submission announcements and stay on top of our best work. 2/22/25, 6:36 We Need to Talk About Derek Walcott\u2019s Sexual Harassment Scandal - Electric Literature 18/18", "7363_106.pdf": "Speak Easy Derek Walcott\u2019s sexual harassment problem, and ours By Jonathan Zimmerman \u00b7 March 23, 2017 The recipient of the 1992 Nobel Prize in Literature Derek Walcott is shown at a 2014 press conference in Mexico City Photo/ Berenice Bautista, file) k In 2009, the Nobel Laureate Derek Walcott withdrew his name from consideration for the b q Listen Live \u2022 Living on Earth 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 1/8 honorary position of professor of poetry at Oxford University. The professorship went instead to Ruth Padel, who had tipped off reporters to charges that Walcott sexually harassed a student more than three decades earlier. Roundly condemned for submarining her rival, Padel resigned just nine days into her tenure. But Walcott\u2019s behavior had been chronicled at length in the American press back in the 1980s and also in a 1984 book called \u201cThe Lecherous Professor,\u201d which Padel referenced in her email to British journalists. What changed between then and now was the way we regard sexual harassment, especially at our universities. Walcott, who died at his home in St. Lucia on Friday, was a visiting professor at Harvard when he took a female undergraduate in his poetry class out for coffee in the fall of 1981. As recounted in \u201cThe Lecherous Professor,\u201d Walcott asked her how she made love with her boyfriend. \u201cWhy should tell you?\u201d she answered. \u201cIt\u2019s none of your business.\u201d Then Walcott asked her to imagine having sex with him. \u201cWould you make love with me if asked you?\u201d he asked. \u201cNo. No way,\u201d the student replied. \u201cYou\u2019re married. Don\u2019t you love your wife?\u201d Walcott, who was married three times, replied that love \u201chas nothing to do with lust.\u201d He asked the student if she would ever change her mind, and she said no. She told her advisor, who instructed her to write Walcott a note asking him not to repeat his advances. After she did that, Walcott\u2019s behavior towards her changed. He was curt and highly critical of her work, giving her a \u201cC\u201d for the course at the end of the semester. The student recounted these events in a letter to Harvard assistant dean Marlyn Lewis, who later thanks our sponsors \u2014 become a sponsor 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 2/8 replied that the school had reviewed the complaint and \u201cfound it to have merit.\u201d She also reported that Harvard had \u201ctaken formal action\u201d against Walcott, which she did not describe. But Lewis gently chided the student, too, in ways that speak volumes about notions of sexual power and responsibility at the time. Lewis noted that she had spoken with Walcott, who reported that the student had frequently discussed \u201cthe topic of sexual relationships\u201d and that the episode in question \u201cwas the first indication\u201d that the student didn\u2019t \u201cwelcome\u201d such talk think this last point is worth some careful reflection,\u201d Lewis wrote to the student. \u201cEven in a teacher-student relationship, in which the burden of professional restraint must be with the teacher, the behavior of the student is likely to have some effect upon that of the teacher.\u201d If the student hadn\u2019t previously shared details of her \u201cpersonal life\u201d with Walcott, the dean continued, she \u201cmight have avoided the discomfort\u201d she suffered later. \u201cAlthough hindsight cannot alter what has occurred,\u201d Lewis concluded, \u201cit should be possible to learn some useful lessons from this painful experience.\u201d The dean was right, although perhaps not in the ways she intended. One important lesson is that sexual harassment by professors was often blamed on students; another is that the professors could get away with it, with only the slightest penalties. Walcott received a formal reprimand from Harvard, which informed Boston University \u2014 his full-time employer \u2014 about the episode; he was also required to write a letter of apology to the student. That\u2019s it. But sexual harassers rarely stop with one victim few years later, a graduate student charged that Walcott threatened to block the production of a play she had written unless he slept with her. University officials defended Walcott, insisting that his behavior was part of his teaching strategy. The student sued the university, which eventually paid her an unspecified sum. Walcott continued to teach there for another decade. Ruth Padel was a victim, too, albeit of a different sort. Critics blamed her for ratting out Walcott, even though a quick Google search would have revealed a long paper trail documenting his behavior. Walcott\u2019s transgressions weren\u2019t the fault of Padel, or of the students he harassed; they were his fault, and his alone. But the rest of us simply didn\u2019t care enough about the problem to let it affect our estimation of him. And the problem continues, of course. Last year, an Associated Press survey of 539 graduate students at a large American public university found that over one-third of female graduate students reported experiencing sexual harassment from faculty or staff. And documents released by the University of California-Berkeley showed that 19 employees\u2014including six faculty 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 3/8 Share this Brought to you by Speak Easy Speak Easy Thoughtful essays, commentaries, and opinions on current events, ideas, and life in the Philadelphia region. You may also like members\u2014had been found to have sexually harassed students since 2011. The report came on the heels of high-profile sexual harassment charges against Cal-Berkeley\u2019s law school dean and assistant basketball coach, who both resigned. So did prominent Berkeley astronomer Geoffrey Marcy, following complaints by other professors that the school hadn\u2019t penalized him severely enough for harassing female students. I\u2019d like to think that Derek Walcott would be forced to resign from his teaching post, too, if he tried his old tricks today. The people who hired Walcott knew what he was doing back in the 1980s, and they slapped him on the wrist instead of calling him to the carpet. But no professor has the right to proposition his students or to threaten them if they refuse his advances. Not even if he has a Nobel Prize. \u2014 Jonathan Zimmerman teaches education and history at the University of Pennsylvania. He is the author of \u201cCampus Politics: What Everyone Needs to Know\u201d (Oxford University Press is your source for fact-based, in-depth journalism and information. As a nonprofit organization, we rely on financial support from readers like you. Please give today Lawyers fight for everyday women bringing #MeToo a b d 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 4/8 Lawyers fight for everyday women bringing #MeToo complaints The Times Up fund, administered by the National Women's Law Center, has received more than 3,670 requests for assistance and has funded 160 cases via $24 million donations. 5 years ago Pa. lawmakers battle sexual misconduct with bill to ban settlement secrecy Pa. Sen. Judy Schwank, D-Reading, has introduced a bill to ban nondisclosure agreements in sexual misconduct settlements. 7 years ago Why so few women of color in the wave of accusers? \u2018Stakes higher\u2019 In the weeks since dozens of women have accused movie mogul Harvey Weinstein of rape or harassment, women and men of color have been largely absent from the national furor. 7 years ago About Jonathan Zimmerman Read more 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 5/8 Latest News Want a digest of WHYY\u2019s programs, events & stories? Sign up for our weekly newsletter thanks our sponsors \u2014 become a sponsor thanks our sponsors \u2014 become a sponsor Many Gen Zers deal with higher rates of mental health challenges and firearm suicides, according to a new report 2 hours ago Quincea\u00f1era Expo returns to Delaware celebration of culture, community and Latina empowerment 2 hours ago Rehoboth commissioners vote against $20M wastewater partnership 11 hours ago Enter your email here Report Ad 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 6/8 Together we can reach 100% of WHYY\u2019s fiscal year goal provides trustworthy, fact-based, local news and information and world-class entertainment to everyone in our community offers a voice to those not heard, a platform to share everyone\u2019s stories, a foundation to empower early and lifelong learners and a trusted space for unbiased news. Learn more about Social Responsibility at WHYY. It\u2019s how we live. Contact Us Philadelphia 215.351.1200 [email protected] Delaware 302.516.7506 [email protected] y Subscribe 59% Donate i Learn about Member benefits i Ways to Donate 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 7/8 Our Programs Albie\u2019s Elevator Art Outside Billy Penn Check, Please! Philly The Connection Delishtory Flicks Fresh Air Good Souls The Infinite Art Hunt Movers & Makers On Stage at Curtis Peak Travel Philadelphia Revealed PlanPhilly The Pulse Schooled The Statue Stop and Frisk: Revisit or Resist Studio 2 Things To Do Voices in the Family News Climate Desk You Oughta Know Young Creators Studio Young, Unhoused and Unseen Your Democracy Inside About Meet Our Newsroom Employment Lifelong Learning Award N.I.C.E. Initiative Contact Us Sponsorship Directions Public Files Applications Follow Us Sign up for a Newsletter i Privacy Policy Terms of Use for WHYY.org is partnered with a b \ued46 e 2/22/25, 6:36 Derek Walcott's sexual harassment problem, and ours 8/8", "7363_107.pdf": "Nobel winner quits Oxford poetry race over sex claims 12 2012 Nobel Laureate Derek Walcott has quit the race to become Oxford Professor of Poetry after becoming embroiled in a sex smear campaign. 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 1/7 Walcott, the front-runner for the post, announced today to the Evening Standard his decision to stand down as a candidate. 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 2/7 His withdrawal follows a campaign against him before Saturday's election. Documents including an allegation of sexual harassment dating back to 1982 were sent anonymously to Oxford academics who, with graduates, vote on the position. Walcott, 79, said withdraw from the election to be Professor of Poetry at Oxford am disappointed that such low tactics have been used in this election and do not want to get into a race for a post where it causes embarrassment to those who have chosen to support me for the role, or to myself already have a great many work commitments and while was happy to be put forward for the post, if it has degenerated into a low and degrading attempt at character assassination do not want to be part of it.\" His departure from the election leaves his rival, Ruth Padel, as clear favourite to be voted to the chair of poetry. The London poet, visibly upset by Walcott's Katy Perry Buys Los Angeles Penthouse for $11 Million Mansion Global 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 3/7 decision to quit, today dismissed any suggestion that she or her supporters were responsible for the campaign against him. She told the Standard: \"This is dreadful. My proposers are devastated because they have bent over backwards to run a clean campaign. On the one hand sexual harassment is horrible, but he is a very good poet and he has been humiliated. As a poet, he's a colleague and don't like to see poets humiliated.\" Later Padel issued a statement declaring have no idea who the people are who did it. But feel should point out that what they did was not a smear ... The papers they sent out were published fact. What would be a smear would be to say my campaigners sent them, because that would be untrue.\" Two hundred academics received the dossier detailing the sexual harassment claim against Walcott, prompting his supporters to express dismay at the \"gutter tactics\". The dossier included pages from a book The Lecherous Professor: Sexual Harassment on Campus, by Billie Wright Dziech and Linda Weiner, which details the allegation made by a Harvard student. It was alleged that while discussing her work, he asked her to \"imagine me making love to you\". After his alleged approaches were rejected, the student was given a grade. Walcott said: \"What happened 20 years ago have never commented upon and have never given my side of what happened. That will continue to be the case.\" Awarded the Nobel Prize for Literature in 1992, he is often described as the West Indies' greatest writer and intellectual. Born in St Lucia, the father-of-three is a national hero who has a square named after him in his home town of Castries. 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 4/7 His many fans include Barack Obama, who was photographed clutching a book of Walcott's poems three days after winning the presidential election. Walcott had been backed for the Oxford post by novelist Alan Hollinghurst, poet Jenny Joseph and feminist author and Oxford don Hermione Lee. His withdrawal leaves academics to vote on two candidates \u2014 Padel, and the little- known Indian poet Arvind Krishna Mehrotra, 62. He is professor of English at the University of Allahabad, where he has taught since 1968. His backers, including Tariq Ali and Toby Litt, have described him as \"one of the finest poets working in any language\". Walcott appeared to support Padel in the election. He said today: \"Ruth Padel is a gifted poet who will make a great Professor of Poetry and look forward to hearing or reading her lectures, if she is elected.\" The post is arguably more influential than the poet laureateship. Walcott's withdrawal makes it likely that women will now hold the two most prestigious poetry posts in the country following Carol Ann Duffy's appointment as poet laureate earlier this month. The Oxford post comes with a nominal annual stipend of \u00a36,901 and a requirement to give three lectures a year during the five- year tenure. Oxford has no formal creative writing course, meaning its supporters maintain the post is particularly important. Past holders have included Auden, Paul Muldoon and Seamus Heaney. 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 5/7 Walcott was a frequent visitor to Oxford when his friend Heaney had the job. Professor Lee proposed that Walcott should stand Have your say 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 6/7 The London Standard Archive All Topics All Authors Newsletters Terms of use Contact Us Modern Slavery Act Syndication Privacy Notice Privacy Options Cookie Policy Code of conduct and complaints Advertisers Promotion Rules Contributors London Live The Independent The Independent indy100 2/22/25, 6:36 Nobel winner quits Oxford poetry race over sex claims \| London Evening Standard \| The Standard 7/7", "7363_108.pdf": "Derek Walcott. Photograph: Eloy Alonso/Reuters Oxford professor of poetry This article is more than 15 years old Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry Anonymous letters to electors revive allegations of sexual harassment against Nobel laureate Alison Flood Mon 11 May 2009 16.00 Documents highlighting allegations of sexual harassment against Nobel laureate Derek Walcott have been sent anonymously to Oxford academics in an attempt to influence next weekend's election of Oxford's professor of poetry. Walcott is one of three candidates in the running for the position, the most influential in poetry behind the poet laureateship. Backed by Booker winner Alan Hollinghurst, fellow poet Jenny Joseph, Marina Warner, Graham Robb 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 1/7 and Professor Hermione Lee, Walcott has been considered the front runner for the position, ahead of Ruth Padel (who is supported by names including Victoria Glendinning Grayling and laureate Carol Ann Duffy) and the little-known Indian poet Arvind Krishna Mehrotra. With the position voted for by Oxford graduates on 16 May, the smear campaign \u2013 which saw between 50 and 100 Oxford academics sent photocopied pages from a book detailing an accusation of sexual harassment made by a student in 1982 against Walcott \u2013 appears to be intended to derail Walcott's campaign for the professorship. The pages from The Lecherous Professor: Sexual Harassment on Campus by Billie Wright Dziech and Linda Weiner recount the details of a sexual harassment claim made by a Harvard student against Walcott. The student alleged that while discussing her work with Walcott after class, he asked her to \"imagine me making love to you. What would do? ... Would you make love with me if asked you?\" After rejecting his approaches, she was then given a grade in his class. Harvard reprimanded Walcott after reviewing the case, and required him to write an apology to the student; he said that his teaching style was \"deliberately personal and intense\", and that he had \"sensed no reluctance [in the student] to pursue the topic of sexual relationships\". Sent anonymously, and postmarked London, the documents are thought to be part of a speculative campaign by a group of concerned students, according to Oxford English professor Elleke Boehmer, one of Walcott's supporters to have received the package. Walcott's rival for the post, Padel, said she had \"nothing to do with it love Walcott's work, I've written about it as a critic and learned from it as a poet. We all do; he is an important poet for British poetry,\" she said this morning. Padel \u2013 like Walcott's campaigners \u2013 expressed regret that the attack on Walcott's past was detracting from the \"role poetry can play in a place of learning\". She added: \"An Oxford friend of mine, who happens to be supporting Walcott, said: 'This is one of the few occasions on [which] three poets are standing against each other who would offer the students interestingly different things.' That's where the debate should have gone wish it had stayed there.\" Walcott, who won the prize for literature in 1992, was also sued for sexual harassment in 1995 by a Boston University student. The case was settled. Professor Oliver Taplin, a fellow of Magdalen College and a supporter of Walcott, pointed out that the poet and playwright \"is nearly 80, and that this 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 2/7 is a last chance to hear lectures by one of the greatest poets of our time while ago read up the account of the allegations in Bruce King's big biography,\" he said. \"As recall, he pointed out that none of them had ever been officially proven, but reckoned that Walcott had not always been coolly sensible.\" Dr Nicholas Shrimpton, an Oxford English lecturer from Lady Margaret Hall and also a Walcott supporter, said the key point was that the Nobel prize winner would \"be coming here to give grand public lectures, not to teach students in examined courses. So there's no question of potential danger and the issue is simply a reputational one - which doesn't seem to me to be relevant to his standing as a poet. The view that in order to be a good artist you have to be a good person was strongly held in the 1830s and 40s don't think we've heard very much of it since.\" Boehmer said she felt that despite the smear campaign the election should go ahead, and \"may the best poet win\". \"Though am happy to call myself a feminist do not need to be an issue-driven reader support Walcott's work not because find it politically correct to do so ... but because would want to vote for the poet whose work most moves and delights me as poetry,\" she said, adding that the charges against Walcott refer to incidents over 14 and 26 years ago. \"How many male professors of poetry of a certain age and generation can safely hold their hands up and say that they are entirely clear of any history of sexual harassment?\" she said. Boehmer said she was aware of the concerns of those who felt that Walcott should be precluded from the position, but \"I'm also aware that Byron's life was not stainless, or Eliot's for that matter \u2013 would we turn them down? There are other aspects to the character than the sexual. These kinds of concerns are raised when you prioritise character over poetry, and if it came down to absolutely blameless characters, then surely no one could stand. This is political correctness on overdrive about something which happened so long ago. There comes a time in anyone's life or career, no matter their peccadilloes in the past, when sufficient time has passed for atonement to have been accomplished. You can't reduce poetry to a character contest.\" There were now plans in place, she added, for students to schedule an impromptu poetry reading before the election, \"to draw the focus back to the all important question, which is the quality [of the candidate's writing spokesperson for Oxford University said: \"The press office will not comment on gossip and innuendo related to any potential postholder at the 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 3/7 Most viewed University. We are confident that the electorate are able to reach their own decision independently on election day, without any outside interference.\" 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 4/7 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 5/7 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 6/7 2/22/25, 6:36 Smear campaign dogs Derek Walcott's bid for Oxford professor of poetry \| Oxford professor of poetry \| The Guardian 7/7"}
7,847	William B. Ershler	University of Wisconsin ‚Äì Madison	[ "7847_101.pdf" ]	{"7847_101.pdf": "DATE: Saturday, March 1, 1997 TAG: 9703010275 PAGE: A1 LENGTH: 136 lines The University of Wisconsin-Madison has agreed to pay $390,000 to settle a sexual harassment suit prompted by the alleged actions of Dr. William B. Ershler, a respected researcher who abruptly stepped down this week from his post at Eastern Virginia Medical School. Ershler, 48, says he told officials about the allegations before they hired him from Wisconsin last year. How much they knew is unclear officials have declined to comment about the reasons for Ershler's departure as head of the new Glennan Center for Geriatrics and Gerontology. On Friday, the school announced in a written release that Stefan Gravenstein, a doctor who came with Ershler from the University of Wisconsin, has been named interim director of the Glennan Center. The suit was filed against the University of Wisconsin by a woman who worked for Ershler when he headed the university's Institute on Aging. Ershler denies that he sexually harassed the woman and has claimed that sex was consensual. The lawsuit is dated April 4, 1996, about three weeks before announced that Ershler had been hired. Dr. Xing-Gu Lu, a 36-year-old Chinese immigrant who worked for Ershler as a research specialist, claims he forced her to have sex by implying that he could affect her ability to hold her job, according to the lawsuit. Her lawyer says she was afraid she could lose her visa if she didn't do what Ershler wanted. Lu alleged that she performed oral sex on him, and had intercourse with him about twice a week, according to an article in the Wisconsin State Journal based on court documents in the case. The University of Wisconsin settled the case last week, one day before trial was to begin. The settlement and details about the alleged harassment from court documents were reported in Wisconsin newspapers. University of Wisconsin officials confirmed that the university's chancellor was trying to fire Ershler when the doctor accepted the job in Norfolk last April. But Wisconsin administrators have not said whether they believe the relationship between Ershler and Lu was consensual or forced. The chancellor never determined whether sexual harassment had occurred, said Casey Nagy, executive assistant to the provost at Wisconsin. Nagy says Ershler was pressed to leave primarily because he violated a university policy that requires employees to report any sexual relationships with subordinates administrators have declined to be interviewed about the case. In a prepared statement president Edward E. Brickell said, ``We knew there were certain allegations. We investigated, and we were assured that everything was in order.'' 2/22/25, 6:37 1/3 Ershler's hiring was a major accomplishment for the Norfolk medical school. He was wooed by major programs, according to the doctor who replaced him at Wisconsin. But he decided to come to Norfolk as the first director of the new Glennan Center had a true sense of warmth and `family' at and hoped that my presence would make a difference here,'' Ershler wrote in a statement given to The Virginian-Pilot Friday night. He declined to be interviewed further. He brought prestige to the school's fledgling geriatrics center, as well as a $1.5 million federal grant to study osteoporosis. He also lured several colleagues from Wisconsin to work here. Nagy says knew about the university investigation when Ershler was hired. Before offered him the job, Norfolk administrators called Wisconsin leaders to discuss the situation, Nagy said, although he said he can't remember who from did the investigation. Nagy couldn't say how much detail leaders were given, since Wisconsin's administrators hadn't made a judgment on the allegations. ``They certainly would not have been told that we believe he engaged in sexual harassment,'' Nagy said. In Ershler's statement, he said he was honest with officials during the interviewing process, even having his lawyer write them a letter detailing the situation. ``The important details of the claim and the likely legal consequences were provided to those recruiting me at EVMS,'' he wrote. ``And am aware that several phone calls inquiring about this and about my personal integrity were made to the University of Wisconsin had good reason to want Ershler for the new Glennan Center, which had been started with a $2 million gift from a Virginia Beach resident. Ershler had an excellent reputation nationally, said Dr. Molly Carnes, an associate professor at the University of Wisconsin-Madison and the acting director of Wisconsin's geriatrics program since Ershler left. ``He's really a wonderful leader,'' Carnes said. ``He's very charismatic, very bright, very creative, very hard working. We already had a very strong base of geriatrics when he came here, but he helped to build the program a lot.'' Carnes said Ershler was repeatedly ranked as one of the top 10 geriatrics specialists in the nation by journals in that field and was highly sought after by other programs. Lu worked for him for several years, according to the lawsuit. Lu was a physician in China, but she was not certified to practice in the United States, so she had taken a job below her training, as a research specialist at the Institute of Aging, said Michael Fox, one of the Madison lawyers who represented her. Her husband had not yet come from China to join her, and she was not fluent in English, Fox said. The suit says Ershler, who was and still is married, first began making advances to Lu around November 1994. The advances were ``unwelcome,'' the suit says. But ``he had indicated to her, in relation to the sexual encounter, that she should please her boss and want to please her boss,'' said Fox. She was afraid that if she refused, she would put her job in jeopardy, and thus endanger her ability to stay in the United States, he said. ``Having employment here was an asset to her ability to stay,'' Fox said. In August 1995, Lu complained to the university's affirmative action office, said Susan H. Trebach, the university's news director. The university launched an investigation, and Ershler lost his director post the next month, although he continued as a professor. Lu was transferred to a job elsewhere in the university. In early October 1995, Chancellor David Ward sent Ershler a letter saying he would seek Ershler's dismissal, said Trebach. Two weeks later, she said, Ershler responded that he would appeal Ward's decision. During the investigation, Ershler said in his statement to The Pilot honestly and openly provided other details of what was a troubled period in my life.'' But when he faced the prospect of disciplinary hearing, he said was so ashamed to have that information reviewed by a committee of faculty colleagues that elected to find a position elsewhere.'' He had become the frontrunner for the job several months before the suit was filed in April 1996. The University of Wisconsin's appeal process was canceled when Ershler left to come to Norfolk, said Trebach. 2/22/25, 6:37 2/3 The university, which as Ershler's employer was named the defendant in the lawsuit, agreed to a settlement last Monday. Nagy said the university was not admitting wrongdoing, and administrators decided to settle as a strategic move - the chance of even greater penalties was too high if a jury believed Lu. And Ershler, who was not named in the suit, said he regrets the settlement, since he will lose his ability to clear his name was never allowed to defend myself,'' he said. MEMO: Staff writer Tony Wharton and news researcher Diana Diehl contributed to this story. ILLUSTRATION: [Color Photo] Dr. William B. Ershler abruptly stepped down this week from his post at EVMS. Send Suggestions or Comments to [email protected] by 2/22/25, 6:37 3/3"}
7,235	Steve Kirby	Berklee College of Music	[ "7235_101.pdf", "7235_102.pdf", "7235_103.pdf", "7235_104.pdf", "7235_105.pdf", "7235_106.pdf", "7235_107.pdf" ]	{"7235_101.pdf": "Manitoba Investigates Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints Berklee reveals Kirby\u2019s \u2018termination\u2019 at public forum on campus Katie Nicholson News \u00b7 Posted: Nov 16, 2017 5:00 \| Last Updated: November 16, 2017 The University of Manitoba said jazz professor Steve Kirby retired in late June, after being on leave for six months. He has now been fired from his position at Boston's Berklee College. (CBC) Steve Kirby has been terminated from his job at Berklee College of Music after a number of University of Manitoba students and former students told the Boston-based college they had been harassed by the jazz professor during his time at the of M. \"The burden of work has been placed on our shoulders,\" said a former of jazz student is calling Nancy. Over the course of its investigation has spoken with a number of the complainants. Because of the nature of the allegations we are protecting their identities. At a public forum with students in Boston on Monday, Berklee administrators told the audience Kirby had been on administrative leave since the college learned of sexual Menu Search Sign In 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 1/7 harassment allegations against him from Manitoba and that \"he has since been terminated from our community Female students allege sexual misconduct against former of Manitoba jazz prof Steve Kirby Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba Video of the student forum in Boston has been posted via social media. Neither Berklee College nor Steve Kirby have responded to requests from News for further information. The University of Manitoba has previously said Kirby, who taught jazz with the university's school of music, retired in late June after being on leave for six months.\u200b 'Burden of work' left to complainants Citing provincial privacy legislation, the University of Manitoba would not tell Berklee College about its sexual harassment investigation involving Kirby, prompting many of his alleged victims to contact Berklee themselves. \"Putting the burden of work on victims' shoulders, victims who are sorting through their own trauma, who are dealing with their own situation, their own lives that have been affected by this \u2014 putting that burden of work on those students is abominable to me,\" said Nancy has confirmed at least six of the women involved in a February 2017 complaint against Kirby independently contacted Berklee College, and communicated their concerns and the university investigator's conclusions. Steve Kirby has been terminated from his job at Berklee College of Music after a number of University of Manitoba students and former students told the Boston-based college they had been harassed by the jazz Jazz prof Steve Kirby fired from Berklee College 7 years ago 4:20 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 2/7 professor during his time at the of M. The University of Manitoba's internal reports from last June detailed allegations of inappropriate comments, sexually explicit analogies, unwanted and lingering touching, long unwanted hugs and intimate ear-whispering. In reports reviewed by CBC, the investigator concluded all of the allegations had merit and that Kirby's alleged behaviour constituted \"sexual harassment\" and would have created an \"intimidating, humiliating or offensive work or learning environment\" for female students. Although repeated attempts by News to reach Kirby have been unsuccessful, in the university's internal investigation report, he \"denies all claims made of any sexual innuendo or outright sexual approaches of gave positive reference check for former prof accused of sexual harassment: Berklee College of students demand changes to school's harassment policy after Steve Kirby allegations The women at the heart of the internal sexual harassment investigation into Kirby's conduct say the province's flawed privacy laws forced them to contact, and warn, his new employer. The University of Manitoba told it cannot share the details of internal investigations about staff because of provincial legislation. Both the Freedom of Information and Protection of Privacy Act (FIPPA) and Workplace Health and Safety rules prohibit the university from sharing the information, the university said. \"The university is not able to proactively disclose information about investigations to external third parties. This would be a breach of legislation, including privacy and workplace, safety and health,\" the university's executive director of public affairs, John Danakas, said in a statement to in September 'safety clause' allows wiggle room But there is some wiggle room within the existing legislation. \"Disclosures are permitted under specific circumstances, where disclosure is necessary to protect the safety of any individual or group of individuals,\" said Cathy Cox, the provincial minister responsible for FIPPA, in a statement to CBC. So when Berklee started looking into the matter, why didn't the University of Manitoba enact the \"safety\" clause and share its internal investigation findings with Berklee College? 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 3/7 \"Most experts will explain that the safety clause requires a high onus to demonstrate 'imminent danger,' as it involves taking away an individual's inherent right to privacy,\" Danakas explained in an email. \"Even the police only use those sections on occasion when a person, for example, is released from prison and deemed likely to reoffend.\" 'They didn't believe that we were in danger' \"It shows that they didn't quite take it seriously enough. They didn't believe that we were in danger,\" said a woman is calling Krista, another student who took her concerns both to the university and to Winnipeg police. \"Physically, the women were in danger. Some physicality happened. Mentally, we were all impacted. We were all damaged and in danger,\" Krista said. \"Our self-worth was gone. Our belief in our self was gone.\u2026 Our passion was gone. Women were so torn apart by this.\" Krista said she's angry the university didn't use the safety exemption in to share its investigation with Berklee. \"It doesn't look like they did this to support their students, to stop something that was wrong.\u2026 They did this to cover their butts,\" Krista said. \"The university takes matters concerning sexual harassment very seriously and abides by legal guidelines in the sharing of any information,\" Danakas countered. 'Be loud with your opinions' The students say since the news of the investigation broke this fall, many in the Winnipeg music and university communities have approached them and asked how they can help. \"The only thing would hope for from the public \u2014 and from this community and society \u2014 is to respect the privacy and understand, and work towards, protecting our young women,\" Krista said. \"What does that look like? That is speaking to the government about provincial laws, writing letters, writing petitions,\" she said. 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 4/7 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations Make sexual harassment training mandatory at of M, says advocate \"Put your opinions forward to the university, to the government about the privacy laws. If you feel unsafe or unhappy with the university and how they've conducted themselves, let them know \u2014 schedule meetings, write to them,\" Krista said. \"Be loud with your opinions.\" Krista is the second woman who told that she has filed a report to police about Kirby's alleged conduct. Internal change needed The women say change isn't needed only at the provincial level \u2014 it's needed within the university as well think there's a big lack of education at the university, within the university staff,\" said Nancy want to believe that had they been better educated about this, they would have made better choices,\" she said. \"And it's a problem when the staff at the university is not trained to know when someone is coming forward speaking to you about abuse that they are experiencing, it is likely the tip of the iceberg of Manitoba seeks feedback on sexual harassment policy of Manitoba was warned about former jazz prof's behaviour years before he left Nancy believes the university needs to develop better supports for students to guide them through the complaint process and keep them in the loop about the progress being made. \"Sharing this kind of information is very distressing for a victim [who] often is in the middle of processing it themselves. So staff at the university needs to be more educated about trauma and this type of abuse. If they are not, they need to direct us to people who are.\" The University of Manitoba says that since September, it has has taken a number of steps to address sexual harassment. It described those steps as: Meetings between senior of leadership and the Faculty of Music Students' Association. Constructive, primarily listening opportunities. Meetings between of leadership and the University of Manitoba Student's Union and the Graduate Students' Association. Beginning process of policy review. 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 5/7 Meetings between faculty of music dean and associate dean, and music students and music student leadership. Commitments to adopt best practices, such as appointing liaisons to assist students with concerns. Open session for all music students to answer questions on behavioural matters. Two open sessions for university community to discuss behavioural policies. Workshops for staff on responding to disclosure. Discussion of behavioural matters with commitments to inform review process at several levels, such as the student experience committee. More stories from Manitoba's investigative I-Team Got a tip for the News I-Team? Email [email protected] or call the confidential tip line at 204-788-3744. CBC's Journalistic Standards and Practices \| About News Corrections and clarifications \| Submit a news tip \| Report error Tower cam captures earthquake from Vancouver 0:21 'That only us command': Chantal Kreviazuk changes lyrics to 4 Nations Face-Off anthem 0:17 Ron MacLean on Canada-U.S. tensions at 4 Nations Face- Off News 8:19 McDavid scores winner as Canada edges U.S. in 4 Nations Face-Off championship game 2:32 Whit state taken Ruby Dhalla kicked out of Liberal leadership race after Dozens of Canadians got sick at Mexican all-inclusive Loblaw takes Optimum hit as customers cash in Hunter Schafer says passport lists sex as 'M' after Trump ? 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 6/7 'extremely serious' violations: party Catharine Tunney Politics resort, call for facility inspection Arturo Chang Canada - Manitoba more points Business \| executive order World 1 dea shoo Cana 2/22/25, 6:37 Jazz prof Steve Kirby fired from Berklee College after of students share harassment complaints News 7/7", "7235_102.pdf": "'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations Updated October 20, 2017 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations former University of Manitoba student has returned his degree because of the institution's handling of sexual harassment allegations against former jazz professor Steve Kirby Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 1/10 Daniel Jordan put his degree for completing a bachelor of music in 2012 in an envelope, along with a letter for the faculty of music's dean and university's president, and mailed it back to the institution on Thursday afternoon felt incredibly sad felt sad that wasn't going to have this piece of paper,\" Jordan said after mailing the degree. \"And mostly felt sad that there were so many students, that in addition to the blood sweat and tears and the hard work that goes into a degree, also did that while being afraid and victimized and harassed of Manitoba was warned about former jazz prof's behaviour years before he left Female students allege sexual misconduct against former of Manitoba jazz prof Steve Kirby In September, a I-Team investigation revealed that Kirby had left the university after an internal investigation report found he repeatedly made inappropriate sexual comments and unwanted sexual contact with a female student. The student was critical of the university and said she was \"angry\" over how the internal investigation was handled, saying it didn't do enough to create a safe environment for female students. According to the report, Kirby denied many of the points raised by the complainant and \"denies all claims made of any sexual innuendo or outright sexual approaches Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 2/10 That woman was part of a group of current and former students who made allegations of sexual misconduct against Kirby in February. Nearly a dozen former students and members of the university community spoke with News saying concerns regarding Kirby's behaviour were well known and reported to the university for nearly a decade of gave positive reference check for former prof accused of sexual harassment: Berklee College Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba Jordan said he thought it was incredibly brave the women came forward and initially \"naively expected that a university was going to be progressive and lead the way in how this could be handled.\" \"When they chose not to say anything and not to take any action was disgusted,\" he said Jordan said he called and emailed the dean of the Desautels Faculty of Music and the of president, but the answers were not forthcoming. \"When realized they weren't going to take any action \u2014 even after repeated calls, even after the story had come out, even after the investigation had been done \u2014 this was the last thing could think of doing,\" he said Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 3/10 refused to be silent and not do anything when see this kind of stuff happen because it's just too common, and it's silence and inaction that perpetuates this toxic culture of sexual harassment.\" 'No value to me except as a token of protest' After the allegations against Kirby came to light, the university emailed staff and students asking for feedback about its sexual harassment and work environment policies. The University of Manitoba Students' Union told News earlier this month that it is working with the university to see mandatory training for sexual violence and sensitivity training added for staff and faculty With allegations going back a decade, Jordan said the university should have already taken immediate action. He said the university has shown it won't face \"the very real pain suffered at their institution\" and is therefore complicit. While letting go of his degree, thinking about the years of work he put into it, has been difficult, Jordan said he would only want it back if the of admits what happened, apologizes to the women, changes its policies, and demonstrates they are going to take action. \"If that apology is accepted by those women and the four things were done then would consider wanting to have my degree back,\" he said. \"Until then it would actually have no value to me except as a token of protest.\" He posted a photo of the degree on Facebook before mailing it, writing online that he hoped the university would find the courage to stand against sexual harassment and systemic abuse of power. \"Until then remain ashamed to be your alumnus, devoid of respect for you or your institution,\" he wrote. In an email to News of public affairs executive director John Danakas said the university respects Jordan's thoughts and feelings and all Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 4/10 concerns brought forward are taken seriously. \"The kinds of conduct described are unacceptable in any environment, and are not consistent with the values of the University of Manitoba. The University community is committed to working together to ensure a safe and respectful work and learning environment,\" he said. \"These are important matters that require collaboration among a wide variety of individuals and groups. The University welcomes input from all who care deeply about these issues, including this former student Make sexual harassment training mandatory at of M, says advocate Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 5/10 Latest Stories Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 6/10 20 hours ago 19 hours ago 9 hours ago 2 days ago a day ago a day ago BuzzFeed Justin Trudeau's Shady Comment Towards Donald Trump Is Going Super Viral Knowing Trump this could truly start a World War. BuzzFeed Canadians Have Come Up With New Nickname For The United States After Beating Them In Hockey \"Many people up here in Canada are looking forward to the day someone makes America great again.\" Ad \u2022 GoVisionaryProfit Legendary Investor Issues Urgent 'Special Situation\u2019 Alert Every investor in America is trying to figure out what famous Billionaire will do in Washington. I\u2019ve \u2026 The Canadian Press Trump fires chairman of the Joint Chiefs of Staff and two other military officers (AP) \u2014 President Donald Trump abruptly fired Air Force Gen Brown Jr. as chairman of the Joint Chiefs of Staff on Friday, sidelining a history-making fighter pilot and respected officer as part of a campaign led by his defense secretary to rid the military of leaders who support diversity and equi\u2026 HuffPost Robert De Niro\u2019s Politically Charged Answer Leaves \u2018Late Show\u2019 In Eerie Silence The \"Zero Day\" star and \"Late Show\" host Stephen Colbert let a haunting silence hang in the air for several seconds. HuffPost 'Delusional' Trump Openly Mocked As His Newest Boast Backfires Spectacularly The president's critics fired back after an unrealistic claim about his approval rating. Ad \u2022 GoVisionaryProfit Legendary Investor Reveals Next Billionaire Making Play Every investor in America is trying to figure out what famous Billionaire will do in Washington. I\u2019ve \u2026 HuffPost 'That Day Is Here Data Reporter Reveals Trump's New 'Great Weakness' Harry Enten finds something unexpected in the president's latest polling data Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 7/10 10 hours ago a day ago a day ago 22 hours ago a day ago 2 days ago BuzzFeed Was 6 When My Father Decided We'd Sail Around The World Would Be Trapped On That Boat For Nearly Decade. \"As the years went on, it became clear that my parents had no intention of fulfilling their promise to return home had no way of leaving the boat had no passport or money. But more than that had nowhere to go.\" HuffPost Singer Grimes Publicly Begs Elon Musk To Address Their Child's 'Medical Crisis' \"This is urgent, Elon,\" wrote Grimes, who shares three children with the billionaire champion. Ad \u2022 Techno Mag Access all channels anywhere, anytime HuffPost \u2018Very, Very Bad\u2019: Ex-Government Economist Makes Bleakest Trump Prediction Jesse Rothstein warned it \u201cseems almost unavoidable at this point.\u201d The Daily Beast Trump\u2019s Favorite Paper Torches His Take on Putin DICTATOR\u2019 The New York Post sent Donald Trump a clear message on Friday with a searing front page showing Vladimir Putin alongside the headline DICTATOR.\u201d Trump\u2019s onetime \u201cfavorite newspaper,\u201d owned by Rupert Murdoch\u2019s News Corp, ran the cover after Trump accused Ukrainian President\u2026 The Daily Beast Adrian Wenner: Sports Fans All Hate Us Thanks to Trump Sports fans around the world now oppose the U.S. thanks to President Donald Trump, screenwriter and actor Adrian Wenner told CNN. \u201cWhen was growing up, in my youth, we were the good guys,\u201d Wenner told CNN\u2019s Laura Coates. \u201cWe were the shining city on the hill, we were the bastion of democracy that t\u2026 Ad \u2022 Camper Van Deals \| Search ads Now Is The Perfect Time To Get An Unsold Camper Van BuzzFeed This Former Athlete Got Arrested After Making An Anti-Trump Speech, And The Internet Has is profoundly corrupt, unmistakably anti-democracy, and most importantly is explicitly a Nazi movement Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 8/10 a day ago 20 hours ago a day ago 2 days ago 2 days ago 19 hours ago HuffPost Writer Behind This Iconic Action Character Admits Casting Tom Cruise Was 'Mistake' He described the star as \"not that plausible\" in the role. National Post Trade war: What do Americans think of their former best friends in Canada? At a Tim Hortons in suburban New Jersey, most customers had never been to Canada and the word 'tariff' never came up Ad \u2022 War Thunder 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\u2026 The Canadian Press Singer of Canadian anthem at 4 Nations Face-Off changes lyric to protest Trump's 51st state remarks The anthem singer who performed the Canadian anthem prior to the 4 Nations Face-Off championship game Thursday night changed a lyric in Canada\u201d as a response to U.S. President Donald Trump's repeated remarks about making the country the 51st state. The Daily Beast Elon Musk Hits Astronaut With Shocking Slur After Being Slammed Over \u2018Lie\u2019 Elon Musk called a Danish astronaut \u201cfully ret---ed\u201d in an argument on the billionaire\u2019s social media platform. Musk\u2019s used the term, which many in the disabled community consider a slur, as an insult against Andreas Mogensen\u2014a European Space Agency astronaut who in 2023 piloted a mission for\u2026 The Canadian Press Liberal leadership candidate Baylis says PM, premiers made 'mistakes' with Trump \u2014 Liberal leadership candidate Frank Baylis says Prime Minister Justin Trudeau and Canada\u2019s premiers have been approaching President Donald Trump's trade threats all wrong. Ad \u2022 Techno Mag Incredible, the box everyone is talking about: Access all channels Ottawa removing half of federal internal trade barriers Internal Trade Minister Anita Anand informed the provinces and territories Friday that Ottawa will remove more than half of federal internal trade barriers in a move to make Canada less reliant on the United States.Anand made the announcement at an informal, virtual meeting of the Committee on Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 9/10 12 hours ago 2 days ago The Daily Beast White House Lashes Out at Trump Book Author: \u2018Peanut-Sized Brain\u2019 The White House has launched an unprecedented attack on the best-selling author of a new book about Donald Trump\u2019s 2024 presidential election campaign. In a statement released to The Daily Beast, White House Communications Director Steven Cheung branded Michael Wolff a \u201clying sack of s---.\u201d Cheung als\u2026 People Woman Carries Injured 70-Lb. Dog Through N.Y.C. \u2014 and Is Stunned by His Behavior When Husband Arrives to Help (Exclusive) Sisian Sadler's viral TikTok captures her heroic effort to carry her injured 70-lb. goldendoodle through N.Y.C. \u2014 with a hilarious conclusion Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:37 'Ashamed to be your alumnus': Former of student returns degree after Steve Kirby allegations 10/10", "7235_103.pdf": "23, 2025 Steve Kirby arrested, charged with sexual assault Nearly year-long investigation included incidents dating back to 2014 TOPICS: University Of Manitoba \u2026 2/22/25, 6:38 Steve Kirby arrested, charged with sexual assault \| The Manitoban 1/4 11, 2018 Former of jazz professor Steve Kirby has been arrested and charged with sexual assault. Winnipeg police have confirmed that members of the city\u2019s sex crime unit had become involved after a of student in the faculty of music came forward with allegations of multiple instances of sexual assault. \u201cIn June 2017, members of the sex crimes unit became involved in a historic sexual assault investigation,\u201d Const. Tammy Skrabek said in an email. \u201cIt was reported that a female student, who was 19 years old at the time, was enrolled in the music program in the University of Manitoba and was sexually assaulted on a number of occasions by her jazz professor. The incidents occurred between September 2014 and January 2017.\u201d Skrabek also confirmed in the email that Steve Kirby had been arrested on charges of sexual assault on May 9 of this year. He has been released since on a promise to appear. The case remains before the courts. Kirby is set to appear in court in June. Kirby officially left the university in June 2017 but had been on leave for the six months prior. Reports claim that the of was first approached with complaints against Kirby in 2012. He was hired at Boston-based Berklee College but was later fired after of students reached out to the college and said they had been harassed by Kirby spokesperson for the of said in an email that only the Winnipeg Police Service would be able to comment on the case, and added that, as per of policy, the person coming forward would decide whether or not to report to police. Last week of president David Barnard held a media conference in which he apologized to students affected by incidents of inappropriate behaviour on campus and 2/22/25, 6:38 Steve Kirby arrested, charged with sexual assault \| The Manitoban 2/4 president\u2019s open letter to students at the University of Manitoba Hundreds protest proposed University of Manitoba budget cuts notes UMSU\u2019s Frost Fest is set to entertain campus community confirmed that Kirby had received a letter of employment from the university when transferring to Berklee College that \u201ccould be construed as supportive.\u201d It was confirmed after the meeting that there were currently five open investigations of members of faculty under the of M\u2019s respectful work and learning environment policy and sexual assault policy, and that three involved some form of sexual assault or sexual harassment. Several cases of sexual harassment by of professors toward students have become public in just over the last year. In August, oncologist and former associate dean at the faculty of medicine Gary Allan Joseph Harding was convicted of professional misconduct and stripped of his medical licence after he allegedly made repeated sexual advances toward two students, both of whom said it was not consensual 2/22/25, 6:38 Steve Kirby arrested, charged with sexual assault \| The Manitoban 3/4 Contact Info 109 Helen Glass, University of Manitoba Winnipeg, MB, Canada R3T 2N2 204-474-6535 Social Media Facebook Twitter Instagram SoundCloud YouTube Our Friends 101.5 \u00a9 2025 2/22/25, 6:38 Steve Kirby arrested, charged with sexual assault \| The Manitoban 4/4", "7235_104.pdf": "Former of prof arrested for sexual assault of a student, Winnipeg police say By & \u2022 Global News Posted September 11, 2018 12:27 pm 2 min read WATCH: Const. Tammy Skrabek said police did not advise of the arrest of Steve Kirby's arrest in May because it would have identified the victim \u2013 Sep 11, 2018 Abigail Turner Sharon Pfeifer Global News at 6 Winnipeg Winnipeg police explain delay in announcing arrest of of prof AdChoices Home Radio Watch Local Menu 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 1/6 Former University of Manitoba jazz professor, Steve Kirby, was arrested this spring for sexual assault. Winnipeg police said the arrest came as a result of a complaint by a woman enrolled in the music program at the university. Authorities released information about the arrest Tuesday, saying they did not do so earlier, to be certain that the charges had in fact been laid in court, and so as not to identify the victim who would have still been in university at the time. Police said the woman, who was 19 when the alleged assaults began, reported inappropriate contact by her jazz professor took place on a number of occasions, between September 2014 and January 2017. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Email address POLICY. In June 2017, the Sex Crimes Unit was asked to investigate. \u201cTo say that a professor at the university was arrested would identify both him, before charges were laid in court, as well as the victim,\u201d Const. Tammy Skrabek said AdChoices 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 2/6 Police said following the investigation, Kirby, 62, was arrested for sexual assault on May 9, 2018. He was released on a promise to appear and the case is still before the courts spokesperson for the University of Manitoba told Global News Kirby left the university in June of 2017. Trending Now Kirby was hired later that fall by the Berklee College of Music, according to the Boston college. \u201cUpon learning that he had been accused of sexual misconduct at his prior institution, he was immediately placed on administrative leave. Following an \u2022 \u2022 \u2022 Liberal leadership candidate Ruby Dhalla disqualified from race Bank of Canada governor\u2019s tariff warning: \u2018There won\u2019t be a bounceback\u2019 Alberta separatist behind divisive \u2018Let\u2019s join the USA!\u2019 billboard 4.7 magnitude earthquake rattles parts of B.C. Friday Chantal Kreviazuk changes Canadian anthem lyric to protest Trump remarks AdChoices 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 3/6 inquiry by the college, Kirby was terminated from Berklee,\u201d said the college in a statement. RELATED: Five sexual harassment investigations involving faculty \u2018ongoing\u2019 at the University of Manitoba Police said they believe there could be other victims who have not yet come forward. Anyone with information relating to the investigation should contact investigators at 204-986-6245 or Crime Stoppers at 204-786 (8477 \u201cIt is entirely possible that there is somebody else who may have had contact and who may not even have thought about it at the time, just brushed it off as an inappropriate contact and didn\u2019t think too much of it,\u201d Skrabek said AdChoices 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 4/6 \u00a9 2018 Global News, a division of Corus Entertainment Inc. Stay in the loop The email you need for the day\u2019s top news stories from Canada and around the world. Email address 6:00 - 9:00 Top Videos Winnipeg Weekends with Kevin Burgin Liberal Party sets new rules for leadership process 293 Liberal leadership candidates set to clear final hurdle to stay in race 290 Liberal leadership race heating up with less than 50 days remaining in campaign 189 AdChoices 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 5/6 \u00a92025 RESERVED. Trudeau euphoric after Canada beats U.S. in 4-Nations hockey showdown 74 Wayne Gretzky draws mixed reaction during appearance at 4 Nations Final 66 Canada enacts controversial digital services tax 62 About Principles & Practices Branded Content Contact us Newsletters Notifications Smart home Advertisers Election Registry Global News Licensing Requests AdChoices 2/22/25, 6:38 Former of prof arrested for sexual assault of a student, Winnipeg police say - Winnipeg \| Globalnews.ca 6/6", "7235_105.pdf": "Manitoba Investigates Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba Student alleges of Manitoba mishandled complaint against former jazz prof Katie Nicholson, Vera-Lynn Kubinec News \u00b7 Posted: Sep 14, 2017 6:20 \| Last Updated: September 14, 2017 The University of Manitoba said jazz Prof. Steve Kirby retired in late June, after being on leave for six months former University of Manitoba jazz student is angry with the way the university handled an internal investigation into Prof. Steve Kirby's conduct, and says it didn't do enough to create a safe environment for female students. On Thursday, the U.S. college Kirby now works for said he has been placed on leave while it conducts its own investigation think it would have been inconvenient for the University of Manitoba to investigate it unless they really had to,\" the former University of Manitoba student said. \"The system was set up in such a way that Steve Kirby had a lot of power, and virtually no accountability is protecting her identity because of the nature of the allegations. Menu Search Sign In 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 1/6 Female students allege sexual misconduct against former of Manitoba jazz prof Steve Kirby She is part of a group of current and former students who made allegations of sexual misconduct against Kirby in February. An internal investigation report obtained by News concluded her allegations of lewd comments and unwanted touching, hugging and kissing had merit and constituted sexual harassment. \"It was a violation of trust, frankly,\" the student said. \"It's a lack of respect for me as a human being. It's an unacceptable form of contact between a teacher and student.\" The university said Kirby retired from the University of Manitoba in late June, after being on leave for six months. He had been at the of since 2003 and was known internationally as a jazz bassist. He has since taken a teaching position at Berklee College of Music in Boston has not been able to reach Kirby for comment. The former student had one credit remaining to complete her degree but said that because of the ongoing harassment, she couldn't bring herself to go back and complete the program couldn't stand to be in that university for one more minute,\" she said was crying before my lessons was angry felt depressed all through my final year, especially. Which is when was in greatest contact with Steve. It was an extremely vulnerable time for me.\" Steve Kirby later joined the faculty at Berklee College of Music in Boston. (CBC) 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 2/6 The alleged harassment began in her first year of the program, she said, when she was performing at a local restaurant with the school ensemble. \"Steve said love the way you move on stage love to watch you on stage.' And that sort of raised the first red flag for me,\" she said. \"The teacher-student relationship is pretty privileged, especially in the jazz faculty. It's a small faculty.\" \"It was different with Steve would enter into his office for private lessons, and he would close a soundproof door. The curtains were closed. He would be saying these comments to me. It was an extremely uncomfortable experience,\" she said would cry before our lessons would cry the night before was afraid was angry that had to endure this kind of thing would define it as being a hostile environment.\" Allegations ruled as having merit The university's internal investigation report concluded each of her allegations had merit. In one instance, the report noted Kirby was alleged to have said to the student, \"Every man has a primal urge to 'f--k anything that moves,' men are animalistic and every man has to battle to keep that under control.\" He then referenced how he has to keep that urge as he is a musician and a wolf, and that he gets what he wants. Kirby responded \"that he did talk about male sexual energy as being a catalyst for creativity using the wolf analogy and submits that there is no sexual charge to the conversation,\" the report said. It said Kirby responded that, \"These comments are earthy but not intended as a sexual come-on; it is a reference point for channeling creative energy.\" Placed on leave at Berklee According to the report, Kirby denied many of the points raised by the complainant and \"denies all claims made of any sexual innuendo or outright sexual approaches.\" After the university's investigation wrapped up, the former student decided to file a formal complaint with Winnipeg police Winnipeg Police Service spokesperson said police cannot confirm whether they are investigating Kirby. 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 3/6 When the complainant later learned Kirby had joined the faculty at Berklee College of Music in Boston, she said she \"was sickened.\" In a statement sent Wednesday to News, Berklee College said it had just recently learned of the allegations against Kirby at the University of Manitoba and will continue to gather information. On Thursday, Berklee said it had placed Kirby on leave while that investigation is underway. \"The employee has been placed on leave pending our review and assessment,\" said Jay Kennedy, vice-president for academic affairs and vice-provost at Berklee, in a statement to CBC. \"It is our practice not to comment publicly on internal personnel matters out of respect for all involved and we have nothing further to add at this time,\" said Kennedy. He reiterated Berklee's \"commitment to fostering a safe and respectful environment for our community members.\" The University of Manitoba said that due to privacy legislation, it would not discuss or publicly disclose the circumstances surrounding the departure of employees. In a statement sent to Thursday, Jazz Winnipeg executive director Lynne Stefanchuk said Kirby is still a board member for the organization, which produces the annual Winnipeg International Jazz Festival. \"We take issues surrounding misconduct and harassment incredibly seriously. This type of behaviour has no place in our organization and will not be tolerated from anyone we work or associate with,\" the statement said. \"These allegations are deeply concerning to our organization and we are taking steps [to] address them.\" Safety and respect University of Manitoba public affairs executive director John Danakas said in a statment to the university \"deeply respects the concerns raised by the student and the feelings expressed. \"As an institution, the university is committed to constantly improving its policies and procedures. The experiences of those directly involved informs that effort.\" 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 4/6 \"Dealing with such matters is always challenging and requires navigating sensitive areas, including rights, interests, privacy and confidentiality,\" said Danakas former University of Manitoba jazz student is angry with the way the university handled an internal investigation into Prof. Steve Kirby's conduct, and says it didn't do enough to create a safe environment for female students. \"Importantly, critical supports are in place to assist students and others. The University of Manitoba strives to be a community that supports individuals who disclose and that builds a culture of safety, respect, consent, prevention and education.\" The former student said she felt it was important to speak publicly about her experience. \"I've heard of this happening in other universities, other educational institutions. This is not limited just to the University of Manitoba, but no one talks about it and that gives the people who are doing these behaviours ... their power,\" she said don't think that have anything to be ashamed of don't think any of this was my fault just want to make sure the campus is safe for the young women in the program right now and continues to be safe for any young women who continue to be in the program in future.\" More stories from Manitoba's investigative I-Team Got a tip for the News I-Team? Email [email protected] or call the confidential tip line at 204-788-3744. CBC's Journalistic Standards and Practices \| About News Corrections and clarifications \| Submit a news tip \| Report error Student alleges of mishandled sexual harassment complaint against jazz prof Steve Kirby 7 years ago 3:29 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 5/6 Tower cam captures earthquake from Vancouver 0:21 'That only us command': Chantal Kreviazuk changes lyrics to 4 Nations Face-Off anthem 0:17 Ron MacLean on Canada-U.S. tensions at 4 Nations Face- Off News 8:19 McDavid scores winner as Canada edges U.S. in 4 Nations Face-Off championship game 2:32 Whit state taken Ruby Dhalla kicked out of Liberal leadership race after 'extremely serious' violations: party Catharine Tunney Politics Dozens of Canadians got sick at Mexican all-inclusive resort, call for facility inspection Arturo Chang Canada - Manitoba Loblaw takes Optimum hit as customers cash in more points Business \| Hunter Schafer says passport lists sex as 'M' after Trump executive order World 1 dea shoo Cana ? 2/22/25, 6:38 Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba News 6/6", "7235_106.pdf": "Steve Kirby charged with sexual assault dating back to 2014 Updated September 11, 2018 Steve Kirby charged with sexual assault dating back to 2014 Former University of Manitoba jazz professor Steve Kirby has been charged with sexual assault. Winnipeg police confirmed Monday that they were called to investigate a \"historic sexual assault\" in June 2017. On May 9, 2018, they laid charges. Kirby, 62, was arrested on a charge of sexual assault and released on a promise to appear, a police spokesperson said Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 1/8 The case remains before the courts. The allegations were made by a then-19-year-old female student, who told police she was enrolled in the music program at the University of Manitoba when she was sexually assaulted \"on multiple occasions\" by her professor. Police say the incidents happened between September 2014 and January 2017 Last week, the University of Manitoba came forward with information that two sexual assault investigations were ongoing against faculty, as well as a sexual harassment complaint against a different faculty member. Two additional faculty members are being investigated for \"human rights\" issues, for a total of five faculty members being investigated. University of Manitoba president David Barnard committed to instituting mandatory training for all faculty and staff on sexual violence, consent and power relationships. \"We are committed to due process and to protecting the confidentiality of those with the courage to come forward,\" Barnard said last week. On Monday, after police released a statement about the charges, university spokesperson John Danakas said \"any comment on the investigation would need to come from as this is now a criminal matter.\" \"The impetus for the timing of the statement last week, as the president indicated, was to have it made at the beginning of the academic year as students returned to campus,\" he wrote Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 2/8 Last February, six female former students of Kirby's went to the of administration to allege they had been sexually harassed. Kirby left the university in June 2017 after being on leave for six months. He was then hired at Berklee College of Music in Boston. After the college learned of the allegations in Manitoba, they terminated him of M's internal investigation found that at least two of the sexual harassment complaints had merit, and Kirby's actions would have created an \"intimidating, humiliating or offensive work or learning environment.\" Kirby's case is one of two recent reports of an inappropriate relationship between staff and students at the of M. Last week, a report by the Manitoba College of Physicians and surgeons detailed allegations against Dr. Gary Harding, resulting in a six-month licence suspension Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 3/8 Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 4/8 Latest Stories 20 hours ago 19 hours ago 9 hours ago 2 days ago a day ago BuzzFeed Justin Trudeau's Shady Comment Towards Donald Trump Is Going Super Viral Knowing Trump this could truly start a World War. BuzzFeed Canadians Have Come Up With New Nickname For The United States After Beating Them In Hockey \"Many people up here in Canada are looking forward to the day someone makes America great again.\" Ad \u2022 GoVisionaryProfit Legendary Investor Issues Urgent 'Special Situation\u2019 Alert Every investor in America is trying to figure out what famous Billionaire will do in Washington. I\u2019ve \u2026 The Canadian Press Trump fires chairman of the Joint Chiefs of Staff and two other military officers (AP) \u2014 President Donald Trump abruptly fired Air Force Gen Brown Jr. as chairman of the Joint Chiefs of Staff on Friday, sidelining a history-making fighter pilot and respected officer as part of a campaign led by his defense secretary to rid the military of leaders who support diversity and equi\u2026 HuffPost Robert De Niro\u2019s Politically Charged Answer Leaves \u2018Late Show\u2019 In Eerie Silence The \"Zero Day\" star and \"Late Show\" host Stephen Colbert let a haunting silence hang in the air for several seconds. HuffPost 'Delusional' Trump Openly Mocked As His Newest Boast Backfires Spectacularly The president's critics fired back after an unrealistic claim about his approval rating Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 5/8 a day ago 10 hours ago a day ago a day ago 22 hours ago a day ago Ad \u2022 GoVisionaryProfit Legendary Investor Reveals Next Billionaire Making Play Every investor in America is trying to figure out what famous Billionaire will do in Washington. I\u2019ve \u2026 HuffPost 'That Day Is Here Data Reporter Reveals Trump's New 'Great Weakness' Harry Enten finds something unexpected in the president's latest polling data. BuzzFeed Was 6 When My Father Decided We'd Sail Around The World Would Be Trapped On That Boat For Nearly Decade. \"As the years went on, it became clear that my parents had no intention of fulfilling their promise to return home had no way of leaving the boat had no passport or money. But more than that had nowhere to go.\" HuffPost Singer Grimes Publicly Begs Elon Musk To Address Their Child's 'Medical Crisis' \"This is urgent, Elon,\" wrote Grimes, who shares three children with the billionaire champion. Ad \u2022 Techno Mag Access all channels anywhere, anytime HuffPost \u2018Very, Very Bad\u2019: Ex-Government Economist Makes Bleakest Trump Prediction Jesse Rothstein warned it \u201cseems almost unavoidable at this point.\u201d The Daily Beast Trump\u2019s Favorite Paper Torches His Take on Putin DICTATOR\u2019 The New York Post sent Donald Trump a clear message on Friday with a searing front page showing Vladimir Putin alongside the headline DICTATOR.\u201d Trump\u2019s onetime \u201cfavorite newspaper,\u201d owned by Rupert Murdoch\u2019s News Corp, ran the cover after Trump accused Ukrainian President\u2026 The Daily Beast Adrian Wenner: Sports Fans All Hate Us Thanks to Trump Sports fans around the world now oppose the U.S. thanks to President Donald Trump, screenwriter and actor Adrian Wenner told CNN. \u201cWhen was growing up, in my youth, we were the good guys,\u201d Wenner told CNN\u2019s Laura Coates. \u201cWe were the shining city on the hill, we were the bastion of democracy that t Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 6/8 2 days ago a day ago 20 hours ago a day ago 2 days ago 2 days ago Ad \u2022 Camper Van Deals \| Search ads Now Is The Perfect Time To Get An Unsold Camper Van BuzzFeed This Former Athlete Got Arrested After Making An Anti-Trump Speech, And The Internet Has is profoundly corrupt, unmistakably anti-democracy, and most importantly is explicitly a Nazi movement.\" HuffPost Writer Behind This Iconic Action Character Admits Casting Tom Cruise Was 'Mistake' He described the star as \"not that plausible\" in the role. National Post Trade war: What do Americans think of their former best friends in Canada? At a Tim Hortons in suburban New Jersey, most customers had never been to Canada and the word 'tariff' never came up Ad \u2022 War Thunder 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\u2026 The Canadian Press Singer of Canadian anthem at 4 Nations Face-Off changes lyric to protest Trump's 51st state remarks The anthem singer who performed the Canadian anthem prior to the 4 Nations Face-Off championship game Thursday night changed a lyric in Canada\u201d as a response to U.S. President Donald Trump's repeated remarks about making the country the 51st state. The Daily Beast Elon Musk Hits Astronaut With Shocking Slur After Being Slammed Over \u2018Lie\u2019 Elon Musk called a Danish astronaut \u201cfully ret---ed\u201d in an argument on the billionaire\u2019s social media platform. Musk\u2019s used the term, which many in the disabled community consider a slur, as an insult against Andreas Mogensen\u2014a European Space Agency astronaut who in 2023 piloted a mission for\u2026 The Canadian Press Liberal leadership candidate Baylis says PM, premiers made 'mistakes' with Trump \u2014 Liberal leadership candidate Frank Baylis says Prime Minister Justin Trudeau and Canada\u2019s premiers have been approaching President Donald Trump's trade threats all wrong Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 7/8 19 hours ago 12 hours ago 2 days ago Ad \u2022 Techno Mag Incredible, the box everyone is talking about: Access all channels Ottawa removing half of federal internal trade barriers Internal Trade Minister Anita Anand informed the provinces and territories Friday that Ottawa will remove more than half of federal internal trade barriers in a move to make Canada less reliant on the United States.Anand made the announcement at an informal, virtual meeting of the Committee on\u2026 The Daily Beast White House Lashes Out at Trump Book Author: \u2018Peanut-Sized Brain\u2019 The White House has launched an unprecedented attack on the best-selling author of a new book about Donald Trump\u2019s 2024 presidential election campaign. In a statement released to The Daily Beast, White House Communications Director Steven Cheung branded Michael Wolff a \u201clying sack of s---.\u201d Cheung als\u2026 People Woman Carries Injured 70-Lb. Dog Through N.Y.C. \u2014 and Is Stunned by His Behavior When Husband Arrives to Help (Exclusive) Sisian Sadler's viral TikTok captures her heroic effort to carry her injured 70-lb. goldendoodle through N.Y.C. \u2014 with a hilarious conclusion Sign in Mail News Canada World Originals The Green Line stories Entertainment Weather Business Videos Sports Science 2/22/25, 6:38 Steve Kirby charged with sexual assault dating back to 2014 8/8", "7235_107.pdf": "Steve Kirby (musician) Steve Kirby is an American jazz bassist, composer, and educator. Kirby was born in Maumee Valley, Toledo, Ohio, and his family moved to St. Louis when he was two years old. He began playing guitar and bass guitar while stationed at Fort Bragg, and following this he attended Webster University, receiving his degree in 1985. He worked in ensembles and then got his master's degree at the Manhattan School of Music, where he played with Lester Bowie. In 1988 he returned to Webster, where he taught until 1993. In January 2017, Kirby released All Over the Map, his first orchestral recording featuring his compositions.[1] Kirby appeared as a leader on the albums Wicked Grin (2008) and Stepchild (2013), featuring the University of Manitoba Jazz Faculty Ensemble. He spent 15 years heading the University of Manitoba Jazz Studies program. He has worked with Wessell Anderson, Kenny Barron, Kathleen Battle, Joanne Brackeen, James Carter, Regina Carter, Cyrus Chestnut, Wycliffe Gordon, Benny Green, Terreon Gully, Slide Hampton, Winard Harper, Stefon Harris, Antonio Hart, Eddie Henderson, John Hicks, Elvin Jones, Geoff Keezer, Oliver Lake, Abbey Lincoln, Joe Lovano, Wynton Marsalis, Mulgrew Miller, Claudio Roditi, Wallace Roney, Jacky Terrasson, Steve Turre, Warren Wolf, and Miguel Zenon. Kirby joined the faculty of music at the University of Manitoba in 2003, where he then created the first and only Jazz Studies Program in Canada where a student can receive a Bachelors Degree in Jazz Studies specifically. He was promoted to full professor and received tenure. In January 2004, Kirby became artistic director for the Smart Park Jazz Innovators Series. As Artistic Director and bass player, Steve facilitated and performed with some of the best artists in Jazz: trombonist, Wycliffe Gordon, violinist, Regina Carter, trumpeter Nicholas Payton and vocalist Luciana Souza. All artists stayed for 1 week residencies that included master-classes, rehearsals for students and a concert at the end of the week. In March 2004, he spearheaded the creation of what has become a weekly jazz institution in Winnipeg \u2013 the Monday Night Hang.\" Taking its cue from the many jam sessions Steve participated in as a professional musician in New York, \"The Hang\" is a place where students, faculty, seasoned professionals, and visiting artists can hone their skills and exchange ideas in a live performance setting. Biography Teaching 2/22/25, 6:38 Steve Kirby (musician) - Wikipedia 1/4 was the creator and editor in chief for Dig! magazine in Winnipeg. Launched by in 2004, dig! It was designed to mirror the growth and gauge the health of Winnipeg's Jazz scene. The magazine also served to co-ordinate and promote the Jazz events that the many local and visiting presenters offer in Winnipeg and throughout the province. The last issue of dig! Magazine was published in the summer of 2017. In 2005 created Jazz On Wheels, his version of New York's famous Jazz Mobile. Designed as a mobile concert stage, Jazz on Wheels literally drove music to people in their own neighborhoods. Featuring local and touring jazz musicians, the project provided Winnipeggers of all social and economic backgrounds with opportunities to learn about jazz through concerts and workshops brought directly to their communities. Jazz on Wheels features interactive presentations illustrating the evolution of jazz and its influence on modern popular music. 2005 - 2016 held the position of artistic director for the Izzy Asper Jazz Performance Series. In this series Steve not only performed with many of the visiting artists but also has created a unique opportunity for the of Jazz students to perform as the opening band for the all-star visiting artists. Each artist also presented master classes to the jazz students. He retired on June 27, 2017, after his scheduled sabbatical, during which an internal investigation into alleged sexual harassment of students was conducted by the university.[2] Six students approached school administration in February 2017 with complaints of sexual harassment by Kirby.[3] Shortly after retiring from the University of Manitoba, Kirby was hired by Berklee College of Music but was suspended from his position pending an investigation into allegations of sexual harassment at the University of Manitoba. Administration at Berklee put Kirby on leave after learning about the accusations.[4][5][6] On May 9, 2018, after an investigation by Winnipeg police, Kirby was charged with sexual assault of a music student at the University of Manitoba, relating to multiple alleged incidents between 2014 and 2017.[7][2][8] On March 7, 2019, Crown Prosecutor Mark Kantor announced that the case against Kirby would not proceed, and that the Crown was directing a stay of proceedings in this matter.[9] In August 2020, Steve Kirby was awarded $286,000 after an arbitrator, Arne Peltz, determined the University of Manitoba breached the professor's privacy. How his privacy was breached was not disclosed. In his decision, Peltz wrote he was prepared to order the University of Manitoba to give Steve Kirby his job back, but refrained when Steve Kirby did not want to return. Both Kirby and the University are bound to confidentiality moving forward.[10] All Over the Map (2017) Wicked Grin (DIG!, 2008) Harassment allegations Discography As leader 2/22/25, 6:38 Steve Kirby (musician) - Wikipedia 2/4 Stepchild (University Of Manitoba, Desautels Faculty Of Music, 2012) With James Carter In Carterian Fashion (Atlantic, 1998)[11] Chasin' the Gypsy (Atlantic, 2000) With Cyrus Chestnut Dark Before the Dawn (Atlantic, 1994)[12] Earth Stories (Atlantic, 1995)[13] 1. \"Steve Kirby's Oceanic Jazz Orchestra: le centre du monde est \u00e0 Winnipeg\" ( e.ca/albumsenecoute/202/steve-kirbys-oceanic-jazz-orchestra Musique (in French). Retrieved 2019-11-11. 2. May, Jessica Botelho-Urbanski and Katie (10 September 2018). \"Sep 2018: Former of music prof arrested, charged with sexual assault\" ( m-music-prof-arrested-charged-with-sexual-assault-492904061.html). Winnipeg Free Press. Retrieved 17 March 2020. 3. Brohman, Erin (24 August 2018). \"Prof who left of amid sexual harassment allegations received 'infuriating' payout\" ( sity-manitoba-sexual-harassment-1.4798797). cbc.ca. Retrieved 17 March 2020. 4. Nicholson, Katie; Kubinec, Vera-Lynn (16 September 2017 of Manitoba was warned about former jazz prof's behaviour years before he left\" ( m-warned-about-steve-kirby-1.4293499). cbc.ca. Retrieved 17 March 2020. 5. Nicholson, Katie; Kubinec, Vera-Lynn (14 September 2017). \"Berklee College puts Steve Kirby on leave after allegations of sexual harassment at of Manitoba\" ( manitoba/mishandled-sexual-harassment-complaint-against-uofm-jazz-prof-1.4289078). cbc.ca. Retrieved 17 March 2020. 6. \"Jazz prof's job in U.S. on hold over harassment claims\" ( l/sexual-harassment-allegations-put-former-u-of-m-jazz-profs-new-job-on-hold-444509893.html). Winnipeg Free Press. September 14, 2017. Retrieved October 10, 2017. 7. \"Steve Kirby charged with sexual assault dating back to 2014\" ( manitoba/steve-kirby-charged-1.4818230). Retrieved 14 November 2018. 8. \"Steve Kirby charged with sexual assault dating back to 2014\" ( manitoba/steve-kirby-charged-1.4818230). Cbc.ca. 10 September 2018. Retrieved 17 March 2020. 9. May, Jessica Botelho-Urbanski and Katie (15 March 2019). \"Mar 2019: Sex assault charges against former of music prof stayed\" ( ex-assault-charge-against-former-u-of-m-music-prof-507222412.html). Winnipeg Free Press. Retrieved 17 March 2020. 10 of Manitoba ordered to pay $286K to Steve Kirby, former music prof accused of sexual misconduct\" ( e-payout-1.5686567). Cbc.ca. Retrieved 28 March 2022. 11. Cook, Richard; Morton, Brian (2008). The Penguin Guide to Jazz Recordings (9th ed.). Penguin 978-0-141-03401-0. Shades of Blue (NJR, 1997) References 2/22/25, 6:38 Steve Kirby (musician) - Wikipedia 3/4 12. Cook, Richard; Morton, Brian (1996). The Penguin Guide to Jazz on (3rd ed.). Penguin. p. 240 978-0-14-051368-4. 13. Cook & Morton 2008, p. 246. Leonard Feather and Ira Gitler, The Biographical Encyclopedia of Jazz. Oxford, 1999, p. 367. Retrieved from \" Bibliography 2/22/25, 6:38 Steve Kirby (musician) - Wikipedia 4/4"}
7,470	Jeffrey Standen	Northern Kentucky University	[ "7470_101.pdf", "7470_102.pdf", "7470_103.pdf", "7470_104.pdf", "7470_105.pdf", "7470_106.pdf" ]	{"7470_101.pdf": "Salmon P. Chase College of Law and the branch of the College of Medicine are set to move to Covington. (Sam Rosenstiel) Salmon P. Chase College of Law and the branch of the College of Medicine are set to move to Covington. Sam Rosenstiel After harassment complaints, Chase Dean resigned in December, could return as professor in fall Sam Rosenstiel, News Editor February 21, 2018 Provided by Chase Law Chase Law School Dean Jeffrey A. Standen. Chase Law Dean Jeffrey Standen resigned in December after three women, two of them former students, complained of sexual harassment to the university. The Cincinnati Enquirer first reported on documents showing that three complainants said Standen made them bend over, dance in front of him, rearrange books on high or low shelves while he watched and other demeaning acts Director of Public Relations Anna Wright confirmed Provost Sue Ott Rowlands accepted Standen\u2019s Dec. 8 resignation as dean effective June 1. Standen has the opportunity to return as a professor under the rules of the faculty handbook (section 1.8.3 on page 20, Appendix on page 135). Wright said the university \u201cresponded swiftly\u201d to begin investigating based on rumors before the three complainants submitted written statements. Senior Title coordinators Ann James and Rachel Green investigated and conducted interviews in November. Provost Ott Rowlands advised Standen of their findings on Dec. 7; he tendered a resignation the following day. Wright said the investigation did state an \u201cunhealthy culture of fear, intimidation, and bullying,\u201d but did not uncover \u201csufficient evidence to support sexual misconduct.\u201d In reaction to The Enquirer article, Wright said in a statement that stands by how we handled this matter.\u201d The Northerner is working to obtain the documents involved in the investigation. Standen has been on a paid leave of absence since mid-November 2017 and will continue on leave until the end of May. Standen was named Chase Law dean in March 2013 and succeeded former dean Dennis R. Honabach. Standen taught courses in sports law, gaming law, evidence and remedies. Prior, he was associate dean for academic affairs and faculty research at Willamette University College of Law. He was a visiting professor and scholar-in-residence at University of San Diego and University of Virginia, respectively. This is a developing story and will be updated. The Northerner \u2022 Copyright 2025 WordPress Theme by \u2022 Log in", "7470_102.pdf": "( Dean Returns as Professor After Alleged Sexual Harassment By William Vogeler, Esq. on February 23, 2018 \| Last updated on March 21, 2019 Apparently, some law school deans have better job security than federal court justices. Last year, a former dean at Berkeley School of Law stepped down during a sexual harassment scandal ( associates/berkeley-settles-sex-harassment-case-against-former-law-school- dean/), but continued on as a professor. The former Dean, Sujit Choudhry, settled the case and managed to stay on the payroll. Now comes -- after going -- the former dean of Northern Kentucky University's law school. Jeffrey Standen quit amidst sexual misconduct complaints, but is coming right back as a professor ( watchdog/2018/02/20/northern-kentucky-law-dean-jeffrey-standen-resigns- after-3-women-complain-then-stays-professor/318802002/) at the same school. Sexual Misconduct In the Harvey Weinstein era, it is becoming commonplace to see high- powered men drummed out of their jobs for sexual misconduct. In the legal business, it's become the Alex Kozinski era. Law schools, however, seem to be a subset of the bigger problem. Largely populated with young students who answer to professors, the deans who allegedly harassed young women may still work over them in the classroom? Berkeley handled the situation by paying the alleged victim and the alleged harasser, who continued his services basically off campus. He was allowed to take an unpaid sabbatical and to resign in good standing in May 2018. But Northern Kentucky has chosen a different course. After finding evidence of \"an unhealthy culture of fear, intimidation and bullying,\" the school allowed the dean to take a paid leave and then to return as a professor. Hostile Work Environment Standen's accusers described a \"hostile work environment,\" where the dean repeatedly looked down a woman's dress, looked up another's skirt, and otherwise manipulated three women for his pleasure. The former dean denied the allegations, but resigned for \"personal reasons.\" The school, citing policy, then rehired him as a professor -- at $222,000 a year. Kathryn Rubino, writing for Above the Law, said students will have to \"just take it on faith\" that he won't continue the same behavior in the classroom. Because, she said, \"it sure doesn't look like the school is doing much ( harassment-allegations-but-will-be-back-as-highest-paid-professor/?rf=1) to make sure it doesn't happen.\" Related Resources: Roberts Promises Evaluation of the Judiciary's Sexual Misconduct Policies ( promises-evaluation-of-the-judiciarys-sexual-misconduct-policies/) (FindLaw's Supreme Court Blog) Officials Reviewing Hardship Rules for Student Bankruptcy ( reviewing-hardship-rules-for-student-bankruptcy/) (FindLaw's Greedy Associates) German Lawyer Targeted in Endless Pizza Delivery Prank ( targeted-in-endless-pizza-delivery-prank/) (FindLaw's Greedy Associates) Copyright \u00a9 2025, FindLaw. All rights reserved. Terms ( \| Privacy ( \| Disclaimer ( \| Cookies (", "7470_103.pdf": "Chase Law Dean Jeffery Standen has been on leave since Nov. 17. He resigned in Dec. after a university investigation found that he created an \u201cunhealthy\u201d work environment. (Illustration by Sam Rosenstiel) Chase Law Dean Jeffery Standen has been on leave since Nov. 17. He resigned in Dec. after a university investigation found that he created an \u201cunhealthy\u201d work environment. Illustration by Sam Rosenstiel Investigation docs show Chase dean\u2019s office a \u2018toxic\u2019 work environment Mackenzie Manley, Editor-in-Chief and Sam Rosenstiel, News Editor February 23, 2018 Chase Law Dean Jeffrey Standen resigned in December after a university investigation found he violated NKU\u2019s Values and Ethical Responsibilities policy and created the perception of \u201can unhealthy culture of fear, intimidation and bullying\u201d in his office. According to documents obtained by The Northerner, the investigation began in mid-November with complaints of sexual harassment by two former students and an employee of Standen. Standen has been on paid \u201cpersonal\u201d leave since Nov. 17 and will continue on leave until May 31. He will continue to be paid $260,100 for the 2017-18 year Director of Public Relations Anna Wright said the university acted \u201cswiftly\u201d to begin the investigation before the three women submitted testimonials on the case. Senior Title coordinators Ann James and Rachel Green investigated in November, and Ott Rowlands advised Standen of the findings on Dec. 7. \u2018He is very abrasive, condescending, belligerent, demeaning, demanding, and misogynistic.\u2019 \u201cThere is sufficient evidence to support a finding of an unhealthy culture of fear, intimidation, and bullying.\u201d \u2013 Memorandum from Provost Sue Ott Rowlands to Chase Dean Jeffrey Standen, December 8. Of the undisputed facts, Standen admitted to asking students to get the elevator and hold it for him and calling students into his office to sharpen pencils. He would ask students if they thought he was getting fat. The investigation ultimately found that a perception was \u201ccreated by the Dean that he does not respect employees and treats them with belittling and demeaning actions or statements, especially women.\u201d In their initial statement, one witness said she remembers Standen talking and treating her like she was stupid. When something didn\u2019t go his way, she stated that he \u201calways looked for someone to blame.\u201d The victim said Standen also remarked there are certain things women \u201ccan\u2019t do as well as men.\u201d In another statement, a different complainant reported a toxic work environment, saying that he was very controlling and narcissistic. They noted that when Standen was in the suite, people would be afraid to come in. \u201cSince he\u2019s been out, I\u2019ve had so many visitors and faculty coming by to say hi or introduce themselves. When he is there, people only whisper because they know he likes it quiet,\u201d the statement reads. Illustration by Sam Rosenstiel caught him looking down my dress on a number of occasions\u2019 \u201cThere is insufficient evidence to support a conclusion of sexual misconduct.\u201d \u2013 Memorandum from Provost Sue Ott Rowlands to Chase Dean Jeffrey Standen, December 8. The undisputed findings concluded that the dean \u201cmore likely than not hugged a student on her last day working in the office.\u201d He also asked for dance lessons and asked students to arrange books on shelves as \u201cpart of the job.\u201d Though, in one of the initial interviews, a former student worker reported that they were asked to arrange the bookshelves again, despite not working in the office for six months. The first complainant reported a similar experience. \u201cHe asked me to stand on a table, in a dress, and try to reach an air vent after he tried and failed. He\u2019s 6\u20192\u201d and am [redacted],\u201d the statement reads. \u201cHe also asked me to hold his belt loop near the front of his pants while he climbed on a chair to fix the air vent.\u201d He also asked her to put his coat on for him \u201cas a tailor would measuring for a suit.\u201d She had to run her hands over his shoulders, down his back, adjust the front of his suit jacket and tug on his sleeves, according to the statement. He also asked her to teach him how to salsa dance. When she asked him if she could apply for another position on campus that \u201cit would have been career suicide\u201d if she hadn\u2019t asked for his \u201cblessing,\u201d making her feel as if he would have kept her from getting another job on campus. The second witness\u2019 statement reported that Standen would throw paper off his desk and yell at her to pick them up because he didn\u2019t want to stand up. She stated that his occurred more often when she was wearing dresses. While overall, many people enjoyed working in the office, when Standen was in the office it felt like walking on eggshells, the second witness stated. \u201cDean Standen often asked about my personal life, specifically my romantic life. He tried to set me up with his son multiple times and once invited me to the movies with his family with the intent of meeting his son,\u201d she said in the report. She also was told to rearrange his bookshelf, saying that he made her \u201csit on the floor, climb on chairs and watched [her] the entire time.\u201d After the incident, she stopped wearing dresses or skirts to the office. On her last day at Chase, Standen called her into his office. In her statement, she said that he gifted her with a Chase Law t-shirt, but insisted that she try it on in front of him \u201cto make sure it fit.\u201d Though she convinced him that trying it on wasn\u2019t needed, \u201cit took a lot\u201d to do so. \u201cThen he gave me a lengthy hug and let me go back to my desk worked until 5 p.m. that day so had to work the last three hours just a few feet from him before he made another big deal when finally got to leave,\u201d the statement reads. The last statement, from a former student worker, reiterates experiences felt by the other two witnesses: being asked to arrange bookshelves, fix air vents and pick paper off the ground\u2013more so when wearing a skirt, dress or leggings. \u201cOver the course of a year have witnessed the Dean, Jeffery Standen, display foul behavior and treatment to those under him, especially women,\u201d the third statement reads. Illustration by Sam Rosenstiel can\u2019t imagine saying anything like that.\u2019 Standen denied during the investigation that he asked a witness to go home and get his dog\u2019s anti-anxiety medicine because they were \u201cso tightly wound.\u201d He also disputed that he said \u201cWe all know why she\u2019s in her position\u2026she looks good in photos,\u201d referring to an African-American female. In the initial interviews, one witness said when Standen received a poster on Native American Law, he told them that they could \u201cthrow that away, they are about to be extinct.\u201d Standen denies this, stating that he \u201ccan\u2019t imagine saying anything like it.\u201d In response to the second witness saying that he called her \u201choney,\u201d he denied calling the student pet names. Standen denied allegations of harassment in a letter to The Cincinnati Enquirer which first broke this story. Standen made the letter available to The Northerner on Saturday did not, even once, look down a co-worker\u2019s dress, did not adjust my crotch in anyone\u2019s presence, and did not stare at any person who was shelving books or otherwise working in my office,\u201d Standen said in the letter. He explained that the dance lesson \u201cat arm\u2019s length\u201d was a simple rehearsal for a Chase gala at which Standen was expected to waltz have always treated women with the utmost respect, and always will,\u201d Standen said. \u201cIt pains me deeply that these co-workers felt disrespected in any way.\u201d The chance to return According to the faculty handbook, a faculty member with tenure like Standen could return to the university as a full-time professor. Provost Sue Ott Rowlands told Standen he has the opportunity to return in an email on Dec. 13. \u201cShould you decide to return to the Chase faculty, you will do so beginning in fall 2018 and your salary will be 85 percent of your current salary. You will teach a full load starting that term and expectations for teaching, research and service will be the same as those for other Chase faculty. As well, the spring 2018 semester will have served as your reentry leave,\u201d Ott Rowlands told Standen in the email. Should he return, Standen would make $221,085 per year. This is an ongoing news story. If you feel uncomfortable, have been assaulted or harassed please reach out to the Norse Violence Prevention Center. The Center hours are 8:15 a.m.-4:30 p.m. To speak to someone by phone during these hours, call (859)-572-5865. To speak to someone in person, come by the office during their office hours locked in 304. The Northerner \u2022 Copyright 2025 WordPress Theme by \u2022 Log in", "7470_104.pdf": "HEIGHTS, Ky. (AP) \u2014 The dean of Northern Kentucky University\u2019s law school resigned in December in the wake of women\u2019s complaints about his behavior, but will return this fall as the university\u2019s highest-paid professor. The Kentucky Enquirer obtained complaints by an employee and two work-study students accusing Jeffrey Standen of sexual harassment and subjecting them to demeaning tasks. The university found \u201csufficient evidence to support a finding of an unhealthy culture of fear, intimidation and bullying,\u201d but determined there wasn\u2019t enough evidence for sexual misconduct. The 57-year-old told the newspaper some allegations were \u201cdefamatory and false,\u201d saying he was merely a tough boss. Standen is on a leave of absence at his current salary of $260,100. He\u2019s accepted Provost Sue Ott Rowlands\u2019s offer of a full-time job at a 15 percent pay cut. ___ Information from: The Kentucky Enquirer, Dean accused of misconduct gets new job after resigning Updated 2:48 CST, February 22, 2018 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:39 Dean accused of misconduct gets new job after resigning 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, 6:39 Dean accused of misconduct gets new job after resigning News 2/3 sues 3 Trump administration officials, citing freedom of speech 5 2/22/25, 6:39 Dean accused of misconduct gets new job after resigning News 3/3", "7470_105.pdf": "on on \u00bb Sponsorships With Guaranteed Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor He was allowed to resign from his position for 'personal reasons.' By Kathryn Rubino on February 21, 2018 Jeffrey Standen If you\u2019re a high-profile man accused of sexual harassment or other inappropriate conduct, what\u2019s your next move? It turns out resignation might be the best move. Subscribe Send Tips Share 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 1/10 We\u2019ve documented how Judge Alex Kozinski\u2019s resignation from the Ninth Circuit halted the investigation into the allegations against him, and may have been the easy way out. Now comes the story of another high-profile man \u2014 this time a law dean \u2014 who resigned from his position in the face of misconduct allegations. The twist in this case is that the man in question, Jeffrey Standen, will stay on at Northern Kentucky University Law School as a professor \u2014 and the highest paid one, at that. As reported by the Cincinnati Enquirer, multiple women who worked for Standen complained about his behavior, saying he created an uncomfortable work environment by making them bend over or otherwise display themselves and commenting on their appearance: The full-time employee reported that Standen made her stand on a table while wearing a dress to reach an air vent, and then hold on to his belt loop while he did the same. One of the student workers reported Standen would drop things and make her pick them up and made her rearrange items on the bottom and top shelves of a bookcase repeatedly \u201cand he watched me the whole time.\u201d Calculate Your Firm\u2019s Time-Saving Potential Want more time for what matters most? MyCase streamlines your firm so you can focus on winning cases. See how much time you could save with our Law Firm Time Savings Calculator\u2014try it now By The MyCase Team 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 2/10 That same woman said Standen made repeated requests for a hug on her last day and for her to try on a T-shirt in front of him. She also said he previously tried several times to set her up with his son on a date. Standen \u201cmade me uncomfortable to the point that all my friends could tell when had finished a shift there because of my mood,\u201d she wrote. \u201cDean Standen also made comments about my physical appearance that went past the norm,\u201d the complaint stated. \u201cIf didn\u2019t wear makeup or dress up he would ask if was sick then proceed to be measurably more condescending and cold than usual.\u201d All three reported that he routinely commented on their mode of dress often found that times that us girls wore dresses, skirts, or leggings seemed to be when he asked to do things in his office like arrange his bookshelves or stand on chairs to fix his vent,\u201d the third woman, a former student, wrote in her complaint. Staten denied the allegations saying am demanding of my co-workers, much as am of myself,\u201d Standen wrote was informed by university officials that it was the perception of hostility, and not hostility itself, that led to complaints. At no time did ever intentionally act with anger toward my co- workers.\u201d 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 3/10 Northern Kentucky conducted an investigation into the allegations and found that while Standen violated Northern Kentucky University\u2019s Values and Ethical Responsibilities Policy, his actions were not sexual misconduct. The report found \u201csufficient evidence to support a finding of an unhealthy culture of fear, intimidation and bullying.\u201d And a \u201c[p]erception created by Dean that he does not respect employees and treats them with belittling and demeaning actions or statements, especially women.\u201d Standen was allowed to resign from his position for \u201cpersonal reasons.\u201d He told the Enquirer, \u201cMy decision to resign had nothing to do with the investigation or the complaints. My reasons are personal and shall leave them as such.\u201d After he resigned, the Provost Sue Ott Rowlands offered him a position as a professor at the law school. (The school said it is policy to allow deans to stay at the university as professor when they resign.) That would mean a 15 percent pay cut, but still make Standen the highest paid professor making nearly $222,000 a year. He accepted the position. The university\u2019s Board of Regents says it is \u201cvery comfortable\u201d with this result: Rich Boehne, chairman of NKU\u2019s Board of Regents, said the board stands by the final outcome. Gen AI: Your Legal Research Assistant, Not Your Replacement Here's how you can spend more time practicing law, and less time sorting, sifting, and summarizing By Thomson Reuters 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 4/10 \u201cThis started with some rumors, and then the university folks proactively reached out to those potentially involved and moved very quickly to look into this,\u201d Boehne said. \u201cThe board is very comfortable with the investigation and the conclusion reached and how they handled it from there as they followed the school\u2019s policy and this was not just an arbitrary decision.\u201d So guess students should just take it on faith that Standen will not foster a similar environment of \u201cfear, intimidation and bullying\u201d in a classroom. And women should just hope he won\u2019t make any \u201cbelittling and demeaning actions or statements,\u201d because it sure doesn\u2019t look like the school is doing much to make sure it doesn\u2019t happen. Kathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1 More from Above the Law Exclusive: SingleFile Raises $9M Series To Expand Its Corporate Compliance Filing Platform 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 5/10 Big Changes Are Coming To This Leading Law Firm\u2019s Management Team, Effective Immediately Demands To Speak To The Manager About All These Annoying Lawsuits Judge Caught On Camera Confessing Killed Her. Ladies And Gentlemen Of The Jury, Convict My Ass Did It.\u2019 From the Above the Law Network The Fifth-Year Dilemma: Do Stay Or Do Go (In- House)? Peerpoint Gen AI: Your Legal Research Assistant, Not Your Replacement Thomson Reuters Law Firm Checklist For Successful Client Portals Thomson Reuters 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 6/10 Recommended Law Firm Checklist For Successful Transaction Management Thomson Reuters The Fifth-Year Dilemma: Do Stay Or Do Go (In-House)? How to make the right decision, and why there might be another way to shape a fulfilling legal career on your own terms. Dear Federalist Society: It\u2019s Time To Lay Off The Chick-Fil Who Gets To Call Themselves \u2018Professional\u2019? Law Professor Breaks Down The Licensing Scheme Law Schools Respond To The Executive Threatening To Cut Federal Funding Over Why Better Financial Acumen is the Key to Law Firm Success in 2025 From training to technology, uncover the essential steps to futureproof your law firm in a competitive By 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 7/10 Recent Jobs Partner Level Energy and Infrastructure Location: Houston posted by Kinney Recruiting International Disputes Associate (Russian Speaking) Location: London posted by Kinney Recruiting Finance Counsel Location: New York posted by Kinney Recruiting market. \ue83a \ue83a \ue83a \ue85b The Hidden Threat: How Fake Identities used by Remote Employees Put Your Business at Risk\u2014and How to Defend Against This Based on our experience in recent client matters, we have seen an escalating threat posed by the Democratic People\u2019s Republic of Korea (DPRK) information technology (IT) workers engaging in sophisticated schemes to evade and sanctions, steal intellectual property from companies, and/or inject ransomware into company environments, in support of enhancing North Korea\u2019s illicit weapons program. By George Egford, Solutions Manager, BigHand By Charles River Associates (CRA) 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 8/10 Advertising & Marketing Solutions 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 9/10 \u00a9 2025 Breaking Media, Inc. All rights reserved. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. DMCA.com COMPLIANT\u00a9 2/22/25, 6:39 Law Dean Resigns After Sexual Harassment Allegations, But Will Be Back As Highest Paid Professor - Above the Law 10/10", "7470_106.pdf": "3 women complain about law dean's behavior. He still has a job. Published 10:03 p.m Feb. 20, 2018 Updated 2:03 p.m Feb. 26, 2018 \u2013 The dean of Northern Kentucky University's law school resigned in December after three women reported he made them bend over, reach high on bookcases repeatedly and dance in front of him, among other acts that they considered demeaning. Nonetheless, Jeffrey Standen will be back this fall at Chase College of Law as NKU's highest- paid professor, making nearly $222,000 a year. Get all the news on your community. Download the app. That's because after an investigation into written complaints filed by the three women in November officials decided there wasn't enough evidence that he had engaged in sexual misconduct. The university did find \"sufficient evidence to support a finding of an unhealthy culture of fear, intimidation and bullying.\" He was allowed to resign for \"personal reasons,\" take a seven-month leave of absence at his current annual salary of $260,100 and then return in the fall records show. The complaints \u2013 by an employee and two work-study students in the dean's office \u2013 were obtained by The Enquirer through an open records request caught him looking down my dress on a number of occasions,\u201d one of the women wrote. She also said Standen would routinely adjust his crotch in front of her. Another wrote: \u201cThese experiences could be considered mild sexual harassment but consider them mostly a very hostile working environment.\u201d James Pilcher Cincinnati Enquirer 2/22/25, 6:39 Chase law dean to return as professor after says sexual misconduct not proved 1/5 Standen, 57, told The Enquirer some of the allegations were \"defamatory and false\" but declined to say which ones. According to the investigative report, he denied some of the accusations, including that he called a female student \"honey.\" He said in an email to The Enquirer that he was a tough boss but not hostile am demanding of my co-workers, much as am of myself,\" Standen wrote was informed by university officials that it was the perception of hostility, and not hostility itself, that led to complaints. At no time did ever intentionally act with anger toward my co-workers.\" The investigation only found \u201can unhealthy culture. There was no finding that was the cause of it,\u201d Standen wrote spokeswoman Anna Wright said the documents \"speak for themselves.\u201d The Standen situation has come to light as #MeToo allegations and investigations continue to surface across the country and across the Ohio River, including at the University of Cincinnati and the Cincinnati Police Department. More: Why and how Enquirer is writing about sexual harassment \u2018\u2026 And he watched the whole time\u2019 After a four-week internal investigation officials issued a report Dec. 7 finding that \"Dean Standen has violated Northern Kentucky University's Values and Ethical Responsibilities Policy.\" Among \"undisputed facts\" listed in the report: \"Perception created by Dean that he does not respect employees and treats them with belittling and demeaning actions or statements, especially women.\" The report says Standen acknowledged that he asked for a dance lesson and made student workers \"arrange books on bookshelves, part of the job.\" The full-time employee reported that Standen made her stand on a table while wearing a dress to reach an air vent, and then hold on to his belt loop while he did the same. One of the student workers reported Standen would drop things and make her pick them up and made her rearrange items on the bottom and top shelves of a bookcase repeatedly \"and he watched me the whole time.\" 2/22/25, 6:39 Chase law dean to return as professor after says sexual misconduct not proved 2/5 That same woman said Standen made repeated requests for a hug on her last day and for her to try on a T-shirt in front of him. She also said he previously tried several times to set her up with his son on a date. Standen \u201cmade me uncomfortable to the point that all my friends could tell when had finished a shift there because of my mood,\u201d she wrote. \u201cDean Standen also made comments about my physical appearance that went past the norm,\" the complaint stated. \"If didn\u2019t wear makeup or dress up he would ask if was sick then proceed to be measurably more condescending and cold than usual.\" All three reported that he routinely commented on their mode of dress often found that times that us girls wore dresses, skirts, or leggings seemed to be when he asked to do things in his office like arrange his bookshelves or stand on chairs to fix his vent,\" the third woman, a former student, wrote in her complaint. The two former students' initial written complaints are the only details the report includes from those women. That's because the investigators \u2013 Ann James, NKU's senior associate dean of students, and Rachel Green, director of employee relations \u2013 did not interview them. Two additional witnesses told investigators that they either experienced or saw Standen make female students pick up objects that he dropped such as papers or pencils. The three women who made the complaints declined interview requests by The Enquirer through an intermediary who said they were afraid of possible retribution Jeffrey Standen Investigation Documents resignation, and then a new job NKU's finding of an \"unhealthy culture\" came in a memo from Provost Sue Ott Rowlands to Standen dated the same day as the report. Standen resigned as dean of the law school the next day. About a week later, Ott Rowlands accepted the resignation, effective June 1. She offered Standen a full-time teaching job this fall with a 15 percent pay cut, and Standen accepted. But Wright declined to discuss why Standen is being allowed to remain as an employee or didn't face more discipline, saying it was a \"personnel matter.\" After initial publication of 2/22/25, 6:39 Chase law dean to return as professor after says sexual misconduct not proved 3/5 this story, she said it's school policy to allow deans to remain on faculty when they resign their leadership position since they are fully tenured. Neither the nature of the complaints nor the investigation was ever made public by officials. Standen declined to say why he resigned. \u201cMy decision to resign had nothing to do with the investigation or the complaints,\" he told The Enquirer. \u201cMy reasons are personal and shall leave them as such.\u201d Standen came to in 2013 after a long stint as a law school professor at Willamette University in Oregon. Willamette, a private school, declined to release Standen\u2019s personnel records there. Chase's results improved under Standen. Graduates passed the Kentucky bar exam at the highest rate among Kentucky law schools for the second straight year in 2017 board 'very comfortable' with conclusion Rich Boehne, chairman of NKU\u2019s Board of Regents, said the board stands by the final outcome. \u201cThis started with some rumors, and then the university folks proactively reached out to those potentially involved and moved very quickly to look into this,\" Boehne said. \u201cThe board is very comfortable with the investigation and the conclusion reached and how they handled it from there as they followed the school\u2019s policy and this was not just an arbitrary decision declined to make senior officials such as interim President Gerard St. Amand, incoming President Ashish Vaidya or Provost Ott Rowlands available for interviews. Wright said the investigation into the complaints against Standen was \u201cthorough.\u201d The two work-study students were not interviewed by because they \u201cdid not provide contact information for a follow up and are no longer on our campus.\u201d She said school officials were not concerned with Standen\u2019s return as a teacher because there have not been any reports concerning his behavior in that capacity. Chase's two associate deans are serving as co-interim deans until a full-time replacement is found. 2/22/25, 6:39 Chase law dean to return as professor after says sexual misconduct not proved 4/5 Ott Rowlands informed the rest of the law school about the resignation at a meeting in December but did not give details of the investigation. According to meeting minutes, Ott Rowlands stated that \u201chad there been anything illegal or unethical his employment would have been terminated.\u201d Retired Ohio First District Court of Appeals Judge Sylvia Hendon, a member of Chase law school's advisory board and an alumna, said she and the rest of that board weren't told about the circumstances surrounding Standen's resignation, either am surprised and disappointed because my dealings with the Dean were nothing less than 100 percent professional,\" Hendon wrote in an email to The Enquirer. The Standen situation is not NKU's first high-profile case involving accusations of misconduct toward women. Last year, the school settled with a former student known as Jane Doe for nearly $1 million after she sued the school. The woman alleged officials ignored her claims that a male student who had sexually assaulted her was still allowed to menace her on campus and that the school did nothing about it. One of the officials who was involved with that case was Ann James, an investigator on the Standen case. More basketball team faced sexual behavior concerns in 2015 And The Enquirer reported in 2016 about an adjunct philosophy professor who had been allowed to keep teaching after two separate sexual harassment complaints against him by students. The professor, Dennis Miller, was not rehired for the following semester. 2/22/25, 6:39 Chase law dean to return as professor after says sexual misconduct not proved 5/5"}
7,826	Henri Grissino-Mayer	University of Tennessee	[ "7826_101.pdf", "7826_102.pdf", "7826_103.pdf", "7826_104.pdf", "7826_105.pdf" ]	{"7826_101.pdf": "Longtime professor resigns amid probe of sexual misconduct accusations by current, former students Published 5:00 a.m Sept. 27, 2018 longtime professor at the University of Tennessee, Knoxville has resigned after the university \"received a series of reports about inappropriate conduct (including some reports of sexual misconduct)\" and that he was having \"an intimate relationship\" with a student, according to his personnel file. The reports about Henri Grissino-Mayer, a well-known geography professor at for more than 30 years and director of the Laboratory of Tree Ring Science, include a recent accusation he was having a sexual relationship with a student. Other reports describe inappropriate conduct and sexual misconduct, reported by current and former students, according to Grissino-Mayer's file, provided to the News Sentinel after an open records request. An investigation by the Office of Equity and Diversity at is underway Director Jenny Richter received the initial report Aug. 7. Within a day of receiving the report of recent misconduct, Richter received by email a packet of reports describing further misconduct, David Manderscheid, provost and senior vice chancellor, wrote in a Sept. 25 letter to several faculty members, including Dean of the College of Arts and Sciences Theresa Lee, Geography Department Head Ron Kalafasky and Director for the Office of Title Ashley Blamey. Manderscheid accepted Grissino-Mayer's resignation Sept. 7. Richter did not respond to requests for comment. Monica Kast Knoxville 2/22/25, 6:40 professor resigns amid sexual misconduct investigation 1/4 Provost: Abuse of position and power \"These reports describe a pattern of abusing his position and power as a tenured full professor with an active research program, a well-funded laboratory ... and a steady pipeline of high-achieving graduate students,\" Manderscheid wrote. \"Because Dr. Grissino-Mayer's conduct has been so egregious, many of us have struggled with whether the university should accept his resignation. After careful review of the competing concerns concluded that the most compelling interests are those of his current and former students,\" Manderscheid continued in the letter. Accepting the resignation eliminates having to hold termination proceedings in which students would be deposed or cross-examined, he wrote. \"In summary decided that cannot in good conscience refuse to accept Dr. Grissino- Mayer's resignation even though it might be satisfying to terminate him formally for adequate cause,\" Manderscheid wrote. 'Resignation in lieu of termination' Grissino-Mayer's departure will be listed as \"resignation in lieu of termination,\" and he is not eligible for tenure or rehire at UT. Additionally, Grissino-Mayer will not be allowed to hold the title of professor emeritus and \"will not be entitled to retiree privileges\" typically given to tenured professors. \"Going forward you may refer to yourself as a former member of the faculty or 'Professor, Retired,' but you are not permitted to claim any ongoing affiliation with the University,\" Manderscheid wrote. Grissino-Mayer, whose annual salary was $115,156, did not respond to the News Sentinel's multiple requests for comment. He will receive his regular pay through his last day and will receive whatever retirement benefits he has accrued, according to Tyra Haag, director of media relations at UT. Grissino-Mayer was placed on administrative leave with pay Aug. 8, pending the outcome of an Office of Equity and Diversity investigation into \"an intimate relationship\" with a student, according to his file. 2/22/25, 6:40 professor resigns amid sexual misconduct investigation 2/4 On Aug. 31, Grissino-Mayer sent a letter to the geography department head, Ron Kalafsky, tendering his resignation, effective Oct. 1. \"It is with deep sadness that write this letter to inform you that have made the difficult decision to tender my resignation. ... Many factors went into this decision \u2014 it was not made lightly, nor was it made without carefully consulting with my wife and family here in Knoxville, and especially my parents and family in my hometown in Athens, Georgia,\" he wrote, in part. No contact with students allowed Grissino-Mayer has been given a no-contact order for his current and former students, and is not allowed on property without prior approval from the university. If he is on campus property, a police escort and university official also will be present, according to Manderscheid. The investigation into Grissino-Mayer's relationship with a student is ongoing, and will continue after his resignation. Haag said the university was not able to comment because of the ongoing investigation. On Aug. 10, Grissino-Mayer met with several faculty members, where he \"admitted not only to violating the University's policy, but also admitted that he knew he was violating the policy at the time of his misconduct,\" according to his personnel file. Grissino-Mayer's relationship with a student is in violation of the Faculty Handbook section 2.2.6. The handbook states that \"amorous or sexual relationships between a faculty member and a student are prohibited when the faculty member has professional authority over, or responsibility for, the student.\" The handbook goes on to say that relationships between a professor and a student they do not have direct authority over are also \"strongly discouraged.\" When reached for comment, Kalafsky, chairman of the geography department, said he could not discuss personnel matters. Grissino-Mayer was the director of the Laboratory of Tree Ring Science and was considered an expert on the subject. He was consulted during the Gatlinburg wildfires in 2016, and continued to speak on the wildfires throughout the next year. 2/22/25, 6:40 professor resigns amid sexual misconduct investigation 3/4 Provost do not believe he will change his ways' Grissino-Mayer also faced controversy in 2011 when he married a former student conducted an investigation into his relationship with that student, but Grissino-Mayer was still employed by the university. At the time of the investigation, it was recommended that Grissino-Mayer be denied a merit raise, complete sexual harassment policy training and end contact with the student. \"We know that he did not learn from his past mistakes, having disrupted our community before when he engaged in a sexual relationship with a student [redacted],\" Manderscheid wrote. \"He has already taken more of our collective time and energy than he deserves, and do not believe he will change his ways.\" \"He has already taken more of our collective time and energy than he deserves, and do not believe he will change his ways.\" \u2014 Provost David Manderscheid The lab and building Grissino-Mayer worked in \"have been re-keyed to provide secure access for students ... so they can continue their work without threat of interruption by Dr. Grissino- Mayer,\" according to the Sept. 25 letter from Manderscheid. Grissino-Mayer's classes have been reassigned to other professors, and students have been provided with counseling resources. Additionally, websites linking to his past and present work have been taken down for review, research officials are \"addressing issues of authorship between Dr. Grassino-Mayer and his students,\" and thesis and dissertation committees have been reconstituted. 2/22/25, 6:40 professor resigns amid sexual misconduct investigation 4/4", "7826_102.pdf": "21\u00b0 Knoxville \uf0c9 News Watch Live First Alert Weather Details of allegations against a disgraced former University of Tennessee professor have been revealed in a report from the Office of Equity and Diversity. Previous story Professor resigns after accusations of sexual misconduct University of Tennessee investigators said they learned that Henri Grissino-Mayer, a former professor in the geography department created a \"toxic\" culture in his lab according to students and witnesses. Students testified that there was \"sexual tension\" in his classroom as he chose favorites to single out. Others said their work often suffered due to precedent being given to Grissino-Mayer's favorite student. At the time, some students said they resented the favorites, but later realized they were also victims of sexual harassment. The report identifies several incidents in which the professor allegedly behaved inappropriately including one in which he \"licked a female student's face from chin to forehead,\" engaged in wrestling with a female student while wearing underwear, and dozens of others. Report: Former professor created \"atrocious experience\" for students Henri Grissino-Mayer is accused of cultivating a toxic culture through inappropriate conduct on campus / Source: (WDEF) (WVLT) By News Published: Aug. 20, 2019 at 3:03 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 1/6 Students reported that Grissino-Mayer's position of power made them feel afraid to speak up against him due to his influence in the field. Male students reported that they were treated differently and expected to \"cover\" for Grissino-Mayer's treatment of their female classmates. The report describes another incident in which one witness reported the inappropriate behavior received a very negative review from Grissino-Mayer. Grissino-Mayer allegedly told the student that he wrote a poor reference due to the student's refusal to conform in covering up for his inappropriate behavior. One student described a sincerely held belief that harm caused by Grissino-Mayer's behavior extends far beyond the lab saying, \"You can leave the lab, but you can't leave the lab.\" Another student told investigators, \"So many women have had to endure his harassment and the stigma that comes with working for a man that has a reputation of sleeping with his students. Whether you did or did not [sleep with Grissino-Mayer], people in the community will assume that you slept with your advisor to make it through your degree.\" Several male students reported putting intentional distance between themselves and Grissino-Mayer to make sure their reputation would not be soiled by his. Several bystanders expressed regret for not speaking out and reported a culture of \"be quiet so you can graduate.\" \"For too long remained quiet on these issues,\" said one student. \"Now know that my silence has in part allowed students to be more directly and negatively impacted than was.\" Others reported that they remained quiet out of fear of what could happen to her and others if she spoke up. According to the report, one person referred to Grissino-Mayer's behavior as \"the worst kept secret of Geography.\" \"These things, these events can't say they didn't happen think they're embellished,\" Grissino-Mayer told investigators. He claims that he does not have a reputation for retaliation or trying to dissuade anyone from considering anyone's work. Grissino-Mayer acknowledged to investigators that there were tense moments in the lab, but says that some students butted heads and that cliques formed that caused the tension. He denied that his relationships with any student led to the discomfort. In light of the report, University of Tennessee Chancellor Donde Plowman said they plan to take measures to prevent this from happening on campus letter from the Chancellor's Office said there will be an internal review of the investigative process, they will work to expand the culture of Vols help Vols, and provide resources to address issues that put graduate students at risk of sexual harassment. Villas Dubai \| Search Ads \| Sponsored Tips and Tricks \| 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 craft and enjoy. Join now for Free Play Now Owning Villa In Dubai Might Not Be As Costly As You Think Your fingers can tell you a lot about your personality. What kind of fingers do you have? Hair Loss \| Search Ads \| Sponsored Shocking Prices! Hair Loss Treatment in Dera Bakha Is More Affordable Than Ever! Learn More \uf057 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 2/6 Most Read Luxury Sofa \| Search ads \| Sponsored Amusement Park Equipment \| search ads \| Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices \uf144 Road collapses in Anderson County Nebraska backs out of upcoming football series with Tennessee \uf144 Wingstop employee throws hot oil at customer, police say \uf057 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 3/6 Latest News Woman dies after tent catches fire in Townsend, sheriff\u2019s office says \uf144 Family remembers Morgan County Sheriff Wayne Potter \uf144 Target is being sued for its 2023 Pride Month collection \uf144 Frigid Friday with a warming trend ahead returns to normal operations after request from to limit power usage \uf144 Construction moves forward on new Pigeon Forge Fire Department headquarters \uf144 French bistro opens in downtown Sevierville \uf057 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 4/6 \uf144 Pancakes celebrated in Gatlinburg this week honoring a pancake patriarch The sunshine pops out for the weekend, but it stays cold \uf144 Accumulating snowfall Wednesday as colder weather stays to end the work week Free program trains businesses to be involved in fight against human trafficking \uf144 \uf144 Slow warming trend through early next week Highway reopens after pedestrian hit in Loudon County, sheriff\u2019s office says \uf057 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 5/6 Public Inspection File Public Inspection File [email protected] - 865-450-8888 Terms of Service Privacy Policy Applications Statement Closed Captioning/Audio Description 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 First Alert Weather Sports Video Support Local Businesses 6450 Papermill Drive Knoxville 37919 (865) 450-8888 2/22/25, 6:40 Report: Former professor created \"atrocious experience\" for students 6/6", "7826_103.pdf": "Quotable... Fraud rarely occurs when strong controls and oversight are in place. Having trouble viewing this email? View it in your browser. Case in Point: Lessons for the proactive manager August 2019 Vol. 11 No. 08 Subscribe! Last month we discussed the topic of occupational fraud in higher education, and stated in the column, ''Fraud rarely occurs when strong controls and oversight are in place certainly can attest to this being true in the cases we have investigated over the years. In addition, the Association of Certified Fraud Examiners publishes a report on the topic every two years listing the top reasons that occupational fraud was able to occur: 1. Lack of internal control 2. Lack of management review 3. Override of existing controls 4. Poor tone at the top 5. Lack of competent oversight All five are control related issues. Therefore thought this month would be a good time to expand on what we mean by controls and offer some advice in this area. Controls are simply the things we do to ensure we are successful in achieving our objectives. Certainly, we have an objective to prevent fraud in our organization (though it may not be written down). The actions we take to achieve that objective are all internal controls. You implement controls in your personal life every day. For example, most people lock their doors when they leave their house. This is a control activity used to achieve your objective of preventing your property from being stolen. When speaking on the topic of internal controls used to include my top ten suggestions for improving internal controls, but lately I've narrowed the list to five: 1. Never let one person have complete control of a process. You effectively have no control if you do. 2. Follow your intuition. Ask a question if something seems ''off.'' 3. Don't sign something you don't understand. Proper management oversight means asking questions. 4. Make sure reconciliations are being done and reviewed by someone other than the reconciler. 5. Consider the example you are sending to other people. ''Social proof'' impacts internal controls in a powerful way - people follow your example for good or ill. 2/22/25, 6:40 Case In Point 1/12 Controls can be used to manage almost all the risks we see each month in our links. We invite you to review the events happening throughout higher education with a view toward strong controls, oversight, and proactive risk management. As always, we welcome your comments and suggestions. M. Kevin Robinson Associate Vice President Office of Audit, Compliance & Privacy Follow us onTwitter Information Security & Technology Events Aug 27: Cyberattack: Regis University in Denver has shut down its computer, phone and email systems because of a cyberattack that it says probably came from outside the United States. The Denver Post reports the private Catholic school disconnected its networks Thursday and set up another website to keep students and faculty informed. University officials declined to say whether it was a ransomware attack. They said they're still investigating. (link) Aug 19 Data Breach: Arizona State University has notified 4,000 students that their email addresses \"were accidentally revealed\" in a large data breach told the students on Aug. 16 it happened in late July when a university office sent bulk emails about renewing health insurance coverage without masking the identities of the recipients. This unintended action is considered a data breach under the Health Insurance Portability and Accountability Act (HIPAA). (link) Aug 16: Health Information Breach: Michigan Medicine is notifying approximately 5,500 patients about a phishing email campaign that may have exposed some of their health information. During the campaign, emails containing a malicious link were sent to over 3,200 Michigan Medicine employees. If the link was clicked, employees were directed to a webpage that looked like a legitimate site requesting the username and password for their email account. In July 2019, three employees clicked into this email, resulting in the perpetrator gaining access to the employees' email accounts. The accounts were then used to continue to send additional phishing emails. Michigan Medicine discovered the compromised accounts on July 9 and July 12. (link) Aug 10: Website Hack: Multiple websites affiliated with the University of Florida student government association were hacked early Saturday. Information on the sites was replaced with obscenities and a political message. The twitter user claiming responsibility, @VandaTheGod, has hacked many other local government and university websites in multiple countries. The sites were restored around 4p.m. Saturday. (link) Aug 01: Pearson, the world's largest education publisher, has notified its customers of a data breach that has affected approximately 13,000 school and university accounts, exposing the personal information of an unknown number of students. The breach, which exposed names, birthdays and email addresses of students, primarily in the U.S., was brought to the attention of Pearson administrators by the Federal Bureau of Investigation back in March 2019, the Wall Street Journal reported on Wednesday. (link) 2/22/25, 6:40 Case In Point 2/12 Fraud & Ethics Related Events Aug 28: Fraud: The former controller at the College of New Rochelle will spend time behind bars and repay millions after admitting to doctoring the school's books by nearly $34 million dollars, forcing the 115-year-old institution to close its doors. Keith Borge, 62, of Valley Cottage, has been sentenced to three years in prison, $25,000 in fines and will pay restitution that reaches as much as $13.2 million after pleading guilty securities fraud and failure to pay $20.4 million in payroll taxes. (link) Aug 29: Fraud college student was arrested on August 28 after allegedly committing fraud and attempted fraud while working at an on-campus restaurant in April 2019, according to a probable cause affidavit. Police learned that Katherine Jin, 20, was a student at the University of Notre Dame as well as an employee at an on-campus Au Bon Pain restaurant from January 20, 2018 to May 24, 2019, court documents said. (link) Aug 23: Academic Misconduct former Mississippi State student and part-time athletics department tutor committed academic misconduct in an online general chemistry course to aid 10 football student-athletes and a men's basketball student-athlete, according to a negotiated resolution agreement approved by a Division Committee on Infractions panel. The university and the enforcement staff agreed that the former tutor completed multiple assignments, exams and, in some instances, nearly the entire course for student-athletes. The university determined the activity violated its academic misconduct policy. (link) Aug 23: Research Misconduct: The University of Kentucky says two of its professors and a research scientist are responsible for 'significant research misconduct' after it conducted an internal investigation. The university announced Friday that it will seek the termination of professors Xianglin Shi and Zhuo Zhang in the Department of Toxicology and Cancer Biology in the College of Medicine as a result of the investigation has already fired research scientist Donghern Kim, who worked in Zhang's lab. (link) Aug 22: Embezzlement: Former University of New Mexico athletic director Paul Krebs, who left in 2017 amid questions over spending, has been indicted in connection with a lavish 2015 golf trip to Scotland that was partly paid for with state funds, according to court documents filed Wednesday. The indictment filed in state district court charges Krebs, 63, with embezzlement over $20,000 for using $24,500 in school money to pay for three people not affiliated with the university to go on the trip. He also is charged with lesser embezzlement counts, larceny, and tampering. (link) Aug 21: Wire & Program Fraud University of Kansas associate professor on Wednesday was indicted on federal charges alleging he concealed he worked for a Chinese university while doing U.S. government-funded research. Feng \"Franklin\" Tao, 47, of Lawrence, who taught chemical engineering and chemistry at KU's Center for Environmentally Beneficial Catalysis, is charged with one count of wire fraud and three counts of program fraud. The Kansas Board of Regents requires faculty and staff of its universities to file a conflict of interest report when they are hired and every year afterward for as long as they are employed. (link) Aug 21: Research Grant Fraud former Georgia Tech professor has pleaded guilty to federal charges accusing him of defrauding the National Science Foundation out of nearly $40,000. Maysam Ghovanloo,46, had been employed by Georgia Tech for 12 years, according to his profile on LinkedIn.com. In 2012, he founded Bionic Sciences, an organization that bills itself as a medical device developer and designer. Prosecutors said Ghovanloo submitted forms with fake and fraudulent information in order to obtain the federal research grant. (link) 2/22/25, 6:40 Case In Point 3/12 Aug 16: Workplace Injury Fraud former employee of City College of San Francisco is facing several felony charges for allegedly misrepresenting injuries she suffered while on the job, the District Attorney's Office announced Friday. Marta Betancur, 64, of Antioch has been charged with attempted perjury and filing a false or fraudulent claim, among other charges. Betancur was arraigned Wednesday on the charges and entered a plea of not guilty, prosecutors said. (link) Aug 14: Theft University of Minnesota employee who pleaded guilty to stealing university computers and selling them was sentenced Wednesday. Court records show Michael James McDaniel, 35, of Lilydale, was convicted of two counts of theft by swindle after pleading guilty to the counts in June. According to a criminal complaint, a of human resources employee noticed a discrepancy in newly-purchased computers involving McDaniel in October 2018. The complaint states it appeared he was buying computers for his department through the university bookstores but not registering them through IT. (link) Aug 14: Embezzlement former St. Louis Community College employee admitted in federal court to embezzling millions of dollars from the college over the last 20 years Attorney Jeffrey Jensen said Wednesday. According to prosecutors, Donald Robison stole millions in state job training funds between August 1998 and November 2018 and moved the money between bank and investment accounts. (link) Aug 08: Conflict of Interests: William Roper, the interim president of the University of North Carolina system and former longtime of the Health Care System, failed to disclose his seats on the boards of major corporations between 2011 and 2019, at the same time as those corporations did business with the state, records show. Records show the corporate boards seats have been lucrative. The omissions on Roper's forms came as the companies on whose boards he sat conducted business with the state and engaged in research with and received patient referrals from the Health Care System. (link) Compliance/Regulatory & Legal Events Aug 27: Sexual Assault/Public Records lawyer for the University of North Carolina at Chapel Hill told the state Supreme Court Tuesday that campus officials should have the authority to decide whether to release details about how it disciplined students implicated in sexual assault cases. In its appeal before the justices, the university is seeking to overturn a unanimous decision by the N.C. Court of Appeals, which ruled in April 2018 that must turn over records containing the names, violations and sanctions imposed on anyone at the university found responsible for rape or sexual assault. (link) Aug 29: Sexual Misconduct & Retaliation Lawsuit federal judge Wednesday declined to dismiss a lawsuit against the University of Rochester alleging sexual misconduct and retaliation related to brain and cognitive sciences professor Florian Jaeger slate of Jaeger's current and former colleagues and students, led by Jessica Cantlon and Celeste Kidd, sued in 2017 alleging a coverup and retaliation over Jaeger's improper behavior university-commissioned report largely exonerated the school, but the case in federal court remains very much active. (link) Aug 27 Arrest/Resignation Division 1 men's college basketball head coach has reportedly stepped down from his position following his reported arrest on Monday. Jason Gardner, a 38-year- old head coach at IUPUI, has reportedly resigned from his head coaching position. The former Arizona Wildcats star point guard was arrested on charges on Monday morning. (link) 2/22/25, 6:40 Case In Point 4/12 Aug 27: Sexual Harassment: By the time officials at the University of Illinois' flagship campus in Urbana-Champaign found that an assistant professor in the College of Veterinary Medicine had engaged in sexual harassment, three women had come forward to raise concerns about his behavior. All three said he had showed up at their homes uninvited. (link) Aug 27: Sexual Harassment: Following allegations of sex-based discrimination and sexual harassment that the Deseret News reported earlier this year, a professor at Utah State University Eastern in Price has been placed on administrative leave, university spokesperson Tim Vitale confirmed on Tuesday. Tyson Chappell is a professor of biology who taught anatomy and physiology classes at the university. This is the latest in a series of actions Utah State University has taken since last year that involve faculty members accused of misconduct. Colleges across the country have grappled with how to keep students safe while being fair to teachers who face allegations of sex-based discrimination. (link) Aug 26: Whistleblower Lawsuit former team doctor for Penn State is suing the university and football Coach James Franklin, claiming Franklin pressured him about clearing injured players to return to the gridiron. Dr. Scott A. Lynch claims in a lawsuit filed in Dauphin County Court that Franklin repeatedly tried to influence his decisions regarding whether hurt players were fit to play. He is seeking more than $50,000 in damages from the university in his suit. He claims Penn State officials violated his rights as a whistleblower. (link) Aug 26: Discrimination & Retaliation: University of Arizona President Robert Robbins gave a $850,00-a-year job to a longtime friend last year despite warnings from a cabinet member that the candidate wasn't suited for the position, a legal document filed with Robbins' employer claims. The notice of legal claim, a precursor to a lawsuit, says Robbins hired Dr. Michael Dake to oversee the UA's medical schools although search committee co-chair told Robbins the hire would be a grave mistake that \"could very likely cost you your presidency.\" The claim, dated May 9, was filed earlier this year with the Arizona Board of Regents on behalf of former health-care executive Anthony DeFranceso. (link) Aug 25: Bias & Right to Privacy Lawsuit: An international student is suing Penn State for allegedly depriving him of a fair student conduct hearing, according to a lawsuit filed on Monday. The student, identified as John Doe in the complaint, stated he had a contentious relationship with Penn State Law Professor Jud Mathews, and that the university unfairly sided with Mathews during a student conduct hearing held to evaluate the incidents that occurred between Doe and Mathews. Additionally, Doe claims his right to privacy was violated as the university allegedly accessed information from a confidential phone conversation he had with Penn State Counseling and Psychological Services. (link) Aug 25: Title Lawsuit: An unnamed former assistant professor of economics accused Baylor University of gender-based discrimination in a Title lawsuit filed Aug. 9. In the lawsuit, John Doe alleges Baylor found him guilty of sexual misconduct on the basis of his male gender. The lawsuit claims Baylor compensated for recent sexual assault scandals by enacting a \"university-wide culture of anti-male bias and intimidation inconsistent with its stated Christian principles.\" Doe alleges he was terminated from his position as a result of this culture following accusations of sexual misconduct. (link) Aug 24: Overturned Title Suspension Boston College student had his suspension for an alleged sexual misconduct incident temporarily overturned by a federal judge on Tuesday. The student, identified only as \"John Doe\" in court documents, filed a civil suit against the University on July 29 in which he alleged that he was deprived of a fair process during BC's disciplinary proceedings involving him this spring.This appears to be the first time a court has overturned a suspension issued by the University. The court order says that Doe should be allowed, \"without limitation\" to register for classes this fall. Doe will also be allowed to participate fully in all University activities. (link) 2/22/25, 6:40 Case In Point 5/12 Aug 24: Breach of Contract: An professor is suing the Board of Regents for breach of contract. According to case information on the Oklahoma State Courts Network, Honors College adjunct David Long is suing the board for civil relief of over $10,000. The case was filed Aug. 23. This case is one of multiple being brought against the university, as three cases were filed in the spring for discrimination. (link) Aug 23: Admissions Scandal Subpoena: In a new twist to the college admissions scandal, a father accused of resorting to fraud and bribery to get his daughter into has subpoenaed the university for records detailing its admissions process and to what degree, if any, it is influenced by donations. The subpoena is an early indication that parents charged in the college admissions scam intend to take aim at a sensitive -- and to this point secretive -- calculation: how presumably meritocratic decisions on whom to admit or reject can be weighted by an applicant's wealth. (link) Aug 22: Admissions Scam Resignation: The Wake Forest women's volleyball coach named in a scheme to help get wealthy children into elite schools has resigned. The school on Thursday announced the resignation of William Ferguson. He says in a statement that \"it's essential that step aside\" to allow the program to move forward while he focuses on the case and his family. Federal prosecutors allege a college counseling business directed money to the program and a camp controlled by Ferguson in exchange for help getting a student admitted. (link) Aug 22: Enrollment Discrimination: New College of Florida discriminated against applicants who disclosed mental health disorders, a history of abuse or a disability in their application essays, according to a report issued Thursday by the State University System's Office of Inspector General. Investigators looked into the college's recently implemented practice of \"flagging\" applications in which prospective students describe such issues in their essays. (link) Aug 20: Sexual Assault Yale Medical School professor sexually assaulted five students at a research facility he operated on the island of St. Kitts, beginning in 1994, and Yale University's policies and procedures failed to stop the abuse, according to an investigation commissioned by the university. Dr. D. Eugene Redmond Jr., who retired in 2018 when he learned that he was being investigated, had been a member of Yale's faculty since 1974. He claimed that he had shut down an internship program on the Caribbean island after three students complained of sexual misconduct and harassment in 1994, but again recruited students between 2001 and 2017, according to the report of the investigation, which was released Tuesday. (link) Aug 20: Discrimination Lawsuit lawsuit has been filed against the University of Houston that accuses the school of discrimination and failure to properly post its head football coaching position. In a suit filed Aug. 15 in Harris County District Court, Dr. Kevin Simms claims African-American candidates, including himself, were not afforded the opportunity to apply for the job because it was never posted, as required by state law. (link) Aug 20: Sexual Misconduct Report: Details of allegations against a disgraced former University of Tennessee professor have been revealed in a report from the Office of Equity and Diversity. University of Tennessee investigators said they learned that Henri Grissino-Mayer, a former professor in the geography department created a \"toxic\" culture in his lab according to students and witnesses. Students testified that there was \"sexual tension\" in his classroom as he chose favorites to single out. Others said their work often suffered due to precedent being given to Grissino- Mayer's favorite student. (link) Aug 19: Bullying, Discrimination Allegations: An investigative report from the University of Louisville found credible allegations of bullying, discrimination and mistreatment against fired men's tennis coach Rex Ecarma, according to records obtained by the Courier Journal. The three-month investigation, conducted by the school's University Integrity and Compliance Office and employee relations department, led of to fire Ecarma on Friday following his 29-year coaching career with the Cardinals. Among the findings were that Ecarma pressured athletes to play through injuries, 2/22/25, 6:40 Case In Point 6/12 forced them to play outdoors in near-freezing temperatures and made discriminatory jokes about players' ethnicities and women. (link) Aug 19 Lawsuit Settlement: The University of Colorado Boulder has settled a lawsuit with a former graduate student who alleged the university discriminated against her because she suffered medical issues while working in the Armory building on campus. The suit, brought by Murray Meetze in federal court, was settled for $5,000 last week. Meetze had originally sued for lost wages. (link) Aug 15: Graduate Workers Rights Lawsuit: Lawyers representing the University of Missouri are asking a Missouri appeals court to rehear a case over the employment status of graduate workers or for the state Supreme Court to take up the case. The university filed a motion asking for the rehearing or transfer Wednesday after the Western District Court of Appeals ruled last month that graduate workers are employees under legal definitions and entitled to collective bargaining rights. (link) Aug 15: Wrongful Death Lawsuit Update: Court papers allege Wake Forest University administrators ignored warnings from a school police officer who oversaw special events, and the university recklessly decided to reduce police presence at large campus events, leading to the fatal shooting of a Winston-Salem State University student on the campus last year. University officials should have known that their decision could have resulted in an unsafe environment for students at campus events, such as the one at The Barn that football player Najee Ali Baker attended on Jan. 20, 2018, an attorney for Baker's mother argues. (link) Aug 15: Attempted Assault Charge Michigan State football athletic trainer is accused of attempted sexual assault, domestic violence and lying to a police officer, court records show. David Jager, 39, was charged with using violence against women in two Ingham County district courts spokeswoman Emily Guerrant said Thursday evening that Jager is still employed by the university but has been on paid administrative leave since March 2018. She could not comment on the reason. Jager is accused of assaulting his girlfriend at Spartan Stadium in August 2015 and lying about it, according to East Lansing 54B District Court records. (link) Aug 14: Human Research Compliance: An anonymous whistleblower is claiming that San Diego, one of the top research universities in the world, is putting at risk thousands of people each year because it's not following basic rules meant to protect human research subjects and values grant funding over safety. The letter criticizes UCSD's Human Research Protections Program, which ensures university researchers follow ethical and legal guidelines when conducting studies with human participants. (link) Aug 14: Negligence Linn County jury Wednesday found the state of Iowa caused the death of Iowa State University student Dane Schussler, who went to the university's counseling center for mental health issues and died by suicide Nov. 9, 2015. The jury also found Schussler shared in the fault with the state, assessing each with 50 percent of the responsibility. Schussler, after five counseling sessions at the counseling center, killed himself on Nov. 9, 2015. His body was found on railroad tracks in Ames. (link) Aug 12: Discrimination & Breach of Contract Lawsuit former lecturer at the Baylor University School of Music claims in a lawsuit that school officials discriminated against him and breached a contract while snubbing him for tenure and firing him. Lawrence Streetman, who now lives in Richmond, Kentucky, is seeking $700,000 in damages, including lost tuition for his children, in his lawsuit against Baylor, filed last week in Waco's 74th State District Court. Streetman's lawsuit alleges Baylor violated the Americans with Disabilities Act and the Texas Whistleblower Act, breached its contract with him and made \"misrepresentations\" to him. (link) 2/22/25, 6:40 Case In Point 7/12 Aug 12: Nassar Scandal Investigation Resolution: The U.S. Department of Health and Human Services' Office for Civil Rights announced Monday it had reached a voluntary agreement with Michigan State University, resolving an investigation it started in the wake of the Larry Nassar scandal. The Office for Civil Rights and the Health Team entered into a three- year agreement that requires the university to submit revised policies and procedures to ensure patients and staff are not discriminated against on the basis of sex, identify a \"health care civil rights specialist\" for each clinic, employ a dedicated health care investigator in the Office of Institutional Equity and institute a Title training program for all Health Team staff. (link) Aug 11: Legal Defense Costs: Former Michigan State University president Lou Anna Simon's multiple appearances in court have cost the school more than $672,000 as of June 19, according to invoices provided through a public records request. Simon is charged with lying about when she learned of a 2014 sexual assault complaint against convicted sex offender Larry Nassar. Because of the university's indemnification policy, it is providing attorneys for Simon as well as three employees and a trustee who are serving as witnesses in the Michigan Attorney General's case. (link) Aug 09: Universities' Handling of Sexual Assault ruling this week by the federal 1st Circuit Court of Appeals could be the key to landing the issue of how universities handle sexual assaults before the U.S. Supreme Court. At the very least, the ruling pumps the brakes on the fast-moving train of judicial decisions favoring those accused of sexual assaults and claiming their due process rights have been violated by not being allowed to personally cross-examine their accusers. \"In theory, this opens the way for a ... petition to the Supreme Court,\" said K.C. Johnson, a professor at Brooklyn College. (link) Aug 08: Sexual Abuse Allegations: Year after year, for more than 20 years, young men who entered the student health center were sent to Dr. Dennis Kelly. Once the exam room door closed behind them, say 48 former patients who are gay or bisexual, Kelly subjected them to sexual abuse. The men -- all students at the time -- were as young as 18, often struggling to accept their sexuality or uncomfortable discussing their sex lives. (link) Aug 07: Athletics Compliance: In the aftermath of the September 2017 arrest of former Auburn assistant coach Chuck Person, Auburn imposed a long list of previously unreported self-imposed sanctions. Those sanctions included restrictions that limited unofficial visits, official visits, contacts, evaluations and phone calls. In fact, Auburn did not conduct recruiting of any kind from September 2017-April 2018, Auburn Athletics told AL.com. There were no official visits, no unofficial visits, and no contacts or phone calls made to any recruits during that time. (link) Aug 07: Misconduct & Neglect of Duty Sentencing Michigan judge sentenced former Michigan State University Dean William Strampel to one year in county jail, as the sprawling impact of the Larry Nassar sex-abuse scandal continues to rock the university and its former employees. Dr. Strampel, former dean of Michigan State's College of Osteopathic Medicine, was accused in March 2018 of soliciting sexual acts from students, and of not supervising Mr. Nassar while the sports- medicine doctor was under investigation for sexual misconduct. . (link) Aug 06: Denial of Due Process & Title Lawsuit: Less than two weeks after rape charges were dismissed against Ernest Suttles, lawyers representing the former Memphis football player have filed a lawsuit against the university alleging breach of contract, denial of due process and violations of Title IX. The lawsuit, filed Monday in U.S. District Court for the Western District of Tennessee, claims Suttles lost his \"scholarship, reputation, job prospects and a potential career in the NFL\" because of the allegation and subsequent discipline from the university. (link) Aug 06: Title Lawsuit Settlement: Dartmouth College and nine women who claimed they were raped, sexually assaulted or harassed by their professors said on Tuesday that they had reached a $14.4 million settlement, in a case that forced soul-searching in academia about the system of 2/22/25, 6:40 Case In Point 8/12 mentoring and promoting graduate students in the sciences. The women accused three Dartmouth professors in the Department of Psychological and Brain Sciences, whose research included studies of sexual desire and attractiveness, of coercing them into an alcohol- and sex-saturated party culture in the human behavior lab that they led. (link) Aug 03: Title Class Action Lawsuit: He was a University of California graduate student who said he dated another student twice -- and was shocked when she accused him of stalking and sexual harassment in a Title complaint in 2017. The system substantiated her allegations, he said, and suspended him for two years in June 2017, reducing the sanction to three months on appeal. But the accused student is fighting back -- not only for himself but for potentially hundreds of others, predominantly men, in similar straits. (link) Aug 02: Whistleblower Lawsuit judge has dismissed two claims of retaliation against Concordia College -- New York but allowed one whistleblower claim to continue. Erika L. Rexhouse has pleaded a \"good faith, reasonable belief,\" Westchester Supreme Court Justice Terry Jane Ruderman ruled on July 25, that alleged violations of patient confidentiality could have endangered patients. Rexhouse, the former director of the Bronxville college's wellness center, sued Concordia; its president John A. Nunes and his wife Monique; and other officials for $1 million in March. She claimed she was fired in retaliation for reporting violations of patient privacy rights by Monique Nunes. (link) Aug 01: Gender-Based Pay Discrimination: This past Monday, the Equal Employment Opportunity Commission (EEOC), on behalf of political science professor Louise Davidson-Schmich, filed a complaint against the University of Miami for gender-based pay discrimination among the College of Arts and Sciences faculty. \"[The] University of Miami discriminated against Louise Davidson- Schmich by paying her less than a male counterpart for performing equal and/or similar work,\" the lawsuit reads. (link) Aug 01: Presidential Search Lawsuit: There's a new wrinkle in the search for the next president of Miami Dade College. Last week, the Board of Trustees called off a vote after things got heated. Now a lawsuit has been filed. Mark Richard, a retired Miami Dade College professor, is representing a group of professors including three from a now-disbanded presidential search committee. They announced Wednesday morning they had filed a lawsuit against the District Board of Trustees for Miami Dade College. (link) Campus Life & Safety Events Aug 29: Shooting Threat North Carolina college student has been arrested and charged after authorities found two guns in his dorm room and he reportedly confessed to plans to carry out a shooting. Paul Arnold Steber, a 19-year-old freshman at High Point University, faces two felony counts of weapons on campus or educational property and one count of making a threat of mass violence, High Point Police said. Steber, of Boston, is one of dozens of suspects arrested over mass attack threats since mass shootings this month in El Paso, Texas, and Dayton, Ohio. (link) Aug 28: Burglary Toledo woman was found guilty Wednesday of three counts of burglary after stealing money and other items at the University of Toledo. Shirley Harthorne, 35, entered a plea of no contest to the three felony counts of burglary. Court records show Harthorne trespassed into a secured portion of UT's Collier Building on the medical campus in February, 2018, and stole $260 from a victim's purse. In October, 2018, Harthorne trespassed into several rooms at UT's Mulford 2/22/25, 6:40 Case In Point 9/12 Library. Documents say she stole master keys, money, personal checks, and other personal belongings. (link) Aug 28: Hazing/Fraternity Suspension: Miami University has suspended a fraternity involved in violent hazing for 15 years, the harshest such penalty ever imposed by the university. Members of Delta Tau Delta hit students with a spiked paddle, kicked them, spit on them and forced them to smoke marijuana and drink substantial amounts of alcohol, according to a report released earlier this year. (link) Aug 28: Shooting Threat High Point University student found with two guns and ammunition in his dorm room on campus had a plan to \"shoot up the school,\" court documents show. Documents state that Paul Arnold Steber, 19, from Boston, Massachusetts, during an interview with police, admitted to plotting the shooting, He had a \"plan and timeline to kill people\" and was deemed a \"threat to society,\" the documents show. (link) Aug 27: Social Media Threat: Police arrested a student at Lake Superior State University over the weekend. He's now charged with a felony related to a threat posted on social media. Lucas Gerhard is charged with false report or threat of terrorism. The university tells us there was a threat posted on social media, and a resident assistant reported it to campus public safety. (link) Aug 26: Assault: The University of Florida's band director says he was attacked Saturday night after the school's football game against the University of Miami in Orlando. The band was marching in uniform from the stadium to its buses following the game when a female Miami fan tried to cross the line of band students, University of Florida spokesman Steve Orlando told CNN, based on the director's account. That's when the band director, Jay Watkins, said he put his arm out to stop her and when he did, another person grabbed him from behind in a choke hold and threw him to the pavement, Orlando said. (link) Aug 23: Free Speech Kirkwood Community College professor who attracted national attention for claiming affiliation with the anti-fascist movement \"antifa\" has resigned, Kirkwood President Lori Sundberg announced Friday. Jeff Klinzman, an adjunct professor in the English Department, has circulated controversial political opinions on social media and to news outlets, recently telling affirm that am \u2018antifa.'\" His ouster comes at a time of heightened political tensions nationally and stokes the often-debated protections of free-speech ideals on college campuses, an issue Sundberg acknowledged. (link) Aug 23: Campus Murder Update California State University Fullerton employee was arrested in the death of a co-worker who was found fatally stabbed in his car in a campus parking lot, police said Thursday. Steven Shek Keung Chan, 57 of Hacienda Heights, was found with multiple stab wounds early Monday, police said. He was pronounced dead at the scene. Chan had retired in 2017 as a budget director from Cal State Fullerton but recently returned to work as a consultant in the international student affairs office, the university said. Fullerton police detectives arrested Chuyen Vo, 51, on Wednesday night at his Huntington Beach residence, Police Chief Robert Dunn told reporters. (link) Aug 22: Shooting Threat: An Oregon man pleaded guilty Thursday to threatening a school shooting after he was denied admission to a college in California, the U.S. Attorney's Office in Oregon says. Vasiliy V. Barbiyeru Jr., 24, of Newberg, sent a threatening email to several people and groups at Deep Springs College in Big Pine, California on Oct. 7, 2017, according to court documents. Barbiyeru had previously sent threatening emails to the college's president and other people associated with school, according to the attorney's office. (link) Aug 22: Employee Murder Charges fugitive wanted for the robbery and murder of Shamar \"Fifty\" Lewis, who was shot on Ben Allen Road in Nashville in February 2018, was captured around noon on campus, according to Knoxville News Sentinel. 25-year-old Jyshon Forbes was working as a 2/22/25, 6:40 Case In Point 10/12 custodian when he was apprehended by U.S. Marshals, accompanied by Smoky Mountain Fugitive Task Force officers and officers. Forbes was indicted for murder charges earlier this month. He was hired by the university on May 14th and passed a background check, despite the fact that he has previously been arrested for driving on a revoked or suspended license, bringing contraband into a jail and public intoxication, according to 10. (link) Aug 22: Robbery Georgia Institute of Technology student was robbed Thursday morning after two men on electric scooters made him withdraw cash from a Midtown ATM. The victim told police the men, who appeared to be between 15 and 20 years old, said they had a gun but never produced one. The institute reported the robbery in a campuswide safety alert. (link) Aug 22: Shooting: Hours before the start of a new school year, four students were injured in a shooting at a block party Tuesday night outside the Atlanta University Center library. Two Spelman College students and two Clark Atlanta University students, all of whom are women, were taken to a hospital with injuries ranging from graze wounds to gunshot wounds, according to Atlanta police. They were hit around 10:30 p.m., when someone opened fire into a crowd of about 200 people in front of the Robert W. Woodruff Library on James P. Brawley Drive. (link) Aug 19: Mold: As parents send their students off to college, one health risk many overlook is mold 11 I-Team investigation found 47 cases of mold discovered at Texas colleges since 2018 that required reporting to state. In each of these cases the mold had spread at least 25 square feet, requiring professional remediation and reporting to the Texas Department of Licensing and Regulation. (link) Aug 20: Murder 57-year-old Cal State Fullerton employee was killed Monday morning in a targeted attack that left the campus community frightened and in mourning on the first day of the university's academic year. The assailant, who has not been named by authorities, was still at large early Tuesday. Police found Steven Shek Keung Chan of Hacienda Heights inside a silver Infiniti, bleeding from his head, with multiple stab wounds to his body. Police found an \"incendiary device\" near the vehicle that showed the suspect targeted the victim. (link) Aug 13: Assault: Police at the University of Texas are investigating after an employee was reportedly attacked by someone wearing a hood over his face in the early morning hours of Aug. 13. At 2:15 a.m., the Police Department said a facilities employee was walking to his car in the parking lot at the Facilities Complex Building located at 1301 East Dean Keeton Street. That's when said a man who had his face covered punched the employee in the head, face and back before running to a waiting vehicle. (link) Aug 06: Terroristic Threats man charged with weapons offenses here was arrested after making violent threats toward Temple University and its police department, according to a press release from Bucks County (Pa.) District Attorney Matthew D. Weintraub. Patrick J. Buhler, 29, made the threats \"during purchases of ammunition and other items at the Walmart store in Tullytown,\" Weintraub said. (link) Aug 02: Wrongful Death Lawsuit: The parents of two students who killed themselves at a Truman State University fraternity house are suing the school, the fraternity and a frat brother they accuse of encouraging those deaths and three others. The wrongful death lawsuit says the frat brother gave his friends \"advice on how to commit suicide.\" The suit, filed Wednesday in the Circuit Court of Adair County, Missouri, says Alexander David Mullins of Kansas City and Joshua Michael Thomas of St. Louis both took their own lives at the Alpha Kappa Lambda house. (link) Aug 01: Alcohol on Campus: Following an end-of-the-year party where police at the University of North Florida discovered alcohol in a classroom, Dr. Brian Thornton has been suspended without pay for the 2019 fall semester. Body camera video that was first obtained by the Spinnaker shows the communications professor being questioned by university police. An officer is heard 2/22/25, 6:40 Case In Point 11/12 saying alcohol, including a 12-pack of beer, was found in the classroom during the professor's \"Aloha Party.\" (link) Aug 01: Assault & Robbery: Police are searching for a man accused of robbing and assaulting a woman at gunpoint near the center of the University of Pittsburgh campus in the city's Oakland neighborhood early Tuesday, officials said woman told police that a man approached her, told her he had a gun and pressed what she believed was a gun to her side, university police said in a statement. The man then threw her to the ground multiple times, the victim told police. (link) Aug 01: Free Speech Lawsuit Settlement: The University of Florida is paying $66,000 and making policy changes to settle a federal lawsuit brought by a young conservative student group, which claimed the school violated its members' free-speech rights. The Young Americans For Freedom (YAF) chapter agreed to settle its lawsuit against the university Wednesday in exchange for eliminating the policies that prohibited the group from receiving speaker fees to bring in conservative speakers. (link) If you have any suggestions, questions or feedback, please e-mail me at [email protected]. We hope you find this information useful and would appreciate hearing your thoughts. Feel free to forward this email to your direct reports, colleagues, employees or others who might find it of value. Back issues of this newsletter are available on our web site. If you have any suggestions for items to include in future newsletters, please e-mail Robert Gottesman at [email protected]. Back to top \u00a9 Redistribution of this newsletter, with or without modification, is permitted provided Auburn University Office of Audit, Compliance & Privacy is listed as the source. 2/22/25, 6:40 Case In Point 12/12", "7826_104.pdf": "University of Tennessee professor accused of sexual misconduct had 'creepy' behavior for years, ex-colleagues say Published 5:00 a.m Oct. 3, 2018 Updated 8:53 a.m Oct. 3, 2018 former colleague and a former adviser have come forward with examples of sexual misconduct and harassment from former University of Tennessee professor Henri Grissino- Mayer dating as far back as 2011 while he was at and 1988 at a different university professor since 2000, Grissino-Mayer resigned \"in lieu of termination,\" effective Monday, amid an investigation into reports he was having a relationship with a student and had sexually harassed multiple current and former students. The Office of Equity and Diversity at received the initial report of his relationship with a student on Aug. 7, with more complaints submitted the next day, according to documents obtained in a News Sentinel records request. According to letters in his personnel file, Grissino-Mayer informed the university on Aug. 31 of his intention to resign. The investigation into the sexual misconduct complaints is ongoing. Provost and Senior Vice Chancellor David Manderscheid accepted Grissino-Mayer's resignation on Sept. 7 letter from Manderscheid to several faculty members and officials also referenced an earlier relationship with a different student, in 2011. \"We know that he did not learn from his past mistakes, having disrupted our community before when he engaged in a sexual relationship with a student (redacted),\" Manderscheid wrote in a Sept. 25 letter. \"He has already taken more of our collective time and energy than he deserves, and do not believe he will change his ways.\" Monica Kast Knoxville 2/22/25, 6:41 Disgraced professor was 'creepy' for decades, say ex-colleagues 1/5 'Two acts of disturbing behavior' Justin Maxwell, an assistant professor in the geography department at Indiana University, was a PhD student at the University of North Carolina at Greensboro when he met Grissino- Mayer. While a student, Maxwell attended North American Dendroecological Fieldweek (NADEF), a week-long trip that pairs students with experts in the field of tree ring analysis for projects. Maxwell was in a group led by Grissino-Mayer, who was employed at UT. Maxwell said he witnessed \u201ctwo acts of disturbing behavior\u201d while on the 2011 trip. The first was when the group was working near an apple tree and, on a break, Grissino-Mayer began throwing apples at a female student. When she asked him to stop, Grissino-Mayer \"bear- hugged her and was touching her chest.\" When asked why he hadn't reported the behavior to UT, Maxwell said he was about to apply for jobs in academia and was worried it would affect his chances second incident also occurred during NADEF, when the group was playing darts during a break. \u201cHis dart fell on the floor and there was a young woman nearby and he purposefully and unnecessarily put his arms between her legs,\u201d Maxwell said. Maxwell said Grissino-Mayer stood up with his arms still between her legs and touched the woman\u2019s crotch. Maxwell said she was \u201cvisibly shocked,\u201d and he remembers \u201cbeing super uncomfortable.\u201d Maxwell said Grissino-Mayer then stood up and hugged the woman. Maxwell said he hasn\u2019t interacted with Grissino-Mayer much since then, but has been a co- author with him on several papers. Maxwell said he experienced \u201cacademic bullying\u201d from Grissino-Mayer when working on these papers, including a time when Grissino-Mayer listed himself as first author on a paper Maxwell had written. \u201cIt actually made me really mad and gave me extreme anxiety interacting with professionals for a while,\u201d Maxwell said. Maxwell said Grissino-Mayer was very charismatic and easy to like, but described his actions as would say, creepy.\" Grissino-Mayer did not respond to repeated requests for comment. 2/22/25, 6:41 Disgraced professor was 'creepy' for decades, say ex-colleagues 2/5 His annual salary was approximately $115,000 and he is eligible for retirement benefits, but lost his tenure. Ex-adviser describes 1988 incident Lisa Graumlich, the dean of the University of Washington College of the Environment, was Grissino-Mayer\u2019s Ph.D. adviser for one year at the University of Arizona. She described an experience with him that she said happened at the University of Arizona in 1988. According to Grissino-Mayer\u2019s curriculum vitae and personnel files, he was a Ph.D. student at the University of Arizona from 1988 to 1995. Graumlich said she has had little contact with Grissino-Mayer since then, but had one experience with him she found concerning. \u201cIn the first couple of months of Henri being in my research group, one day was surprised to walk into the lab and Henri was sitting at his desk reading a Playboy magazine,\u201d Graumlich said. \u201cThe Playboy magazine was prominently displayed.\u201d Graumlich said she told Grissino-Mayer it wasn\u2019t appropriate for the lab, and Grissino-Mayer seemed surprised. \u201cHe recalled to me that at his previous institution, there was a norm of senior male faculty members having Playboy magazine subscriptions that would be delivered to their work address and when a new magazine arrived, they would gather graduate students around to look at the Playboy magazine,\u201d Graumlich said. She said she thought Grissino-Meyer viewed bringing the magazine to the lab \u201clike bringing donuts to lab group.\u201d Harassment is \u2018definitely an issue\u2019 Maxwell said he thinks sexual harassment and misconduct is \u201cdefinitely present, disturbingly so,\u201d in scientific communities think it\u2019s definitely an issue and something that there needs to be consequences for if we want it to stop,\u201d Maxwell said. 2/22/25, 6:41 Disgraced professor was 'creepy' for decades, say ex-colleagues 3/5 Maxwell said he \u201cwouldn\u2019t have thought it was common, but with the last several years,\u201d more issues have been brought to light. He said being vocal about inappropriate behavior and \"supporting those who speak up\" is an important step in addressing the problem. \u201cYou have to speak up, and it takes a lot of bravery and puts a lot of pressure on the victim,\u201d Maxwell said recent study done by the National Academies of Sciences, Engineering and Medicine found that \u201cgender harassment is by far the most common form of sexual harassment.\u201d Graumlich said the science community needs to \u201ctake steps to create more civil workplaces.\u201d \u201cThe good news is that we as a scientific community can take action on gender harassment early and often and thoroughly,\u201d Graumlich said. In a statement posted on social media Director Jim Speer said \u201cstrives to provide a safe, educational experience free from bullying, harassment, or discrimination of any kind.\u201d \u201cOrganizers, instructors, guest lecturers, or participants who exhibit inappropriate behavior, including that of a sexual nature, are subject to removal from Fieldweek, banned from future participation, and/or reported to the authorities as appropriate,\u201d the statement reads is dedicated to fostering an environment where all individuals are treated with dignity and respect.\u201d The Tree Ring Society, which awarded Grissino-Mayer its Outstanding Service Award in 2006, posted a similar statement on social media, also saying will not tolerate bullying, harassment, or discrimination of any kind.\u201d \u201cMembers engaging in such inappropriate conduct, including that of a sexual nature, are subject to expulsion from the and disclosure to appropriate authorities where applicable,\u201d the statement reads. UT\u2019s ongoing investigation Grant Harley, a former Ph.D. student at who worked with Grissino-Mayer in the lab, said he was contacted by about the current investigation. Several other former students confirmed that they were contacted by the Office of Equity and Diversity to speak about the investigation as well. 2/22/25, 6:41 Disgraced professor was 'creepy' for decades, say ex-colleagues 4/5 think they\u2019ve done an absolutely phenomenal job,\u201d Harley said. Harley said the university has shown its commitment to students who have come forward by accepting Grissino-Mayer's resignation, even though he was a tenured and endowed professor. \u201cThey\u2019ve really done due diligence,\u201d Harley said. Grissino-Mayer is a widely published scientist who specialized in the study of tree rings. He was consulted during the Gatlinburg wildfires in 2016, and continued to speak about the wildfires during the next year. Harley said while he didn\u2019t think the investigation and resignation \u201ctarnishes his scientific record in any way,\u201d it has affected how people might view Grissino-Mayer do think people will be reluctant to cite his work in the future,\u201d Harley said. 2/22/25, 6:41 Disgraced professor was 'creepy' for decades, say ex-colleagues 5/5", "7826_105.pdf": "Henri Grissino-Mayer Henri Grissino-Mayer was a tenured faculty member in the department of Geography at the University of Tennessee, Knoxville who resigned in lieu of termination on Oct. 1st, 2018 due to his own admission of sexual misconduct at the school.[1] Grissino-Mayer is a dendrochronologist who specializes in the use of tree-ring analysis to reconstruct environmental and cultural history. He received a (with honors) in Geography in 1985 and an in Geography in 1988 from the University of Georgia.[2] His thesis research directed by David Butler (now at Texas State University, San Marcos) investigated the relationships between climate and growth of shortleaf pine in north-central Georgia.[3] He completed his Ph.D. under Tom Swetnam in the Laboratory of Tree-Ring Research at the University of Arizona in 1995. His dissertation research was conducted at El Malpais National Monument in New Mexico where he reconstructed precipitation and wildfire activity for the last 2,000 years.[4] Grissino-Mayer has published over 90 peer-reviewed articles during his career. His work has appeared in journals such as Ecology,[5] Holocene,[6] International Journal of Wildland Fire,[7] and Journal of Archaeological Science [8] and has been featured on the Discovery Channel, the History Channel, and the Weather Channel. Accusations against Grissino-Mayer dated back to the mid 2000s and as of 2018 were widely reported. His case is one of a number on U.S. campuses in which senior academics have been accused of using their position to legitimate or conceal sexual behavior involving students.[9][10][11] On August 7, 2018, a formal complaint of sexual harassment was filed and the University of Tennessee launched the third investigation into Grissino-Mayer\u2019s alleged inappropriate behavior and sexual misconduct involving students after previous investigations in 2006 and 2011 reprimand decided in 2006 was either not issued or misfiled and added to his personnel file only in 2011. The 2018 investigation stated that Grissino-Mayer, through \u201cabuse of his power and position as a tenured full professor with an active research program, a well-funded laboratory and a steady pipeline of high- achieving graduate students, had inappropriate relationships with current and former students, including inappropriate sexual relationships.\u201d [12] On August 10, 2018, Grissino-Mayer met with several faculty members, where he admitted that he \u201cnot only violated the university\u2019s policy,\u201d but also that he \u201cknew\u201d and understood that \u201che was violating the policy at the time of his misconduct.\u201d Grissino-Mayer would only admit that he violated Contributions Accusations of sexual harassment 2/22/25, 6:41 Henri Grissino-Mayer - Wikipedia 1/3 policy in relation to the initial complaint but within a couple of days following that complaint a packet containing multiple other complaints was received by the Title office, suggesting his misconduct spanned most of his career. On August 31, 2018, he voluntarily tendered a written resignation, effective October 1, 2018. Provost David Manderscheid called Grissino-Mayer's actions \"so egregious, many of us have struggled with whether the university should accept his resignation. After careful review of the competing concerns concluded that the most compelling interests are those of his current and former students.\" The university accepted his resignation on September 8, \u201ceffective immediately.\u201d He is listed as \u201cresigned in lieu of termination,\u201d was issued a no-contact order for his current and former students and is no longer allowed on property without prior approval from the university. Grissino-Mayer is not allowed to hold the title of professor emeritus. As of August 16, 2019, the final report on the third investigation was released to the public. With verbal and written complaints filed by 11 women, both current and past students, along with witness accounts of inappropriate actions, the department of OEDs investigation came to the conclusion that Grissino-Mayer's misconduct spanned years and that the allegations \u201cmore likely than not are true.\u201d[13][14] 1. \"Longtime professor resigns amid probe of sexual misconduct accusations by current, former students\" ( onduct-investigation-henri-grissino-mayer/1409473002/). Knox News. 2. Curriculum Vitae, Henri Grissino-Mayer. Available at: [1] ( 4934/ 3. Grissino-Mayer, H.D. 1988. Tree rings of shortleaf pine (Pinus echinata Mill.) as indicators of past climatic variability in north central Georgia. Thesis, University of Georgia. 130 pp. 4. Grissino-Mayer, H.D. 1995. Tree-ring reconstructions of climate and fire history at El Malpais National Monument, New Mexico. Dissertation, University of Arizona. 407 pp. 5. Grissino-Mayer, H.D., W.H. Romme, M.L. Floyd, and D. Hanna. 2004. Climatic and human influences on fire regimes in the southern San Juan Mountains, Colorado, USA. Ecology 85: 1708-1724. 6. Grissino-Mayer, H.D. and T.W. Swetnam. 2000. Century-scale climate forcing of fire regimes in the American Southwest. Holocene 10: 207-214. 7. Grissino-Mayer, H.D. 1999. Modeling fire interval data from the American Southwest with the Weibull distribution. International Journal of Wildland Fire 9: 37-50. 8. Grissino-Mayer, H.D., P.R. Sheppard, and M.K. Cleaveland. 2004 dendroarchaeological re- examination of the \u201cMessiah\u201d violin and other instruments attributed to Antonio Stradivari. Journal of Archaeological Science 31: 167-174. 9. \"One Campus. Seven Professors Facing Harassment Accusations. Few Consequences\" ( ww.propublica.org/article/university-of-illinois-urbana-champaign-professors-sexual-harassment-a ccusations). 27 August 2019. 10. \"Dartmouth says officials were not aware of sexual misconduct until allegations surfaced in 2017\" ( 16 January 2019. References 2/22/25, 6:41 Henri Grissino-Mayer - Wikipedia 2/3 11. \"Not a Fluke: That Case of Academic Sexual Harassment, Sexual Assault, Sexual Misconduct, Stalking, Violations of Dating Policies, Violations of Campus Pornography Policies, and Similar Violation is Not an Isolated Incident!\" ( a-fluke-that-case-of-sexual-harassment-is-not-an-isolated-incident/). May 2019. 12. Response-with-Report-2.pdf 13. \"Longtime professor resigns amid probe of sexual misconduct accusations by current, former students\" ( onduct-investigation-henri-grissino-mayer/1409473002/). Knoxville News Sentinel. Retrieved 2018-09-27. 14. \"University of Tennessee professor accused of sexual misconduct had 'creepy' behavior for years, ex-colleagues say\" ( ayer-tennessee-sexual-harassment/1485477002/). Knoxville News Sentinel. Retrieved 2018-10-04. sexual-harassment/1485477002/ Retrieved from \" 2/22/25, 6:41 Henri Grissino-Mayer - Wikipedia 3/3"}
9,005	Yaron Eliav	University of Michigan	[ "9005_101.pdf", "9005_102.pdf" ]	{"9005_101.pdf": "Design by Sara Fang Multiple sexual misconduct allegations against a Middle East Studies profes- sor arose in the 2000s. 15 years later, the department still feels the effects. by Sophia Lehrbaum, Nirali Patel and Julian Wray October 9, 2023 Content warning: this article contains descriptions of sexual harassment. Note from the editor: One of the authors of this piece, Nirali Patel, took 207 from subject Yaron Eliav during the summer/spring 2021 semester. n Oct. 12, 2022, an anonymous email was sent to the University of Michigan\u2019s Department of Middle East Studies faculty listserv with the subject line, \u201cYour Colleague the Rapist.\u201d The letter, obtained by The Michigan Daily, was attributed to an anonymous graduate student in and described misconduct concerns regarding Yaron Eliav, associate professor of Rabbinic literature and Jewish history of late antiquity. \u201c(Eliav) sexually harasses his students,\u201d the letter read am one of them.\u201d 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 1/17 The letter claimed Eliav\u2019s alleged misconduct was so widespread that neither Eliav nor anyone else would be able to discern the author. The Daily was not able to identify the author of this letter. \u201cDon\u2019t fool yourselves: this is no one-off,\u201d the letter read am so far from alone in this experience that Yaron would have no idea which former student / colleague / woman around campus actually am.\u201d Anonymous email to faculty. Obtained by The Daily. Correction: the above letter makes claims about the Daily,\u201d the article that featured the language above was from MLive in 2008. The public accusations drew renewed attention within to Eliav\u2019s previous history of sexual misconduct. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 2/17 Daily investigation found four allegations Eliav engaged in sexually inappropriate conduct with faculty and students in the early 2000s, including a 2008 case in which he was arrested for soliciting prostitution services from a student. According to court documents obtained by The Daily, the University investigated all of these allegations against Eliav and claimed Eliav exhibited a pattern of misconduct between 2004 and 2008. In an interview with The Daily, one of Eliav\u2019s alleged victims described feeling a lack of institutional support when she brought allegations to administrators that Eliav repeatedly harassed her. This source requested anonymity, citing fears of retaliation. In this article, she will be referred to as Laurie was completely on my own,\u201d Laurie said felt very manipulated by the institution.\u201d Several faculty members said they have raised concerns about the department\u2019s climate over the last 15 years since the 2008 case became public, which they believe has suffered as a result of Eliav\u2019s alleged misconduct. These concerns have gone largely unaddressed by the University, these faculty alleged. Two faculty members in described a culture of silence in the department, where attempts to discuss Eliav\u2019s behavior were shut down by leadership due, in part, to fears of legal retaliation from Eliav. This article is based on interviews with nine current and former faculty members and graduate students, as well as an extensive review of court records, emails and other documentation. In an interview with The Daily, Eliav said he believes he has learned from his past conduct. He pointed to a lack of recent formal complaints against him as evidence of his rehabilitation. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 3/17 \u201cI\u2019m trying to change and have made major changes in my life,\u201d Eliav said have not done anything inappropriate for 17 years.\u201d The University\u2019s Equity, Civil Rights and Title Office was investigating concerns within as recently as October 2021, according to emails obtained by The Daily. Laurie, who met with an investigator at the time, said was looking into a matter related to Eliav. In an email to The Michigan Daily, University spokesperson Rick Fitzgerald wrote the University takes misconduct allegations seriously. He declined to comment on the specific allegations against Eliav, per policy. \u201cThe University of Michigan takes action to respond to every allegation of behaviors that are inconsistent with the policies of the University,\u201d Fitzgerald wrote. \u201cThere is a problem that needs to be addressed\u201d n April of 2008, a student filed a police report against Eliav after he solicited prostitution services from and allegedly physically assaulted her. Eliav was arrested and initially charged with a misdemeanor and assault and battery following the incident. Reporting from 2008 indicates Eliav pleaded no contest to a misdemeanor charge of using a computer to commit a crime and received 12 months probation. The assault and battery charges against Eliav were dropped in 2008, and the misdemeanor charge was dropped as part of his plea deal. In his interview with The Daily, Eliav admitted that he hit the student during the incident engaged in something that myself consider inappropriate,\u201d he said. \u201cDuring that engagement, another human being was hurt hurt her.\u201d The University tasked former dean Terrence McDonald with pursuing disciplinary measures against Eliav following his arrest. In an interview with The Daily, McDonald explained the University\u2019s 2008 investigation into Eliav\u2019s conduct. McDonald said he knew about the initial assault and battery charges, but the University only had the power to enforce one violation of the University\u2019s policy: Eliav\u2019s use of a computer to engage in illegal activities University machine had been used to (solicit prostitution services),\u201d McDonald said. \u201cThat was the (only) ground on which the University could take action.\u201d 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 4/17 Eliav signed an agreement for several disciplinary sanctions outlined in a 2008 letter from McDonald. He accepted that he couldn\u2019t be nominated as a chair in any programs for five years, and resigned from his committee positions and endowed professorship in the Frankel Center for Judaic Studies. Eliav retained his academic rank as an associate professor of his department. In the 2008 letter, McDonald referenced a separate misconduct complaint filed against Eliav in 2006 by an undergraduate employee in the Near Eastern Studies Department, which was renamed to Middle East Studies in 2018. \u201cThis is the second time you have been involved in difficult matters of a similar type,\u201d McDonald wrote. \u201cThe subject matter similarity of these two incidents is of very serious concern to me.\u201d As the prostitution case drew local media attention, concerns over Eliav\u2019s conduct arose among faculty and students. In 2009, multiple faculty members in Judaic Studies and the Frankel Center sent a letter to Deborah Dash Moore, their program\u2019s director at the time, McDonald and Derek Collins, former associate dean of LSA. In the letter, the faculty members expressed fear for their safety when working with Eliav. The Daily obtained a draft of the letter. It is unclear how many faculty members contributed to the letter. McDonald\u2019s sanction letter to Eliav. Obtained by The Daily. McDonald\u2019s sanction letter to Eliav. Obtained by The Daily. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 5/17 \u201cMany of us, particularly those of us who are women, simply do not believe that we can safely work with him,\u201d the faculty members wrote. \u201cWe mean \u2018safe\u2019 literally. We have good reason to believe that he has been physically violent toward others \u2026 We have fears that this will only escalate.\u201d The letter also expressed concerns that the unsafe environment created by Eliav\u2019s alleged misconduct would impact the academic success of the department. \u201cIf his behavior is allowed to continue \u2026 none of us will be able to attract graduate students to our programs,\u201d the letter said. Collins could not be reached for comment. In an interview with The Daily, Dash Moore recalled the writers of the letter felt she wasn\u2019t taking enough action to discipline Eliav. But, Dash Moore said, she moved master\u2019s students off of Eliav\u2019s committees and reassigned students to different mentors to protect them from Eliav. She said she also removed Eliav from the Frankel Center entirely, though she didn\u2019t have the authority to impose additional sanctions outside of what McDonald had outlined in his letter wanted to protect (students),\u201d Dash Moore said tried to do some things that subsequently learned that didn\u2019t really have the power to do \u2026 Maybe would have signed (the draft) letter if hadn\u2019t been director.\u201d Following Dash Moore\u2019s disciplinary actions, Eliav filed a grievance within the University. He temporarily regained his appointment in Judaic Studies in 2009, but Judaic faculty voted him out of the center in 2011. 2009 draft letter sent to Dash Moore, McDonald, and Collins. Obtained by The Daily. 2009 draft letter sent to Dash Moore, McDonald, and Collins. Ob 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 6/17 2011 Judaic Vote Decision to remove Eliav from Judaic Studies. Obtained by The Daily pattern of inappropriate behavior\u201d liav agreed to the disciplinary sanctions outlined by McDonald after the 2008 prostitution case. But three years later, in April 2012, he filed a lawsuit against the University for breach of contract. The Daily reviewed more than 1,000 pages of depositions, motions and other court proceedings from this lawsuit. Eliav alleged the University breached his sanctions contract when he was stripped of his membership in the Frankel Center, and that faculty of the Frankel Center had engaged in a \u201ccampaign designed to disparage\u201d him by accusing him of sexually harassing students. Eliav\u2019s complaint to the Court of Claims, which sued in 2012. Obtained by The Daily. His efforts backfired. The University argued any damage to Eliav\u2019s reputation came as a result of his own actions, revealing earlier concerns over his conduct with students and colleagues. They presented five separate misconduct allegations against Eliav, which had previously been investigated by the University, in an April 2013 motion for summary 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 7/17 disposition in their favor. The University described four instances in which Eliav \u201c(exhibited) a pattern of inappropriate behavior with students and colleagues,\u201d ranging from inappropriate touching of an undergraduate student to sexual propositions toward faculty members. The 2008 case was included in this pattern. In one instance in the winter of 2004, Eliav allegedly professed romantic feelings to a research assistant. \u201cThe research assistant replied, \u2018aren\u2019t you married,\u2019 to which (Eliav) responded, \u2018aren\u2019t you?\u2019 \u201d the motion read. This research assistant reported the incident to administrators in 2009. She wasn\u2019t comfortable asking Eliav for a letter of recommendation after the incident transpired, the University\u2019s motion said. Eliav told The Daily he does not view his conduct in this instance as inappropriate. \u201cOpening up and saying you have feelings for someone is not the easiest thing to do,\u201d Eliav said. \u201cI\u2019m actually very proud of how acted there.\u201d The University\u2019s motion also detailed the 2006 allegation mentioned in McDonald\u2019s letter to Eliav. In June of that year, Eliav allegedly invited an undergraduate student into his office to help him unpack some books. \u201cWhile assisting (Eliav), the student reported that he touched her inappropriately on her shoulder and buttocks, and pressed his body against hers,\u201d the motion read. \u201cShe further alleged that (Eliav) made comments to solicit sex.\u201d The University said they mandated Eliav receive sexual harassment training after the student reported this allegation to administrators. This training was conducted by Anthony Walesby, former senior director of the Office of Institutional Equity (now ECRT), according to McDonald\u2019s sanctions letter to Eliav. Eliav denied that any physical contact with the student was intentional or sexual in nature. In a sworn deposition given in March 2013, Dash Moore recounted a 2009 meeting in which faculty discussed Eliav\u2019s alleged misconduct. U-M\u2019s brief in support of their motion for summary disposition, where they allege Eliav demonstrated a \u201cpattern of inappropriate behavior.\u201d Obtained by The Daily. U-M\u2019s brief in support of their motion for summary disposition, w behavior.\u201d Obtained by The Daily. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 8/17 Dash Moore\u2019s deposition, where she describes discussing Eliav\u2019s alleged misconduct in a faculty meeting. Obtained by The Daily. \u201cDid that allegation come up during that meeting, that Professor Eliav was some kind of problem in the classroom with his students?\u201d Eliav\u2019s lawyer, Marian Faupel, asked Dash Moore. \u201cAt that meeting there were several people who spoke of Professor Eliav as a sexual harasser of them personally,\u201d Dash Moore said. \u201cThere\u2019s something rotten here\u201d ne allegation that arose during the course of the lawsuit came from Laurie, a faculty member who worked with Eliav in the 2000s. Certain details of Laurie\u2019s experiences with Eliav and court documentation have been omitted to preserve her anonymity. In a sworn statement provided to the court, Laurie alleged Eliav sexually harassed her on three separate occasions in the early 2000s. She described instances in which Eliav made sexual comments and overt advances toward her colleague of Laurie\u2019s, who worked at the University at the time of the alleged harassment, told The Daily that Laurie informed them of these events soon after they occurred. Laurie was a junior faculty member at the time of this alleged harassment. She told The Daily she feared how her career might be impacted if she filed a complaint against Eliav, an accomplished male professor at the University. In 2008, Laurie reached out to Walesby, the investigator who had conducted Eliav\u2019s sexual harassment training in 2006. She wanted to gauge what his response would be to a potential complaint against Eliav. The Daily obtained email correspondence between Laurie and Walesby, which confirmed this meeting occurred. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 9/17 \u201c \u2018What would you do if told you this?\u2019 \u201d Laurie recalled asking Walesby. \u201cMy biggest concern was retaliation, so essentially told the story of what had happened, but (as if it was) a friend of mine.\u201d According to Laurie, Walesby revealed to her that the University had conducted previous investigations into Eliav\u2019s conduct. But, Walesby told her couldn\u2019t establish a pattern of misconduct because they did not find that Eliav violated policy in these previous cases. In an interview with The Daily, Title attorney Laura L. Dunn said the University can, in fact, use previous formal complaints to constitute a pattern of misconduct, according to and U.S. Department of Education policy. In Laurie\u2019s case, the previous 2006 complaint and the other complaints Walesby allegedly mentioned could have been used to support her claims if she had filed an official complaint. But Walesby did not inform Laurie of this aspect of the policy, she told The Daily. She would be on her own if she chose to pursue a formal complaint against Eliav. \u201c(Walesby said) \u2018The only way can protect you is if there\u2019s a pattern,\u2019 \u201d Laurie said. \u201cAnd he knew there was a pattern \u2026 there\u2019s something rotten here.\u201d Laurie later learned about the 2006 complaint against Eliav made by an undergraduate student, and realized it could have supported her own allegations eventually found out about (the 2006 complaint) and was so fucking angry,\u201d Laurie said. \u201cIt really felt like he lied to me and sabotaged my ability to make a (formal) complaint \u2026 He was basically trying to make me go away.\u201d \u201cActions (were not) followed by consequences\u201d liav\u2019s lawsuit against the University concluded in 2014 when the court found no cause of action and ruled in favor of the University. Though the University revealed a pattern of misconduct allegations against Eliav during the lawsuit, The Daily has not found evidence the University took action in response to their finding. Fitzgerald did not comment on any such disciplinary measures in his statement. Eliav continued working as a tenured associate professor and teaching undergraduate classes after the lawsuit. Court order dismissing Eliav\u2019s lawsuit in 2014. Obtained by The Daily. Court order dismissing Eliav\u2019s lawsuit in 2014. Obtained by The Daily. Court order dismissing Eliav\u2019s lawsuit in 2014. Obtained by The Daily. Court order dismissing Eliav\u2019s lawsuit in 2014. Obtained by The Daily. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 10/17 But the impact of Eliav\u2019s alleged misconduct on the climate of the department led some faculty members to persist in raising concerns with administrators. One former professor, who requested anonymity due to fears of professional retribution, told The Daily she attempted to contact leadership with her concerns in 2018. In this article, she will be referred to as Miranda. Miranda said she believes the culture of suffered in the years following Eliav\u2019s prostitution case. \u201cPeople watched this happen, and then watched as nothing was addressed and then nothing changed,\u201d Miranda said. \u201c(It) didn\u2019t feel like a place where actions were followed by consequences.\u201d In 2018 dean Anne Curzan and former dean Andrew Martin began the process of selecting a new department chair for Middle East Studies. In MES, chairs are only elected for specific amounts of time leadership solicits feedback from faculty during the selection process. Knowing she had a chance to reach leadership directly, Miranda sent a letter to Martin and Curzan describing how she believed Eliav\u2019s alleged misconduct had harmed the climate of MES. She shared this letter with The Daily on the condition that it would not be printed to preserve her anonymity. Miranda never received a response to her letter. It is unclear if Martin or Curzan took any action to address the continued climate issues in MES. It is also unknown if the deans kept this letter for future reference. According to McDonald, it was standard practice during his time as dean to destroy such letters after they\u2019d been read by administrators to ensure the anonymity of their writers. No copies are maintained for posterity, even if the letters address issues like sexual harassment within communities, McDonald said. \u201cIf someone raised an issue \u2026 the college would follow up on it,\u201d McDonald said. When asked to comment on this story, Martin and Curzan both referred The Daily to Public Affairs. Miranda and other faculty members told The Daily administrators have failed to respond to the alleged climate issues within their department. In late 2018, Miranda said she went to lunch with Turkish studies professor Gottfried Hagen to discuss the problematic climate within MES. Hagen was chair of the department from 2015 to 2018. \u201c(Hagen) suggested that should read an essay on free-range parenting because that was his approach to managing difficult behaviors in the workplace,\u201d Miranda said. \u201cThis was a chair who did not understand the effect of (hostile) behavior on the workplace.\u201d Miranda told The Daily she decided to leave shortly after that conversation due to a lack of accountability from the leadership of the department. Hagen declined to comment when contacted by The Daily. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 11/17 Miranda wasn\u2019t alone in her experiences within the department. When the Program conducted a climate assessment of in 2018, half of faculty said they had experienced \u201cexclusion or bias\u201d by a colleague. Three-quarters of faculty in the department reportedly considered leaving the University for other institutions. Faculty also said a small group of senior faculty created a hostile environment during faculty meetings and other department functions. \u201cHere are all your potential victims. Have at it.\u201d aurie said she distanced herself from Eliav after he allegedly harassed her. But more than a decade later, in October 2021 investigator Andrea McDaniel reached out to Laurie and asked to meet with her in relation to an issue within MES, according to emails obtained by The Daily recently learned that you may have information related to a situation that am looking into in the Department and would like to speak with you,\u201d McDaniel wrote. Email sent from McDaniel to Laurie about alleged concerns over Eliav\u2019s conduct in 2021. Obtained by The Daily. When McDaniel and Laurie met a few days later, McDaniel revealed she was looking into concerns related to Eliav, Laurie told The Daily. She asked Laurie if she knew of any issues with Eliav\u2019s conduct that had arisen recently related to sexual and gender-based harassment. According to Laurie, McDaniels specified she was not looking for information on any events prior to his lawsuit against the University summary of climate assessment of (now MES). Obtained by The Daily summary of climate assessment of (now MES). Ob 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 12/17 Laurie recalled McDaniel saying she was not yet conducting an official investigation. McDaniel didn\u2019t give Laurie details of the situation she was looking into, and they had no further contact after this conversation year later, an alleged victim of Eliav sent the 2022 anonymous email to the faculty listserv spokesperson Rick Fitzgerald replied to the email and said would follow up on it, but it is unclear what steps were taken to address the concerns raised. Eliav said he was never contacted by or other administrators in regard to this email Public Affairs response to 2022 anonymous email. Obtained by The Daily. Two faculty members told The Daily the email\u2019s effects were felt in the following weeks. Eliav replied to the email and publicly denied the allegations against him. Eliav\u2019s response to the 2022 anonymous email, sent to faculty. Obtained by The Daily. In his response email, Eliav claimed the University did not find further misconduct concerns while investigating his conduct after the 2008 prostitution case. He did not disclose to his colleagues that the University was already aware of at least one complaint brought to in 2006, for which Eliav received sexual harassment training. Two other sexual misconduct complaints would later surface in the 2012 lawsuit, constituting a pattern of alleged misconduct. \u201cNo other shred of evidence came up that indicated a pattern or that anything of this sort ever happened before,\u201d Eliav wrote in his public response to the anonymous email. In his interview with The Daily, Eliav repeatedly denied the allegations contained in the email. He said he believes the anonymous email was sent as part of a campaign to undermine the publishing of his book Jew in the Roman Bathhouse: Cultural Interaction in the Ancient Mediterranean,\u201d which was published in 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 13/17 May 2023. \u201cThat email has lies and fabrication written all over it,\u201d he said. \u201cIt was a clear smear campaign to undermine my book.\u201d The day after Eliav publicly responded to the anonymous email faculty received a second email purportedly written by the same anonymous author as before. This email came from a different address, and The Daily was not able to verify that it originated from the same individual. The second email retracted the statements made about Eliav in the first anonymous email. One faculty member told The Daily he was suspicious of the retraction email\u2019s authenticity. He requested anonymity due to fears of retaliation. In this article, he will be referred to as Seth. Seth pointed out inconsistencies in the acronyms used to reference and differences in language. \u201cIf were analyzing these two emails as though they were pieces of literature would not think they were written by the same author,\u201d Seth said. Another faculty member echoed doubts about the retraction email being written by the same person. He requested anonymity, citing fears of professional retribution. In this article, he will be referred to as Ashton. According to Seth and Ashton, a culture of silence enforced by department leadership stifles discussion of incidents like the October 2022 emails in MES. They alleged leadership explicitly told faculty to withhold information about the \u201cYour Colleague the Rapist\u201d email from undergraduate and graduate students. Seth told The Daily some faculty members in wanted to inform graduate students in the department of the October 2022 email. He said they didn\u2019t want students who worked directly with Eliav to be left in the dark about Eliav\u2019s history of misconduct, which the anonymous email referenced. When these faculty members went to Prof. Karla Mallette, the current chair of MES, to discuss their desire to tell graduate students about the October 2022 email, Mallette allegedly shut them down. Seth alleged Mallette instructed faculty members to withhold the email from students. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 14/17 Mallette declined to comment on this story. Ashton corroborated Seth\u2019s account. He told The Daily he believes the University\u2019s failure to publicly address the recent email\u2019s allegations against Eliav threatens student safety in MES. \u201cWe were forbidden from having conversations with students about this,\u201d Ashton said. \u201cThe University is telling us that we cannot share information with students to allow the students to protect themselves. There are layers of silencing.\u201d When Ashton asked Mallette to tell Eliav\u2019s Graduate Student Instructor about the anonymous email, she allegedly refused. Ashton said Mallette was worried about potential legal ramifications. \u201cDepartment leadership is unwilling to act because of a fear of lawsuits,\u201d Ashton said. \u201cIt reinforces the culture of fear and intimidation graduate students only found out about the anonymous email when a printed copy was slid under the door of their student lounge by an unknown individual. The graduate student who found the copies of these emails spoke to The Daily on the condition of anonymity, citing fears of academic retaliation. In this article, she will be referred to as Emily. After finding the pages lying on the floor of the graduate student lounge, Emily said she began sharing the email with other graduate students. But even as the emails circulated through the department, Emily said graduate students received no official response from Mallette or leadership don\u2019t think we ever heard from (Mallette) directly addressing the issue or trying to work with us as a community of graduate students,\u201d Emily said. \u201cIt\u2019s very confusing and very frustrating.\u201d Emily worried about her undergraduate students, who she believed could be put at risk if they took classes taught by Eliav. She felt a responsibility to inform undergraduate students of the allegations against Eliav. \u201cIt\u2019s like this elephant in the room,\u201d Emily said. \u201cEveryone feels uncomfortable but nobody really does anything.\u201d Because leadership and the University have continued to assign Eliav to undergraduate classes, both Seth and Ashton said they believe students remain vulnerable to threats to their safety. \u201cOur number one obligation seems to be to circle the wagons and protect the people already in power,\u201d Seth said. \u201cGranting this faculty member access to hundreds of students annually is essentially like us saying, \u2018Here are all your potential victims. Have at it.\u2019 \u201d \u201cTo shrug your shoulders is to fail\u201d iddle East Studies announced in August Eliav is being considered for promotion from associate professor to full professor \u2014 the final step in his tenure track position at the University. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 15/17 Seth said he believes if and the Board of Regents approve Eliav\u2019s promotion, it would sweep his history of alleged misconduct under the rug. \u201cIt would be saying everything that he\u2019s done is acceptable to all of us,\u201d Seth said. \u201cIt would be a recognition from the college that he\u2019s completely untouchable.\u201d To the faculty members who have raised concerns over Eliav\u2019s conduct in the last 20 years, there is little trust in the University\u2019s ability to take misconduct allegations seriously. Laurie told The Daily she decided against filing a formal complaint because of her lack of confidence in the University to hold alleged abusers accountable. \u201cPeople observe what has happened and they learn not to make formal complaints,\u201d Laurie said. \u201cPeople do not trust the institution with this information.\u201d Dunn said if a new complaint were to be filed through the University, previous allegations against Eliav could be used to establish a pattern of misconduct complainant) could be successful in getting a positive outcome,\u201d Dunn said. \u201cIt\u2019s not their word in a vacuum. All the other cases come in and are relevant.\u201d While faculty members and graduate students in still feel their concerns are being ignored, some Judaic Studies faculty said their department\u2019s decision to vote Eliav out of the department in 2011 following the 2008 prostitution case has helped them avoid any further issues. With Eliav gone, Dash Moore said, the culture in the department changed for the better. \u201cOnce he was out of the unit, you could start to work to build bridges,\u201d Dash Moore said. \u201cIt took a lot of time. But if you look at Judaic Studies now, it\u2019s a place that is far more welcoming of diverse voices and people.\u201d Without concrete measures aimed toward fostering accountability, Miranda said, the climate of will not improve. The anonymous letter sent to faculty in October 2022 called for its readers to take such action. \u201cThe truth of the matter, which you will know if you know (Eliav), which you must know deep down, is that women are not safe around (him),\u201d the letter read. \u201cIt is your job not to dodge this truth out of some collegial politeness. To shrug your shoulders is to fail.\u201d Focal Point Managing Editors Sophia Lehrbaum and Julian Wray and Focal Point Senior Editor Nirali Patel can be reached at [email protected], [email protected] and [email protected]. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 16/17 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack Information relevant to this or any other story can be emailed to [email protected]. If you are a survivor on campus, if you faced challenges during an investigation or if you have faced barriers to reporting at all, please consider sending us your story. This is a private tip line viewable by a small team of reporters committed to this work. 2/22/25, 6:41 Yaron Eliav up for promotion after sexual misconduct allegations 17/17", "9005_102.pdf": "Design by Evelyn Mousigian Professor accused of sexual misconduct will not be recommended for promotion Department announces by Sophia Lehrbaum February 12, 2024 Karla Mallette, chair of Middle East Studies, announced in an email to faculty and graduate students on Feb. 7 that the department will not be recommending Prof. Yaron Eliav for promotion to full professor. According to the email, the official decision on Eliav\u2019s promotion will not be finalized until the Divisional Executive 2/22/25, 6:41 Professor accused of sexual misconduct will not be recommended for promotion Department announces 1/5 Committee for the Humanities and the Executive Committee review Eliav\u2019s case, and the department\u2019s decision can be overturned. If Eliav is not promoted to full professor, he will remain an associate professor of Rabbinic literature and Jewish history of late antiquity copy of the email has been obtained by The Michigan Daily. \u201cThis was a difficult decision to make on the part of faculty, and has been a difficult process for Yaron,\u201d Mallette wrote hope that the department can find a way to move forward together from this point and to support each other in our shared mission to understand and teach the histories and cultures of the Middle East.\u201d Email sent from the chair, Prof. Mallette, about the department\u2019s decision to not recommend Eliav for promotion. Obtained by The Daily. The department\u2019s decision to not recommend Eliav for promotion comes two weeks after The Daily learned that Shannon Loverich and Elizabeth Hardy, attorneys retained by the University\u2019s Equity, Civil Rights and 2/22/25, 6:41 Professor accused of sexual misconduct will not be recommended for promotion Department announces 2/5 Title Office, are currently investigating allegations that he may have violated the University\u2019s policy on sexual and gender-based misconduct previous October 2023 investigation by The Daily found at least four instances in the early 2000s where Eliav allegedly engaged in sexual misconduct. The Department announced that Eliav would be up for promotion to full professor in August 2023 despite faculty telling The Daily that Eliav\u2019s alleged misconduct continued to reverberate within the department, even 15 years later. This is at least the fourth official investigation into Eliav between 2006 to 2024, according to The Daily\u2019s previous investigation. It is unclear whether the department\u2019s decision to not recommend Eliav for promotion is related to the current investigation into his alleged misconduct. In an email to The Daily, Eliav said he would not comment on the department\u2019s decision while the promotion process is still underway. He did not answer The Daily\u2019s question about whether or not the department shared the reasoning behind their decision with him. \u201cSince the promotion process is still ongoing have no comments,\u201d Eliav wrote. Mallette and University spokesperson Kim Broekhuizen declined to comment on the reasoning behind the decision in emails to The Daily, saying they are not permitted to discuss personnel matters. Broekhuizen did not respond to a question about how many times a professor has not been recommended for promotion by their own department in the past. 2/22/25, 6:41 Professor accused of sexual misconduct will not be recommended for promotion Department announces 3/5 According to one faculty member, there was \u201cpalatable tension\u201d in the days following the department\u2019s official vote among the associate professors, assistant professors and students awaiting the decision. The faculty member requested anonymity, citing fears of professional retaliation. As in The Daily\u2019s October investigation into Eliav, he will be referred to as Seth. Seth noted that historically, the Department does not make an immediate announcement about the results of promotion votes to full professor. But in this case, Mallette emailed the entire department about the decision. \u201cThere was a good deal of whispering and a sense of anxiety from the lack of information,\u201d Seth said. \u201cSo when the chair made the announcement, there was at least a release of tension.\u201d Correction 2/13 previous version of this article incorrectly stated that The Institute for the Humanities Executive Committee would review Eliav\u2019s promotion case. This article has been updated to reflect that the Divisional Executive Committee for the Humanities will be reviewing Eliav\u2019s promotion. 2/22/25, 6:41 Professor accused of sexual misconduct will not be recommended for promotion Department announces 4/5 \u00a9 2025 One hundred and thirty-four years of editorial freedom Powered by Newspack Managing Focal Point Editor Sophia Lehrbaum can be reached at [email protected]. Please send information pertinent to this or any other story to [email protected]. If you are a survivor on campus, have faced challenges during an investigation or have encountered any barriers to reporting misconduct, please consider sharing your story with us. This is a private tip line only viewable by a small team of reporters committed to this work. 2/22/25, 6:41 Professor accused of sexual misconduct will not be recommended for promotion Department announces 5/5"}
8,311	Thomas Novak	Lehigh University	[ "8311_101.pdf", "8311_102.pdf", "8311_103.pdf", "8311_104.pdf", "8311_105.pdf", "8311_106.pdf", "8311_107.pdf" ]	{"8311_101.pdf": "\uf099 \uf09a \uf16d \uf167 \uf1bc AT: Home \u00bb News \u00bb Recent sexual harassment lawsuits spark student discussion on campus safety Search 19, 2025 19, 2025 13, 2025 Email address: Your email address Subscribe Unsubscribe Subscribe Enter your email address to receive notifications of each new posts by email. Email Address Subscribe Bethlehem residents persist in fight for immigrants Lehigh wrestling transfer ready for new competition in new conference Lehigh hosts \u201cDifficult Conversations on Israel and Palestine\u201d \uf0e6 0 Lehigh students have become more open around the discussion of sexual assault on campus after the recent lawsuits. The University aims to provide more resources to students such as the 24-hour support line at the Gender Violence Office. (Letong Zhang Staff 11, 2019, 11:06 Recent sexual harassment lawsuits spark student discussion on campus safety Two Lehigh administration-centered sexual harassment lawsuits in 2019\u2014sexual misconduct allegations against Dr. Thomas Novak and former professor James Peterson\u2014fueled campus discussion about student safety. Lehigh updated its Title guidelines and definitions for harassment earlier this year and openly discussed its dedication to student safety. However, recent events have led some students to question the validity of the university\u2019s claims lot of the accusations are pretty damning both to the accused and to Lehigh in general,\u201d said Brandon Judge, \u201821, the vice president of the Student Political Action Coalition. \u201cWe fall into the realm of Lehigh knowing about it for years and not doing anything about it, so Lehigh loses a lot of its legitimacy in talking about sexual assault and sexual harassment when they are struggling with it, too.\u201d Dr. Thomas Novak, who is facing various allegations surrounding sexual misconduct toward both students and staff, was suspended late May 2019 immediately following publication of the lawsuit, which includes allegations originating in 2012. 2/22/25, 6:42 Students discuss Lehigh's campus safety - The Brown and White 1/4 My Tweets The university claims to specifically pay attention to complaints of harassment, but Judge said he wouldn\u2019t blame students who don\u2019t feel safe, given all that is happening within the administration. \u201cIt is not just that one person (Dr. Novak), but the entire establishment that people feel uncomfortable with,\u201d said Malini Ray, \u201820, a member of Break The Silence, a student-run organization that works to raise awareness about gender violence, harassment and more. \u201cThat kind of trust and respect needs to all be earned back from us because it was such a shocking incident that no one really knew about.\u201d Despite these lawsuits, students acknowledge the positive steps that have been taken toward a more open discussion surrounding the topic of assault, both on campus and in society. Ray said it\u2019s a good thing that sexual assault is a lot more comfortable of a topic for people to talk about remember talking about assault in high school and having it be a much more taboo topic,\u201d she said. \u201cBut once got to Lehigh noticed that a lot of people are more comfortable.\u201d Krista Wollerman, \u201820, a member of Break The Silence, said compared to other similar universities, Lehigh has relatively progressive definitions on the meanings of harassment, assault and consent is a fairly progressive club, and it\u2019s both funded and supported by the university, so Lehigh does do its part in at least displaying an image of doing things to try to benefit the students,\u201d Wollerman said. Regardless of any response by the administration, many student\u2019s safety concerns fall outside of the university\u2019s immediate control. Conversations surrounding the topic of assault acknowledge Lehigh\u2019s abundant drinking culture, as well as the prominence of Greek life, both on- and off-campus. \u201cIt\u2019s all on us,\u201d said Judge, the vice president of his fraternity. \u201cThe school does nothing to prevent anything that goes on off-campus. It really does fall on us basically. It comes down to whether or not the fraternities choose to take active preventative measures against sexual assault or not.\u201d Wollerman said she attributes a significant amount of student safety concerns to situations at parties that come into play when substance consumption is involved and verbal communication is limited. While these incidents do not fall directly under Lehigh\u2019s immediate jurisdiction, all student conflicts can be reported to the Title office. Ray said feeling safe on campus can be drastically improved by being aware of the available resources that exist. 2/22/25, 6:42 Students discuss Lehigh's campus safety - The Brown and White 2/4 Comment policy Comments posted to The Brown and White website are reviewed by a moderator before being approved. Incendiary speech or harassing language, including comments targeted at individuals, may be deemed unacceptable and not published. Spam and other soliciting will also be declined. The Brown and White also reserves the right to not publish entirely anonymous comments Your Comment Your Name Your Email Your Website Save my name, email, and website in this browser for the next time comment. reCAPTCHA I'm not a robot Privacy - Terms Notify me of follow-up comments by email. Notify me of new posts by email. Tweet \u201cThey make a huge difference,\u201d she said. \u201cLehigh offers a number of resources to ensure campus safety, such as advocates on a 24-hour support line, the Gender Violence Office and BTS, but students need to be reminded of those resources a little bit more, especially now.\u201d Share this: 7 minute read campus services and development feature Share 16 Save Print \uf469 Lauryn Heskin becomes the picture-perfect teammate for Lehigh women\u2019s track and field 21, 2025 Suggested Sounds: January/February, gloomy days, gloomier albums 21, 2025 Lehigh wrestling transfer ready for new competition in new conference 19, 2025 2/22/25, 6:42 Students discuss Lehigh's campus safety - The Brown and White 3/4 The Brown and White is Lehigh University\u2019s student newspaper based in Bethlehem, Pennsylvania. The newspaper covers Lehigh University news and the surrounding Bethlehem area, and it aims to serve as a platform for conversation and idea exchange Enter your email address to receive notifications of new posts in your inbox. Email Address Subscribe Copyright \u00a9 2025 The Brown and White \| 'All the Lehigh News First' 2/22/25, 6:42 Students discuss Lehigh's campus safety - The Brown and White 4/4", "8311_102.pdf": "18\u00b0 Lansing \uf0c9 News First Alert Weather Livestream University doctor suspended amid allegations of misconduct (WILX) By Published: Jun. 1, 2019 at 5:49 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 1/6 Pennsylvania's Lehigh University has suspended one of its doctors following accusations of sexual misconduct. They came from a former medical assistant who claims she was fired when she reported that behavior. Christine Feit says Dr.Thomas Novak made inappropriate comments about female students and performed inappropriate breast exams on them, according to a lawsuit filed last week. Doctor Novak will be on suspension until officials finish an investigation. Copyright 2019 and WILX. All rights reserved. High Tally \| Sponsored Marvelousa \| Sponsored 30 photos that really make you think Woman Wears Her Mothers Old Ring For 25 Years - Then Jeweller Tells Her This Villas in Dubai \| Search Ads \| Sponsored Villas For Sale in Dubai Might Surprise You Get Deals Investments Cyprus \| search ads \| Sponsored Cyprus investments might surprise you Get Info Amusement Park Equipment \| search ads \| Sponsored Amusement Park Equipment In Mexico Might be Given Away For Almost Nothing! Learn More Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 - Take Look Search Now \uf057 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 2/6 Most Read \uf144 Police say drugs, alcohol contributing to deadly snowmobile crashes \uf144 Waverly Schools employee under investigation for alleged sex crime \uf144 Michigan Senate passes paid sick act reform just before deadline \uf144 Funeral held for 2 kids who froze to death in a van as family is promised a home \uf057 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 3/6 Latest News \uf144 President Trump re-appoints Governor Whitmer to Council of Governors Gov. Whitmer signs bipartisan bills expanding sick leave, increasing minimum wage Nessel files emergency appeal to block parole for murderer \uf144 Wingstop employee throws hot oil at customer, police say \uf144 Pope Francis isn\u2019t out of danger but his condition isn\u2019t life-threatening, medical team says Vatican: Doctors speak out on Pope's condition \uf144 \uf144 Deceased man\u2019s belongings thrown out before family could get them, brother says \uf057 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 4/6 \uf144 Teacher allegedly tried selling \u2018test-enhancing pills\u2019 to students Teacher accused of trying to sell pills \uf144 \uf144 Luigi Mangione draws crowd for first court hearing since arraignment in UnitedHealthcare killing Accused UnitedHealthcare killer in court \uf144 \uf144 JetBlue pilot arrested on plane moments before flight \uf057 Public Inspection File [email protected] - (517) 393-0110 Terms of Service Privacy Policy Statement Applications Advertising Digital Marketing Closed Captioning/Audio Description 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 News Studio 10 Community Facebook First Alert Weather Style Careers Sports Featured Guests Make An Impact Instagram Livestream Schedule Contact Us YouTube 500 American Road Lansing 48911 (517) 393-0110 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 5/6 \uf057 intelligence Gray Local Media Station \u00a9 2002-2025 2/22/25, 6:42 University doctor suspended amid allegations of misconduct 6/6", "8311_103.pdf": "Lehigh University physician suspended over harassment suit \ue61b \uf39e \uf281 \uf0e0 By Michael Rubinkam, The Associated Press Posted May 31, 2019 3:40 pm. This article is more than 5 years old. Pennsylvania\u2019s Lehigh University suspended the interim director of the student health centre Friday in response to a lawsuit that says he sexually harassed co-workers and performed inappropriate breast exams on students. Former medical assistant Christine Feit claims she was fired by Lehigh in retaliation for reporting misconduct by the interim director, Dr. Thomas Novak. Her federal lawsuit suit said that Novak routinely made inappropriate sexual remarks about students and staff members, tried to perform pelvic exams without gloves, and once agreed with a nursing supervisor\u2019s characterization that he was \u201ccopping a feel\u201d with students. Lehigh did nothing to address Novak\u2019s behaviour and instead fired Feit, the suit said. Messages were left for Novak seeking comment Friday. Novak, 51, has been licensed to practice medicine in Pennsylvania since 2000. Records do not show any state disciplinary actions against him. Lehigh said in a message to the campus community Friday that a \u201csenior member\u201d of the health centre \u2014 Novak \u2014 has been barred from campus while the school investigates the accusations in the suit. \u201cWe take seriously any allegations of harassment, and are committed to creating an environment that is safe and welcoming,\u201d the statement said 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 1/7 Feit said Lehigh failed to hold Novak accountable after she and at least two other health workers lodged multiple about him to health centre supervisors and the human resources department. Her co-workers, she said, had warned her about Novak when she joined Lehigh in 2008, saying he would often become sexually inappropriate toward new female staff members. \u201cFeit\u2019s co-workers told her that if she complained about Novak, nothing would be done by Lehigh, and Novak would alienate the complainer, so there was nothing to be accomplished by complaining,\u201d the suit said. Feit did eventually speak up about Novak, the suit said, and the doctor tearfully apologized during a 2012 meeting with human resources. But he wasn\u2019t disciplined, and Novak continued to sexually harass his colleagues and mistreat students, the suit said 2016 meeting with human resources went nowhere, the suit said. Feit was fired in May 2017 after university officials claimed she made a medication dosing error in one case and treated a student\u2019s scraped toe without following protocols in another. The suit denied wrongdoing by Feit, calling her termination \u201cpretextual and done in response to Feit\u2019s complaint of sexual harassment and sexual misconduct against Novak.\u201d The suit seeks unspecified monetary damages Lehigh spokeswoman said the university will \u201cvigorously defend\u201d itself. Lehigh, a highly selective university about 60 miles (97 kilometres) north of Philadelphia, has an undergraduate enrolment of about 5,000. Michael Rubinkam, The Associated Press \uf06aSubmit a Correction Accessibility Feedback Top Stories 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 2/7 Half of Canadians and Americans think their countries are in a recession now: poll 22m ago Party leaders fan out on last weekend of election campaign 12m ago 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 3/7 Ontario Liberals suspend Oshawa candidate over social media post 8h ago Liberal party kicks Ruby Dhalla out of leadership race 10h ago Live Radio Connect with CityNews Trending Now 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 4/7 Delta disputes 'disinformation' about flight crew on plane that crash-landed at Pearson Airport Two passengers file lawsuits after Delta plane crash in Toronto Chantal Kreviazuk defends shaky Canada performance, lyric change amid U.S. spat Ontario Liberals suspend Oshawa candidate over social media post After 3 years of war, Ukraine calls on Canada to help them carry on Most Watched Today Sunwing flights resume at Pearson airport as customers remain stranded 2:48 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 5/7 Despite Sunwing flights resuming at Pearson airport, the travel nightmares continue for Sunwing customers stranded abroad. Shauna Hunt with more on the travel debacle and why one expert says it's deserving a transport Canada investigation. 11h ago Sunwing flights resume at Pearson airport following cancelled flight chaos for passengers 20h ago Delta Air Lines responds to 'disinformation' regarding crew on Toronto plane crash 20h ago Canada lists 7 cartels as terrorists Sunwing customers recount travel chaos as airline struggles with major delays More Videos 1:03 0:59 2:10 2:26 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 6/7 333 Bloor Street East, Toronto, Ontario M4W 1G9 \u00a9 2002 - 2025 Rogers Media. All rights reserved. Get the CityNews App Now New and Improved! Watch CityNews, listen to NewsRadio Toronto live anytime and get up-to-the- minute breaking-news alerts, traffic, weather and video from CityNews Toronto anywhere you are \u2013 across all Android and iOS devices. About Us News Policy Contact Us Watch Citytv Advertise With Us Privacy Policy Ad Choices Political Ads Registry Accessibility Feedback Terms of Service \uf39e \ue61b\uf16d \uf167 2/22/25, 6:43 Lehigh University physician suspended over harassment suit 7/7", "8311_104.pdf": "Dear Members of the Lehigh Community, In follow up to our September 13th correspondence, we are writing to update you on the most recent developments regarding the Lehigh University Health and Wellness Center and its former interim director, Dr. Thomas Novak, who had been placed on leave in May. Dr. Novak is no longer an employee of the university. In last month\u2019s message to the campus community, we shared preliminary results of an investigation into allegations of inappropriate behavior toward students. That investigation \u2013 which was conducted by independent, external investigators \u2013 found no evidence of misconduct or inappropriate contact by Dr. Novak with students. In addition, there was no evidence of any behavior that endangered students, violated patient examination and patient care policies, or did not comport with the Health and Wellness Center\u2019s standard of care. The investigation also noted the existence of an office workplace environment that was inconsistent with university values and with professional expectations. The university has accepted these findings and we reaffirm the university\u2019s and the Center\u2019s commitment to the highest standards of healthcare for our students and for the professional behavior of our staff. With the conclusion of this investigation and the transition to new leadership of the Center, the university accepted Dr. Novak\u2019s resignation from the university. The Health Center has been, and will continue to be led by Dr. David Rubenstein, who was named to this new position in April and officially joined the university in July. Dr. Rubenstein has been doing an excellent job in this new role and we are confident that his leadership will continue to positively impact the university\u2019s delivery of health-related services. We again remind members of our campus community that the university is committed to providing an educational, working, co-curricular, social and living environment for all students, staff and faculty that is free from harassment, discrimination, retaliation and sexual misconduct. There are numerous avenues for reporting any behavior that violates these standards, including the Lehigh University Police Department at 610-758-4200, or the Equal Opportunity Compliance Coordinator at 610-758-3535. Sincerely, Ricardo Hall Vice President for Student Affairs Karen Salvemini Equal Opportunity Compliance Coordinator 2/22/25, 6:43 mylehigh.lehigh.edu/controls/email_marketing/admin/email_marketing_email_viewer.aspx?sid=1127&eiid=18926&seiid=14461&use\u2026 1/2 Lehigh University 27 Memorial Drive West Bethlehem 18015 If you wish to be removed from this group's mailing list, click here 2/22/25, 6:43 mylehigh.lehigh.edu/controls/email_marketing/admin/email_marketing_email_viewer.aspx?sid=1127&eiid=18926&seiid=14461&use\u2026 2/2", "8311_105.pdf": "From Casetext: Smarter Legal Research Feit v. Lehigh Univ Feb 5, 2021 Case No. 5:19-cv-02336 (E.D. Pa. Feb. 5, 2021) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Case No. 5:19-cv-02336 02-05-2021 FEIT, Plaintiff, v UNIVERSITY, Defendant Some have said that \"creepy\" is the \"worst casual insult\" that one can call a man because it is somewhat indefinite but is \"linked to sexual intent.\" Jeremy Paul Gordon, The Worst Thing Woman Can Call Man, The Hairpin Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 1/16 (Dec. 22, 2010) (available at thing-a-woman-can-call-a-man/). Plaintiff Christine Feit has mustered substantial evidence that Dr. Thomas Novak was \"creepy\" when Ms. Feit worked at Lehigh University's Student Health and Wellness Center. Dr. Novak made inappropriate sexual comments about Ms. Feit and other female employees. He commented about Ms. Feit's d\u00e9colletage, distributed sexual content to his female coworkers, and discussed female patients' weight. If half of the evidence is true, Dr. Novak had no business being in a professional setting. And, it comes as little surprise that his conduct led to a lawsuit. Unfortunately for Ms. Feit, the Court does not have to decide whether Dr. Novak's conduct was inappropriate. It has to decide whether Ms. Feit has a basis to sue Lehigh for Dr. Novak's conduct or for Ms. Feit's termination. She does not. Her claims about Dr. Novak's conduct are too late. They also do not include enough to make out a claim that 2 Lehigh allowed a hostile work environment. Ms. Feit's claims about her termination fail because she has no evidence that Lehigh terminated her in retaliation for engaging in protected conduct. Instead, rightly or wrongly, Lehigh terminated her because she gave a patient the wrong dose of medicine. 2 A. Ms. Feit's Employment At Lehigh Ms. Feit, a Certified Medical Assistant, worked at Lehigh's Health and Wellness Center from July 1, 2008, until May 4, 2017. She was responsible for checking patients' vital signs, assisting with minor exams or surgeries, administering allergy injections, and scheduling appointments. Adriane Stasurak, a Board-Certified Nurse Practitioner, was Ms. Feit's direct supervisor. Additionally, Ms. Feit worked closely with Dr. Novak, a physician working in the Health Center. Ms. Feit's job performance record is mixed. She received annual performance evaluations. In 2011, Ms. Feit received two ratings of \"meets most expectations,\" and one rating of \"fully successful No. 47-15 at 7.) In subsequent years, Lehigh evaluated Ms. Feit's performance on a scale of 1 to 5, with 1 being \"unsatisfactory,\" 3 being \"fully successful,\" and 5 being 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 2/16 \"exceptional No. 48-35.) From 2012-2016, Ms. Feit received a score of \"3\" under the \"overall assessment\" category. (Id.) During her employment with Lehigh, Ms. Feit was placed on probation and/or performance improvement plans on four occasions. On November 6, 2009, Ms. Feit was placed on probation for a violation because she emailed test results to incorrect recipients. In June 7, 2010, Ms. Feit received a written warning because she did not inform Ms. Stasurak about a schedule change. Later that month, Ms. Stasurak placed Ms. Feit 3 on a performance improvement plan because Ms. Feit failed to communicate a patient's test results to the patient for almost a year and failed to inform the patient's physician that she was having trouble reaching the patient. On October 5, 2012, Ms. Stasurak placed Ms. Feit on a performance improvement plan and probation for treating a patient beyond her scope of practice and for failing to follow established office protocol by administering a contraceptive injection without first ensuring that a healthcare provider reviewed the patient's history. During her tenure, Ms. Feit made numerous medication errors by administering incorrect dosages of medicine Nos. 47-22, 47- 27, 47-28, 47-33, 47-37, and 47-38.) 3 Ms. Feit also received awards and recognitions for her work at Lehigh. In February 2010, for example, Ms. Feit received a Lehigh Tradition of Excellence Award. In February 2012, Ms. Feit received a Spot Bonus award, which recognizes \"those members of [the] community whose extraordinary contributions above and beyond their normal responsibilities have had a significant impact advancing Lehigh's goals No. 48-22.) B. Ms. Feit's Complaints About Dr. Novak's Harassing Conduct 1. 2012 complaints In 2012, multiple employees complained about Dr. Novak's behavior. In September 2012, Ms. Feit emailed Judith Zavalydriga, Lehigh's Director of Employee Relations, to let her know that \"a few of us [employees] were going to our supervisors in regards to Dr. Novak No. 48-26 at 2.) On October 10, 2012, Ms. Feit followed up with a more detailed email. In an attached statement, she complained of various interactions with Dr. Novak, including Dr. Novak's request not to see \"fat or ugly girls for 4 exams,\" 4 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 3/16 No. 47-55 at 2.) Among other incidents, Ms. Mutch complained of the following: Dr. Novak's email containing an ascii emoji depicting a derri\u00e8re, and a comment Dr. Novak made about Ms. Feit's breast reduction No. 47-57 at 2.) 1 1 Ascii is \"an art form where you use simple keyboard symbols to make [a] picture.\" Ascii, urbandictionary.com, (last visited Jan. 25, 2021). Around that time, Katie Mutch, a nurse with the Health and Wellness Center, met with Ms. Zavalydriga to discuss \"a pattern over 12 years . . . of inappropriate behavior toward several [individuals] on the part of Dr. Novak No. 47-53 at 2.) Ms. Mutch also sent Ms. Zavalydriga a written statement describing her experience with Dr. Novak: Over the course of the last twelve years have been subjected to unwelcome statements, gestures and pictures by Dr. Thomas Novak. These behaviors have included sexually inappropriate comments and physical conduct that was not only demeaning to me, but to Dr. Novak's stature and reputation as a staff physician. \u2022 In 2010, Dr. Novak laminated, \"wrote comments in the margins,\" and gave Ms. Mutch an article about sex No. 47-53 at 2.) On other occasions, Dr. Novak distributed articles to female employees where he highlighted phrases such as \"Greet him [your husband] with a warm smile and show sincerity in your desire to please him.\" (Id. at 9.) \u2022 On one occasion, Dr. Novak told Ms. Mutch that her \"boobs look really good today No. 47-53 at 2). \u2022 On another, while Ms. Mutch was in a supply closet, Dr. Novak sequestered her while holding a \"penis prop. . . in front of his fly, wiggling it, and laughing No. 47-53 at 2.) Following Ms. Feit's and Ms. Mutch's complaints, Ms. Zavalydriga held a meeting with Dr. Novak. During the meeting, Dr. Novak again admitted to 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 4/16 making some of the 5 comments at issue and told Ms. Zavalydriga that \"he didn't mean to offend No. 47-13 at 88:3-18.) Ms. Zavalydriga then scheduled a meeting with Dr. Novak and Ms. Mutch, and a separate meeting with Dr. Novak and Ms. Feit. In each meeting, Dr. Novak apologized and committed to \"behaving differently going forward No. 47-13 at 89:12- 90:6.) The parties dispute whether the meeting ended prematurely and should have been rescheduled. Ms. Feit wanted a follow-up meeting, but none was scheduled. After the meeting, Ms. Feit stopped complaining about Dr. Novak's behavior, but she asserts that the harassment continued. At some later point in time, Lehigh hired outside counsel to conduct an investigation of these incidents. During that investigation, Dr. Novak again confirmed most of the incidents that Ms. Mutch and Ms. Feit described. 5 2. 2016 complaints In March 2016, Ms. Feit reported another incident involving Dr. Novak. Ms. Feit told her supervisor that Dr. Novak \"was yelling at [a Health Center employee] in the back office No. 47-66.) Neither Ms. Feit nor anyone else involved in the incident suggested that the incident was an act of sexual harassment, just one of ill temper held another meeting with Dr. Novak, in which he apologized. C. Ms. Feit's Termination In April 2017, Ms. Feit administered an allergy shot to a student based on the patient's incorrect medical chart. The chart recorded a higher injection dose than the patient's allergist had prescribed. The parties clash over who was at fault for the mistake. But, in the incident report, Ms. Feit admitted that she created an incorrect chart and that she did not complete a \"chart check No. 48-32 at 8-10.) Lehigh terminated Ms. Feit's employment on May 4, 2017. Ms. Stasurak testified that she decided to terminate 6 Ms. Feit's employment because Ms. Feit's repeated errors jeopardized patient safety. Lehigh's termination letter states that the University had \"lost confidence in your [Ms. Feit's] ability to meet the requirements of an effective member of the Health and Wellness Center team No. 47-46.) 6 D. Kurk Harris 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 5/16 Ms. Feit identifies Kurk Harris as a comparator employee. Mr. Harris, a nurse, was the only man working at the Health Center other than Dr. Novak. Mr. Harris administered an incorrectly-dosed shot to the same patient as Ms. Feit, based on the incorrect information in the patient's chart. Mr. Harris was the provider for several \"Quality Assurance Occurrence Reports\" relating to \"medication errors,\" but it is not clear that Mr. Harris himself erred No. 48-33.) Lehigh did not terminate Mr. Harris for any error. E. Ms. Feit's Administrative Filings On November 7, 2017, Ms. Feit filed an Employment Discrimination Questionnaire with the Pennsylvania Human Relations Commission. According to Ms. Feit, someone from the told her that her questionnaire \"would be filed with No. 5-1 at Ex. C, \u00b6 8.) In May 2018, the informed Ms. Feit that her questionnaire was untimely because she filed it more than 180 days after the date of the alleged incident. On August 16, 2018, Ms. Feit filed a formal charge with the EEOC. However, internal emails from June 29, 2018, reference a file concerning Ms. Feit. It is therefore not clear from the record when the received Ms. Feit's file from the PHRC. On February 28, 2019, the issued a \"Dismissal And Notice Of Rights,\" which indicated that the closed its file on Ms. Feit's charge because it \"was not 7 timely filed with [the] EEOC; In other words, you waited too long after the date(s) of the alleged discrimination to file your charge No. 47-81 at 3.) 7 F. Procedural History On May 23, 2019, Ms. Feit filed the Complaint in which she brings claims under Title for gender discrimination and retaliation. Lehigh filed the present motion for summary judgment, arguing that Ms. Feit failed to exhaust her administrative remedies and that her claims are time-barred. Ms. Feit filed her summary judgment opposition late without excuse, which led the Court to reprimand her No. 53 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 6/16 Federal Rule of Civil Procedure 56(a) permits a party to seek, and a court to enter, summary judgment \"if 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.\" Fed. R. Civ. P. 56(a). \"[T]he plain language of Rule 56[(a)] mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (quotations omitted). In ruling on a summary judgment motion, a court must \"view the facts and draw reasonable inferences 'in the light most favorable to the party opposing the [summary judgment] motion.'\" Scott v. Harris, 550 U.S. 372, 378 (2007) (quotation omitted). However, \"[t]he non-moving party may not merely deny the allegations in the moving party's pleadings; instead he must show where in the record there exists a genuine dispute over a material fact.\" Doe v. Abington Friends Sch., 480 F.3d 252, 256 (3d Cir. 2007) (citation omitted). The movant is entitled to judgment as a 8 matter of law when the nonmoving party fails to make such a showing. See Celotex, 477 U.S. at 323. 8 A. Preliminary Matters 1. Ms. Feit's summary judgment opposition The Court's Policies and Procedures require parties filing for summary judgment to file a separate statement of undisputed facts in numbered paragraphs. Then, a party responding to summary judgment must \"include a separate statement of material facts that responds to the movant's numbered facts and explains which facts are in dispute or why a fact is immaterial.\" (Policies and Procedures of Hon. Joshua D. Wolson at II.B.4.) The Court imposes these requirements to simplify summary judgment practice and to enable it to determine whether actual factual disputes exist. Ms. Feit did not comply with this procedure. She did not respond to Lehigh's numbered paragraphs or explain which of the facts in Lehigh's statement of facts are disputed or immaterial. Instead, she included a lengthy statement of facts of her own and left it to the Court to try to determine whether Ms. 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 7/16 Feit disputes Lehigh's facts or not. That was not what the Court requires. And, unfortunately, it was not the first time that Ms. Feit ignored the Court's directives in this case. (See No. 53.) Lehigh asks the Court to deem Ms. Feit to have admitted all of the facts in its statement of facts. The Court will not do so, but only because that sanction seems too severe and would prejudice Ms. Feit for the failings of her counsel. The Court will again reprimand Ms. Feit's counsel and cautions her that, in the future, she must comply with 9 Local Rules, Court Orders, and the Court's Policies and Procedures. If she fails to do so, the Court will strike future filings. 9 2. The scope of Ms. Feit's claims In its brief, Lehigh challenges Ms. Feit's disparate treatment gender discrimination claim. But the Complaint neither mentions nor asserts a disparate treatment claim. In fact, the Complaint includes no language that would suggest that Ms. Feit is asserting such a claim. Ms. Feit also did not respond to Lehigh's arguments about a disparate treatment claim. The Court assumes these choices were purposeful. Therefore, the Court concludes that Ms. Feit has not asserted a disparate treatment claim. Because the claim is not in the case, the Court has no basis to enter summary judgment on it. B. Timeliness/Exhaustion Before a plaintiff can file a federal suit alleging Title discrimination, she must exhaust administrative remedies by filing a charge of discrimination with the EEOC. See Slingland v. Donahoe, 542 F. App'x 189, 191 (3d Cir. 2013) (citing Robinson v. Dalton, 107 F.3d 1018, 1020 (3d Cir. 1997)). Pennsylvania imposes a similar requirement for plaintiffs pursuing claims under the PHRA, but the is the relevant agency. See 43 P.S. \u00a7 959. The \"and the have entered into a worksharing agreement whereby [each] designate[s] s] the other as its agent for the purpose of receiving and drafting charges and complaints.\" Evans v. Gordon Food Servs., No. 3:14-CV- 01242, 2015 4566817, at 3 (M.D. Pa. July 29, 2015). As a result, in Pennsylvania, plaintiffs have 300 days from the date of the alleged unlawful employment practice to file a federal charge of discrimination with the 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 8/16 EEOC. See 42 U.S.C. \u00a7 2000e-5(e) (1). In addition, \"where a plaintiff timely files a complaint with one agency, either the or the PHRC, 10 coupled with a request for dual filing, then the complaint is deemed filed with both agencies as of that date.\" Rhoades v. Young Women's Christian Ass'n of Greater Pittsburgh, No. CIV.A. 09-1548, 2010 4668469, at 5 (W.D. Pa. Nov. 9, 2010); see also Woodson v. Scott Paper Co., 109 F.3d 913, 926-27 (3d Cir. 1997). 10 These time limitations are analogous to a statute of limitations. See National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 109-10 (2002); Mikula, 583 F.3d at 183. When assessing timeliness, courts differentiate between discrete acts and hostile work environments. Mandel v Packaging Corp., 706 F.3d 157, 165 (3d Cir. 2013).\"[D]iscrete discriminatory acts are not actionable if time-barred, even when they are related to acts alleged in timely filed charges.\" Id. (quoting Morgan, 536 U.S. at 113). But discriminatory acts that are not individually actionable may be aggregated to make out a hostile work environment claim under the continuing violation doctrine. See O'Connor v. City of Newark, 440 F.3d 125, 127 (3d Cir.2006 hostile work environment claim \"is composed of a series of separate acts that collectively constitute one 'unlawful employment practice' \" and \"cannot be said to occur on any particular day.\" Morgan, 536 U.S. at 115-17. To allege a continuing violation, the plaintiff must show that all acts which constitute the claim are part of the same unlawful employment practice and that at least one act falls within the applicable limitations period. Mandel, 706 F.3d at 166. To determine whether Ms. Feit's complaint is timely, the Court must first fix the date that she filed her charge with the EEOC. Lehigh argues she did not submit her charge of discrimination until she filed a formal charge with the on August 16, 2018, but Ms. Feit argues she filed with the when she submitted her questionnaire on November 7, 2017. Ms. Feit offers enough facts to create a dispute about the date of 11 this filing. Ms. Feit asserts by affidavit that someone from the told her that her questionnaire \"would be filed with No. 5-1 at Ex. C, \u00b6 8.) The EEOC's web portal reflects that she filed her charge of discrimination with the on November 7, 2017 No. 48-42.) Internal documents note that Ms. Feit filed with the on November 7, 2017, and demonstrate that the was aware of her claim before she filed her 11 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 9/16 formal charge No. 48-43.) Taking these facts in the light most favorable to Ms. Feit, the Court will, for purposes of this Motion, assume that Ms. Feit filed her charge with the on November 7, 2017. That means that she can complain about unlawful employment practices that occurred on or after January 11, 2017. Ms. Feit's complaints about a hostile work environment do not fall within that period. Even if the Court were to assume that her 2016 complaint about Dr. Novak's bullying were relevant to a hostile work environment claim, it occurred outside of the 300-day period. In her summary judgment opposition, Ms. Feit makes no argument as to why these claims are timely, and there is none. Ms. Feit's retaliation claims are timely, though. Lehigh terminated her in May 2017, which is less than 300 days before she filed her questionnaire. C. Merits Of Ms. Feit's Claims 1. Hostile work environment Even if Ms. Feit's claim of sexual harassment were not time-barred, it could not get past summary judgment because Ms. Feit cannot show that Dr. Novak's conduct was severe or pervasive. To prove a hostile work environment claim, a plaintiff must show: (1) she suffered intentional discrimination because of her sex; (2) the discrimination was 12 sufficiently severe or pervasive; (3) the discrimination detrimentally affected her; (4) it would have detrimentally affected a reasonable person in like circumstances; and (5) a basis for employer liability is present. See Minarsky v. Susquehanna Cty., 895 F.3d 303, 310 (3d Cir. 2018). Conduct is severe or pervasive when it is \"sufficient 'to alter the conditions of [the employee's] employment and create an abusive working environment.'\" Moody v. Atl. City Bd. of Educ., 870 F.3d 206, 214 (3d Cir. 2017) (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 67 (1986)). Severity and pervasiveness are \"alternative possibilities: some harassment may be severe enough to contaminate an environment even if not pervasive; other, less objectionable, conduct will contaminate the workplace only if it is pervasive.\" Castleberry v Grp., 863 F.3d 259, 264 (3d Cir. 2017). \"[I]solated incidents (unless extremely serious) will not amount to [harassment].\" Id. (quoting another source). Rather, a court must 12 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 10/16 consider the totality of the circumstances, including the frequency of the discriminatory conduct, its severity, whether it is physically threatening or a mere offensive utterance, and whether it reasonably interferes with an employee's work performance. See Faragher v. City of Boca Raton, 524 U.S. 775, 787-88 (1998). Although Dr. Novak's behavior was offensive, Ms. Feit does not argue that any single incident was so serious as to create a hostile work environment. Rather, she argues that \"the discrimination was pervasive and regular No. 48-1 at 14-15. ) The Court disagrees. Dr. Novak made unwelcome and crass sexual comments. His misogyny has no place in any workplace, anywhere. But Dr. Novak's comments were not regular 13 and happened many years ago. All of the complaints concern incidents that occurred over multiple years and prior to the 2012 meeting. After the meeting, years passed without incident or complaint. And, the one complaint that Ms. Feit made in 2016 had no sexual component. It just suggested that Dr. Novak was a bully. Ms. Feit cannot establish pervasive conduct and summary judgment in favor of Lehigh is warranted. 2 13 2 Ms. Feit inserted her Statement of Facts in the middle of her brief. The brief has page numbers that continue before and after the statement of facts. The Court uses those page numbers for reference. -------- 2. Retaliation The three-step burden-shifting McDonnell Douglas framework controls Ms. Feit's retaliation claim. See Carvalho-Grevious v. Del. State Univ., 851 F.3d 249, 257 (3d Cir. 2017). Under this framework, the plaintiff must first establish a prima facia case of discrimination or retaliation. If the plaintiff carries this initial burden, the burden shifts to the defendant employer to articulate a legitimate, nonretaliatory or nondiscriminatory reason for its action. If the employer articulates such a reason, the burden shifts back to the plaintiff to show that the reason was a pretext. See id. To do so, she must point to \"some evidence, direct or circumstantial, from which a factfinder would reasonably either (1) disbelieve the employer's articulated legitimate reasons or (2) believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action.\" Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir. 1994). 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 11/16 a. Prima facie case To make a prima facie showing of retaliation, a plaintiff must demonstrate that (1) she engaged in a protected activity, (2) she suffered an adverse employment action, and (3) there was a causal connection between the participation in the protected activity and the adverse action. See Carvalho- Grevious, 851 F.3d at 257. To show a causal connection, a plaintiff must prove either (1) an unusually suggestive temporal proximity 14 between the protected activity and the alleged discrimination or (2) the existence of a pattern of antagonism in the intervening period. Hussein v Mercy Hosp., 466 Fed. Appx. 108, 112 (3d Cir. 2012). 14 Ms. Feit cannot establish a prima facie retaliation claim for two reasons. First, her 2016 complaint about Dr. Novak was not \"a protected activity\" because it did not oppose an unlawful practice under Title VII. See Barber v Dist. Servs., 68 F.3d 694, 701-2 (3d Cir. 1995). In 2016, Ms. Feit complained about bullying without any suggestion that the conduct was related to sex. Although Ms. Feit notes that there is no evidence that Dr. Novak bullied any male employees, there is no evidence to suggest that Dr. Novak's conduct was related in any way to anyone's sex. Bullying should not occur in a modern workplace, but Title does not regulate it. Second, even if Title applied, Ms. Feit has not established a causal connection between her complaint in March 2016 and her termination fourteen months later, in May 2017. Fourteen months is not \"unusually suggestive\" and is therefore insufficient to establish the necessary causal connection. Compare Jail v. Avdel Corp., 873 F.2d 701, 708 (3d Cir. 1989) (three-and-a-half-month period between protected activity and adverse employment decision was not unduly suggestive) and Thomas v. Town of Hammonton, 351 F.3d 108, 114 (3d Cir. 2003) (three-week period between protected activity and adverse employment decision was not unduly suggestive). Of course, \"[t]he mere passage of time is not legally conclusive proof against retaliation.\" Marra v. Philadelphia Hous. Auth., 497 F.3d 286, 302 (3d Cir. 2007), as amended (Aug. 28, 2007) (quoting Robinson v. Southeaster Pa. Transp. Auth., 982 F.2d 892, 894 (3d. Cir. 1993). When temporal proximity is 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 12/16 missing, \"courts may look to the 15 intervening period for demonstrative proof, such as actual antagonistic conduct or animus against the employee, . . . or other types of circumstantial evidence, such as inconsistent reasons given by the employer for terminating the employee or the employer's treatment of other employees, that give rise to an inference of causation when considered as a whole. Id. (citing Farrell v. Planters Lifesavers Co., 206 F.3d 271, 280-81 (3d Cir. 2000)). 15 Ms. Feit alleges that it \"was [Lehigh's] atmosphere itself that was one of fear, of retaliation and hostility No. 48-1 at 20.) To support this assertion, she explains that when she first complained to about Dr. Novak's behavior in September of 2012, within a month, her supervisor placed Ms. Feit on a performance improvement plan. But that occurred years before the 2016 complaint, so it sheds no light on a retaliatory motive between the 2016 complaint and Ms. Feit's termination. Also, one incident of temporal overlap does not create a genuine dispute about antagonistic conduct on Lehigh's part. Although Ms. Feit asserts in her brief that Ms. Mutch was also placed on a performance improvement plan after she complained about Dr. Novak No. 48-1 at 20), she does not point to any evidence of this in the record, or even include the assertion in her statement of facts. When the Court collects the evidence and views it in the light most favorable to Ms. Feit, it still does not include enough to create an inference of antagonistic conduct. b. Legitimate nondiscriminatory reason Lehigh argues that it terminated Ms. Feit because she made medical errors. That justification satisfies its burden of articulating a legitimate, nondiscriminatory reason. Ms. Feit does not argue otherwise. 16 16 c. Pretext Even if Ms. Feit could prove a prima facie case, she cannot prove pretext. To prove that Lehigh's termination was pretext Ms. Feit must either (1) point to evidence that the Lehigh's proffered reason is subject to such weaknesses and implausibilities sufficient to satisfy the factfinder that the Lehigh's actions could not have been for nondiscriminatory reasons; or (2) point to evidence leading a factfinder to reasonably believe that a discriminatory 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 13/16 reason was more likely than not a motivating or determinative factor in her termination. Willis v Children's Hosp. of Pittsburgh, 808 F.3d 638, 645 (3d Cir. 2015) (citing Fuentes, 32 F.3d at 762-64). Ms. Feit does not point to any evidence that suggests that retaliation was the real reason for Lehigh's decision. She does argue that Lehigh is making her medical \"errors seem more significant\" than they are No. 48-1 at 21), which the Court understands to be an argument from which a factfinder might disbelieve Lehigh's reason. The evidence does not support her argument, though. First, Ms. Feit contends that she was not the one responsible for the dosing error that led to her termination; others were. But Ms. Feit's disagreement about who was responsible or the severity of the mistake does not matter \"plaintiff cannot simply show that the employer's decision was wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer, not whether the employer is wise, shrewd, prudent, or competent.\" Fuentes, 32 F.3d at 765. Even if Lehigh misjudged the severity of the error or laid the blame at the wrong person's feet, that does not demonstrate pretext. 17 17 Second, Ms. Feit claims that Mr. Harris made similar errors without facing discipline. To be a proper comparator, Mr. Harris must have been \"similarly[ ] situated in all respects.\" In re Tribune Media Co., 902 F.3d 384, 403 (3d Cir. 2018) (quote omitted). Employees are similarly situated in all respects when they held the same job or responsibilities, shared the same supervisor or had the same decision-maker involved in a decision about their employment, have comparable violation histories, and engaged in \"nearly identical\" conduct. Doe v. Apria Healthcare Group, Inc., 97 F. Supp.3d 638, 645 (E.D. Pa. 2015) (quoting Lee v. Kansas City S. Ry. Co., 574 F.3d 253, 259-61 (5th Cir. 2009)). Mr. Harris is not a valid comparator because he held a different position from Ms. Feit, and he had a different disciplinary history than she did. His treatment has no bearing on whether Lehigh retaliated against Ms. Feit 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 14/16 Ms. Feit has substantial evidence that, at times, Dr. Novak was a creep. Her claims about his conduct are untimely, though, and she does not have enough evidence to suggest that his conduct was severe or pervasive. Ms. Feit also does not have evidence demonstrating that Lehigh terminated her employment in retaliation for engaging in protected conduct. The Court will therefore grant Lehigh's summary judgment motion. An appropriate Order follows COURT: /s/ Joshua . Wolson D. WOLSON, J. February 5, 2021 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 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 15/16 Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 6:43 Feit v. Lehigh Univ., Case No. 5:19-cv-02336 \| Casetext Search + Citator 16/16", "8311_106.pdf": "All Access + The Express-Times online newspaper \u2013 Start today for $1 Advertisement Lehigh U. doc may have been a \u2018creep,\u2019 but ex- staffer\u2019s lawsuit lacks merit, judge says Updated: Feb. 09, 2021, 11:17 a.m. \| Published: Feb. 09, 2021, 10:06 a.m. By Sarah Cassi \| For lehighvalleylive.com federal judge said while there was \u201csubstantial evidence\u201d of \u201ccreepy\u201d behavior by a doctor at Lehigh University\u2019s Student Health and Wellness Center, a former staffer did not have enough evidence to prove she was wrongfully terminated. Christine Feit sued Lehigh University in 2019 in federal court, and was seeking $1.7 million from the school. Kash Patel Becomes Director, Takes Oath On Bhagavad Gita; Swearing In Video Goes Vir Subscribe Feit said she was fired in May 2017 for flagging sexual harassment and inappropriate behavior on the part of Dr. Thomas Novak, the interim director of the student health center. University officials said Feit was fired after she made a medication dosing error in one case and treated a student\u2019s scraped toe without following protocols in another. Last week, U.S. District Judge Joshua Wolson granted Lehigh\u2019s request to dismiss Feit\u2019s lawsuit. Feit had no evidence that Lehigh terminated her in retaliation for engaging in protected conduct, the judge wrote. \u201cInstead, rightly or wrongly, Lehigh terminated her because she gave a patient the wrong dose of medicine,\u201d Wolson said in his Feb. 5 order. \u201cMs. Feit has substantial evidence that, at times, Dr. Novak was a creep. Her claims about his conduct are untimely, though, and she does not have enough evidence to suggest that his conduct was severe or pervasive. Ms. Feit also does not have evidence demonstrating that Lehigh terminated her employment in retaliation for engaging in protected conduct,\u201d Wolson wrote. \u201cWe are very pleased with the court\u2019s decision and its ruling that the university did not discriminate against Ms. Feit based upon sex, did not retaliate against her, and terminated her employment for legitimate reasons,\u201d Lehigh University spokeswoman Lori Friedman said. Feit claimed Novak routinely made inappropriate sexual remarks about students and staff members, tried to perform pelvic exams without gloves, and once agreed with a nursing supervisor\u2019s characterization that he was \u201ccopping a feel\u201d with students. After being told nothing would be done if she complained, Feit did eventually speak up about Novak, the suit said. Novak tearfully apologized during a 2012 meeting with human resources, but he wasn\u2019t disciplined, according to the suit. Novak continued to sexually harass his colleagues and mistreat students, and a 2016 meeting with human resources went nowhere, the suit said. Novak was initially suspended after the lawsuit was filed, and barred from campus. An independent investigation by the Elliott Greenleaf law firm found no evidence to support Feit\u2019s claims, according to the university. The investigation consisted of extensive interviews and a review of Lehigh\u2019s Health & Wellness Center records, according to an email sent to students and staff. The school said while there was no evidence of wrongdoing, the workplace environment in the health center \u201cwas inconsistent with university values and with professional expectations Preview of the 2025 Lehigh Valley Auto Show Feb. 18, 2025, 7:43 a.m. Lehigh County couple face conspiracy to commit murder charge in child starvation case says (UPDATE) Feb. 21, 2025, 4:10 p.m. Novak resigned from the university in October 2019. Our journalism needs your support. Please subscribe today to lehighvalleylive.com. Sarah Cassi may be reached at [email protected]. Powered by Advance Insights 1 of 5 Do you feel the events of 9/11 should be taught in schools? Next To understand how we may use the results of this poll, please read our Privacy Policy and User Agreement. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Yes No No Opinion 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. About Us About lehighvalleylive.com Jobs at lehighvalleylive.com Contact Us Advertise with us Accessibility Statement Subscriptions lehighvalleylive.com The Express-Times Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment View Edition lehighvalleylive.com Sections Jobs Autos Real Estate Rentals Classifieds Special Sections Obituaries Local Life News Business Sports High School Sports Entertainment Opinion Your Regional News Pages Easton Bethlehem Allentown Phillipsburg Lehigh County Warren County Nazareth Slate Belt Hunterdon County Northampton County Mobile Mobile Apps Tablet Apps More on lehighvalleylive.com Weather News Search Post a job Archives Post a free classified ad Sell your car Sell/rent your home Sponsor Content Follow Us Facebook Twitter Instagram YouTube \| 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", "8311_107.pdf": "\uf099 \uf09a \uf16d \uf167 \uf1bc AT: Home \u00bb News \u00bb Health Center sexual misconduct allegations instigate criticism from students Search 19, 2025 19, 2025 13, 2025 Email address: Your email address Subscribe Unsubscribe Subscribe Enter your email address to receive notifications of each new posts by email. Email Address Subscribe Bethlehem residents persist in fight for immigrants Lehigh wrestling transfer ready for new competition in new conference Lehigh hosts \u201cDifficult Conversations on Israel and Palestine\u201d \uf0e6 9 Lehigh\u2019s Health and Wellness Center, located within Johnson Hall, will remain open to serve Lehigh students unable to return home. Procedures have changed in order to prevent the spread of coronavirus. (Kate McCollian photo 11, 2019, 10:37 Health Center sexual misconduct allegations instigate criticism from students Following the disclosure of sexual misconduct allegations against Dr. Thomas Novak, the interim director of the Lehigh University Health and Wellness Center, campus community members voiced safety concerns and frustration toward the administration\u2019s handling of such cases. The university acknowledged the allegations in a May 31 email from Lehigh University Communications that told the campus community that Novak was suspended and restricted from campus. The email was sent one day after the lawsuit was made public. Sara Boyd, \u201821, said she was surprised that the university offered a statement or any means of communication after the lack of transparency she believed surrounded the allegations against former professor James Peterson. She said she thinks that the allegations and the lawsuit against Novak represent an issue that goes even deeper than Novak\u2019s alleged abuse of students think the most damning (allegation) that is brought forth in the lawsuit is that\u2026the plaintiff reported this to Lehigh Human Resources on two separate occasions, and on two separate 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 1/6 My Tweets occasions Dr. Novak dealt with and apologized for his actions, and then was kept on,\u201d Boyd said. \u201cSo, suspending isn\u2019t enough.\u201d The plaintiff, former Health and Wellness Center medical assistant Christine Feit, alleged she was terminated by Lehigh after she reported on and complained about sexual misconduct by Novak. Multiple complaints were made to Human Resources and Lehigh employees in both 2012 and 2016, the lawsuit stated. It was noted in the lawsuit that nothing was done to make Feit feel safe or to effectively address Novak\u2019s actions, and the harassment continued until she was terminated. The lawsuit accuses Novak of making inappropriate comments about Feit\u2019s body and physical contact of \u201cbrush[ing]his body against Feit.\u201d Novak also harassed other female workers, commented on students\u2019 bodies and performed breast exams on female students without gloves, the lawsuit stated think that Lehigh needs to do a better job at educating its students (not only) on what sexual assault is and how to prevent it, but also how to talk about it,\u201d said Kailee Atkinson, \u201821 don\u2019t think that it\u2019s a topic that many people like to talk about, but think that it\u2019s incredibly important that Lehigh\u2060\u2014 as an institution that supposedly prides itself on protecting its students and encouraging this conversation\u2060\u2014 does a really good job of setting an example for moving forward.\u201d Boyd said she had appointments with Novak during her freshman year, and after the allegations came out she had to think back to make sure there weren\u2019t any inappropriate actions against her. She said the reason she stopped going to appointments with Novak was because she \u201cfound him creepy.\u201d Moving forward, Atkinson said she hopes Lehigh strengthens the Title office and improves confidence in student safety because she believes the institution currently does not regard students\u2019 well-being or needs appropriately. Boyd said she was exasperated and afraid when the allegations against Novak came to light. \u201cWhen The Morning Call article came out about Dr. Novak, it was just absolute exasperation of not only was\u2026this doctor serially abusing women under his care,\u201d she said, \u201cbut it was yet another example of Lehigh administration and higher authorities seeking to suppress any of that and him being able to continue on in his position without consequence.\u201d She said Novak should be fired and lose his medical license. But firing Novak isn\u2019t enough, she said. Boyd said the root of the issue is the people in higher positions of power consistently allow inappropriate behavior to continue, labeling this an \u201cactive safety risk for students.\u201d \u201cLehigh (administration) is not going to don\u2019t believe, acknowledge any sort of wrongdoing because they\u2019ve specified on multiple occasions that they will be defending themselves in the 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 2/6 suit, not Dr. Novak,\u201d she said. \u201c\u2026But this is the second time that a federal lawsuit has been brought forth against the school for allegations of misconduct that were ignored and mistreated by higher administration officials.\u201d Boyd, who said Lehigh is \u201crife with scandal,\u201d said the school\u2019s competitive standing is at risk when the Novak situation is combined with the Peterson events, the alleged attempted murder by former Lehigh student Yukai Yang and the Monica Miller lawsuit and protest. Miller claimed she was sexually harassed by Peterson and the university failed to act on her reports, which allegedly go as far back as 2011, for fear of appearing racially biased at a time in which the school was already under investigation by the Department of Education following other racial incidents on campus. Both Miller and Peterson are black civil lawsuit is also underway regarding a former employee who resigned in 2017 because of how she was treated in her workplace, according to 69 News. Angela Scott Ferencin, who is African American, alleged her supervisor yelled at her, and she was \u201cwrongly accused of retaliating against a younger, white employee.\u201d Both Atkinson and Boyd said communication and conversations between students and the administration are necessary in the future. Boyd said students should be able to bring forward complaints or concerns in meetings throughout the school year think the best way that Lehigh (administration) can fix its name is to actually admit where they\u2019ve made mistakes, own up to where the problems have happened, reprimand and perhaps fire the people \u2026who are responsible for these consistent mistreatments of serious allegations\u2026and commit themselves in dialogue with current students to fixing it,\u201d Boyd said. Through protests, walk-outs, social media and other means of communication, students have complained about the administration\u2019s lack of transparency, mishandling of instances of discrimination and sexual assault, and refusal to address and admit serious grievances. \u201cOne of the bigger things going on that contributes to this horrible, negative experience that some of these students have is that so many important decisions are made at the top level without any sort of legitimate student input, when we are in fact the most important stakeholders in the university,\u201d Boyd said. The administration has assured students with emails that their safety and well-being are top priority. \u201cThe university\u2019s Equal Opportunity Compliance Coordinator is working with outside investigators to conduct a full and thorough investigation into the allegations,\u201d said Lori Friedman, director of media relations at Lehigh, in an email. She said the investigation will be completed by the end of this summer. The first executive director of the health center was announced to start on July 30, according to an email from Ric Hall, the vice provost for student affairs. 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 3/6 Comment policy Comments posted to The Brown and White website are reviewed by a moderator before being approved. Incendiary speech or harassing language, including comments targeted at individuals, may be deemed unacceptable and not published. Spam and other soliciting will also be declined. The Brown and White also reserves the right to not publish entirely anonymous comments. 9 on 12, 2019 9:12 '89 on 13, 2019 1:41 '90 on 13, 2019 12:17 Tweet Hall said in the email that the administration is \u201ccertain he will have a significant, positive impact on student health at Lehigh.\u201d Share this: 11 minute read Administration feature issue Share 192 Save Print \uf469 Lauryn Heskin becomes the picture-perfect teammate for Lehigh women\u2019s track and field 21, 2025 Bethlehem residents persist in fight for immigrants 19, 2025 Lehigh wrestling transfer ready for new competition in new conference 19, 2025 Why would it surprise anyone that the administration handles such issues poorly or not at all? This is the same blind administration that has refused to take some action, however symbolic, against The Sexual-Predator-in-Chief despite calls from faculty and students. The standards they are holding to are not very high \uf105 Yup. Haven\u2019t heard a peep out of trustees. There\u2019s nothing actually stopping them from making statements. They can hide behind personnel privacy, but they\u2019re certainly able to comment generally, and they don\u2019t. But don\u2019t know what else you\u2019d expect from people who make their livings in things called \u201cvulture capitalism \uf105 The incidents involving the Doctor at the Health Center are very serious. The Peterson thing was serious and reprehensible, but was of a type of action and affair that will at times occur at universities. This Novak incident though is different, and considerably more serious, for a number of reasons: 1. It was on-going, over years, even with reports that he was doing it; 2. It involved various officials and attendants at the Health Center as being victims, as well as students, who should be the ones we are above all protecting; and 3) The incident involved the ok and tacit approval of various administrators. This does involve someone\u2019s life and career and so one should move carefully and gingerly, true. Yet these alleged actions of the Doctor go way beyond what should be accepted believe the administrators involved in this should be identified and, most probably, fired. Where there is predation of faculty or administration against a student is not stepping over one line, but two. The University should come out with a full apology, admit wrong was done, and say that steps are being taken to insure it will not happen again. One of the latter might be to hire some lady doctors to examine female 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 4/6 on 30, 2019 8:05 '89 on 13, 2019 1:42 on 30, 2019 7:48 on 13, 2019 7:06 on 18, 2019 4:50 Pingback: Sexual misconduct allegations in the health center \u2013 The Brown and White Newser Your Comment Your Name students and male doctors to examine male students, or at least to provide this option. Whether doctor, lawyer, administrator, or even professor, no one is above wrongdoing \uf105 Another Health Center physician filed a Title complaint against Novak in 2017 and filed one as a nurse in the Health Center in February 2019 was suspended in April 2019 and resigned a few days later because was certain that would be the next employee to be fired. Novak was to continue to have to female students and employees until Ms. Feit\u2019s lawsuit was filed in May 2019. If any students or other employees are out there who have any information, please contact Attorney Deirdre Kamber Todd at [email protected]. If there have been any individuals, students or Lehigh staff members, who have been silenced about this issue, please contact Attorney Kamber Todd. It is reported that Novak continues to be paid full salary and benefits as he is suspended and barred from campus \uf105 I, uh, also can\u2019t believe that no one\u2019s made anything of the fact that all this is going on in a place called \u201cJohnson Hall \uf105 Ah yes, you bring memories to mind of dinner conversations from over 50 years ago \uf105 It should have never gotten this far. This is completely avoidable. Title is a joke, and will only make Lehigh less desirable for higher ed will continue to fall as the least valuable degree on my \uf105 Jessica feel the same way now highlight my high school degree (elite prep school) and grad school (top state system don\u2019t think Lehigh reflects who am as a person\u2013never really did, but even less so with each passing disaster there \uf105 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 5/6 The Brown and White is Lehigh University\u2019s student newspaper based in Bethlehem, Pennsylvania. The newspaper covers Lehigh University news and the surrounding Bethlehem area, and it aims to serve as a platform for conversation and idea exchange Enter your email address to receive notifications of new posts in your inbox. Email Address Subscribe Copyright \u00a9 2025 The Brown and White \| 'All the Lehigh News First Your Email Your Website Save my name, email, and website in this browser for the next time comment. reCAPTCHA I'm not a robot Privacy - Terms Notify me of follow-up comments by email. Notify me of new posts by email. 2/22/25, 6:43 Sexual misconduct allegations in the health center - The Brown and White 6/6"}
8,248	David Boren	University of Oklahoma	[ "8248_101.pdf", "8248_102.pdf", "8248_103.pdf", "8248_104.pdf", "8248_105.pdf", "8248_106.pdf", "8248_107.pdf", "8248_108.pdf" ]	{"8248_101.pdf": "Advertisement Board of Regents releases statement regarding Boren sexual harassment investigation Updated: 10:25 Apr 9, 2019 Infinite Scroll Enabled Live Now \uf10c \uf0e0 \uf12419\u00b0 \uf0c9 Oklahoma City 73102 19\u00b0 \uf124 Clear \uf114 0% \uf041 \uf124 \uf102 1 / 1 \uf104 \uf04c 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 1/6 NORMAN, Okla Staff The University of Oklahoma Board of Regents on Tuesday released a statement in connection with the investigation into sexual harassment claims made against former university President David Boren. \"Multiple individuals allege misconduct ... we wanted an independent investigation to provide us the facts Board of Regents Chairwoman Leslie Rainbolt-Forbes said. \"We are satisfied that the investigation by Jones Day was fair, non-biased, thorough and objective and we consider this a very serious matter. Advertisement 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 2/6 \"We will carefully consider what we learned today and respond in a timely and prompt manner in accordance with the university\u2019s existing policies and procedures graduate Jess Eddy recently claimed Boren and university administrator Tripp Hall had sexually assaulted him from 2010 to 2012, prompting an investigation by the Oklahoma State Bureau of Investigation. Eddy said Boren and Hall sexually harassed him and made unwanted sexual advances during the two-year period. He also said he was manipulated by and Boren to tell lawyers with the Jones Day law firm that there was no misbehavior toward him by the former university president. \"There's times where was dishonest, and it's time for me to tell the truth,\" Eddy said. \"Well, it's not so much whether or not people believe me that matters to me. What matters to me is that I'm telling the truth.\" Eddy said he's not seeking any monetary compensation. Recommended Could Trump really return savings to taxpayers think he thinks I'm out to destroy him,\" Eddy said. \"This isn't about destroying David Boren.\" Boren's lawyer, Clark Brewster, said over the weekend that his client met with investigators for more than two hours Friday and answered all questions \"fully and completely.\" Brewster said he and Boren were happy with the discussion and look forward to a resolution. Boren, who served as OU's 13th president from December 1994 to June 2018, has denied any wrongdoing ever since \"allegations of serious misconduct\" surfaced in mid-February. 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 3/6 'God puts you where you need to be': Amazon Flex driver helps save family from burning home Streets of Detroit lined with frozen cars after major flooding Flu activity remains high in for four consecutive weeks Video shows husband and wife rescued from stranded sailboat 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 4/6 \uf09a \uf099 \uf16a 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 KOCO-TV. Privacy Notice Industry Opt Out Terms of Use Site Map Your Privacy Choices/(Opt-Out of Sale/Targeted Ads) 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 5/6 2/22/25, 6:44 Board of Regents releases statement regarding Boren sexual harassment investigation 6/6", "8248_102.pdf": "\uf062 graduate alleges sexual battery by David Boren, Tripp Hall By Tres Savage - Tuesday, March 26, 2019 University of Oklahoma graduate Jess Eddy has alleged sexual battery against former President David Boren, left, and former Vice President of University Development Tripp Hall, right second graduate has alleged similar behavior by Hall. (NonDoc) Support Journalism 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 1/14 \ue809 On a November afternoon in 2010, then-University of Oklahoma President David Boren\u2019s red Jaguar pulled up to the Spirit Shop in Norman. Boren handed a $100 bill to Jess Eddy, his 21-year-old teaching assistant. \u201cGet something for yourself,\u201d Eddy recalls Boren telling him. The former U.S. senator and Oklahoma governor, then 69 years old, stayed in the car and requested Belvedere vodka from his classroom aide. For himself, Eddy picked scotch, not his first bottle nor his last. The pair flew to Houston for a weekend of university development. Boren and other top administrators \u2014 including former Vice President of University Development Tripp Hall \u2014 were attending events for alumni, fundraising and student recruitment. When the first evening concluded, Eddy wound up in Boren\u2019s hotel room with the bottles of liquor. \u201cThe circumstances on their face were inappropriate,\u201d Eddy says now, eight years later. In multiple interviews with NonDoc, Eddy described the scenario above and other events from late 2010 through 2012 in which he alleges unwanted sexual touching by Boren and, in one instance, Hall. Eddy said the events left him shaken personally and professionally, altering his life in ways he is still trying to understand. \u201cI\u2019ve always regarded these experiences as my truth, my story, my suffering and my pain \u2014 that it was my right to share it with the people trusted and keep it from people didn\u2019t,\u201d Eddy said. \u201cBut recently realized that is no longer OK. It\u2019s now clear that continuing to conceal what happened to me would prevent others from the justice and peace they deserve just can\u2019t do that. I\u2019m not going to live with that, too.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 2/14 \ue809 Jess Eddy ultimately graduated from and worked at the University of Oklahoma, but he believes the administration of former President David Boren featured \u201cmoral decay.\u201d (Provided) Earlier this week, Eddy said he spoke with the Norman Police Department about the incidents he alleges in this story. Five of Eddy\u2019s longtime friends have told NonDoc their memories of the events in question, as described by Eddy at the time. While details vary slightly, each person\u2019s recollection helps paint a picture of Eddy\u2019s allegations. Two of the five agreed to use their names in this article. \u2018Yeah, this is what you think it is\u2019 Days before the Houston trip, Eddy worried that he needed to prepare for David Boren\u2019s sexual advances. He had heard rumors knew didn\u2019t have a function there,\u201d Eddy said. \u201cIt wasn\u2019t like was speaking or talking with students. And had asked other people in the administration, \u2018Is this what think it is?\u2019 And they were like, \u2018Yeah, this is what you think it is.\u2019 And that\u2019s when got the advice not to drink too much and to talk about my girlfriend.\u201d Eddy\u2019s girlfriend in November 2010, Kara Underwood, confirmed his story to NonDoc this week. \u201cIn great detail have heard the story a few times from him,\u201d Underwood said. \u201cHe doesn\u2019t have motivation to make this up, and he will most likely receive a backlash from this.\u201d Eddy described his experience in Boren\u2019s hotel room succinctly: excessive flattery and flirtation followed by an advance. While Eddy was able to extract himself from the situation in Boren\u2019s hotel room, he said the next two years featured a string of uncomfortable interactions. \u201cThe idea was to keep your potential on track and stay in his favor without getting sexually assaulted \u2014 to balance the two,\u201d Eddy said. With varying degrees of specificity, all five of Eddy\u2019s friends who spoke with NonDoc said Eddy told them the same story soon after the Houston trip. Four said Eddy did not want to discuss the situation deeply, something they found out of character. \u201cWhat can confirm is that he said he was in Boren\u2019s hotel room with Boren, that they were both drinking alcohol, and that he said Boren made an advance and was being very touchy with him in a 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 3/14 \ue809 sexual manner,\u201d said P.J. Wolbach, a high school friend of Eddy\u2019s who is currently enrolled at OU. The balance tilts The next morning in Houston, Eddy climbed into the rear row of a large with Tripp Hall, a longtime Boren confidant and employee. \u201cHe asked, \u2018Did you have a good time last night?\u2019\u201d Eddy recalled of Hall said, \u2018Yeah.\u2019 And he very warmly said, \u2018I\u2019m really happy to hear that,\u2019 and rubbed the inside of my thigh to the point that he touched my genital area.\u201d Reached Tuesday morning by phone, Hall said he is \u201cnot at liberty\u201d to talk about any events being investigated by and that he is recovering from cancer surgery. Asked if he had ever been romantically involved with any university students or staff, he replied: \u201cAbsolutely not, that\u2019s ridiculous. I\u2019m not going to answer any questions like that.\u201d Asked if there was any reason someone would make allegations about inappropriate physical contact, Hall said \u201cNo.\u201d \u201cPlease, just respect my healing right now with cancer and everything, please really am offended by this,\u201d Hall said just told you already that don\u2019t have any comments to make, and then for you to continue the questioning is just really unprofessional and inappropriate. I\u2019m a graduate of \u2014 public relations journalism. That\u2019s not how was taught. I\u2019m offended.\u201d Four of the five people who confirmed Eddy spoke about his experiences at the time said he mentioned an inappropriate touch in a vehicle. Two recalled Hall by name without being asked was a little shocked to find out that someone in a higher status at the university feels the ability or need to do that to somebody who is a student and employee,\u201d Underwood said. Wolbach said Eddy relayed the story to him and another friend. He said doing so was clearly difficult for Eddy. \u201cIt sounded like Boren was trying to liquor Jess up and have his way with him. That\u2019s the impression we got from him,\u201d Wolbach said. \u201cHe didn\u2019t consent. That\u2019s the other important thing believe he was pretty repulsed by all of this.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 4/14 \ue809 At a Norman bar in December 2012, Jess Eddy (center) poses with friends. (Provided would pretend like it didn\u2019t bother me\u2019 In the five months after his Houston interactions with Boren and Hall, Eddy bought more bottles of scotch. In separate events, he was arrested for disturbing the peace and vandalizing a police car. In April 2011, he was arrested for public intoxication during the Norman Music Festival. The wild spring semester left Eddy in a detoxification rehab. \u201cHaving hindsight now to help me can see that very soon after [the Houston trip], Jess, for lack of a better term, started spiraling,\u201d Wolbach said. \u201cIt absolutely kind of shook his faith in authority and things like that.\u201d Eddy said Boren called him while in rehab and asked that they connect when Eddy left the hospital. \u201cThat\u2019s when he started bringing me into his office to talk about my personal issues,\u201d Eddy said. \u201cHe would kiss me on the cheek, he would touch my ass.\u201d Eddy estimated that he met with Boren \u201conce or twice a semester\u201d in 2011 and 2012, and he said the unwanted sexual advances continued was just confused would just pretend like it didn\u2019t bother me,\u201d Eddy said. \u201cNow understand the severity of the trauma and the impact of the confusion it can have on a young guy.\u201d Speaking on the condition of anonymity, a person who has known Eddy for more than two decades said Eddy \u201cfelt betrayed and deceived.\u201d \u201cWhen he got back from that trip, he wasn\u2019t really the same remember him talking about it,\u201d the individual said think it was detrimental in the fact that Boren was a role model in his life.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 5/14 \ue809 Boren attorney want to deal with fact and truth statute of former University of Oklahoma President David Boren stands on the North Oval. (Ben White) On Feb. 14, Nolan Clay of The Oklahoman reported that had enlisted the Jones Day law firm to investigate Boren for allegations of sexual misconduct against male aides. Through his friend and spokesperson, Boren denied the report. \u201cEven though we have received no complaint, President Boren emphatically denies any inappropriate behavior or unlawful activity,\u201d said Bob Burke, an attorney. \u201cHe has been a dedicated public servant for more than 50 years and his life is an open book in Oklahoma.\u201d On March 1, Burke confirmed with media that Jones Day had requested an interview with Boren. Burke and Tulsa attorney Clark Brewster, who is also representing Boren, said the 77-year-old civic leader would cooperate. \u201cThey\u2019ve requested an opportunity to meet with him and we\u2019re going to operate in good faith to try to get that accomplished as soon as practical,\u201d Brewster told The Oklahoman. \u201cHe\u2019s directed us to be responsive.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 6/14 \ue809 Calls to Boren, Burke and Brewster on Tuesday morning initially went unreturned. Brewster answered a second call and said he had \u201cno idea\u201d what allegations Eddy would be making don\u2019t know you, but (if call somebody up who is representing somebody and say need you to tell me what this person said or what your person says about (something),\u2019 that\u2019s just horseshit,\u201d Brewster said. \u201cWe\u2019re going to proceed through the investigation, and if there is an issue that needs to be addressed, we will address it at the proper setting.\u201d Brewster declined to answer whether he and Eddy had spoken this month want to deal with fact and truth, OK?\u201d Brewster said. \u201cAnd want to) deal with facts in front of me, not some speculation or some conversational thing that somebody said that somebody said.\u201d NonDoc has learned that Jones Day has spoken with Eddy for its investigation. Eddy said he could not provide details about ongoing discussions with Jones Day or the university, but he expressed frustration with the situation, a driving factor in his decision to speak publicly have no faith that the university is interested in protecting the victims or getting the full truth,\u201d Eddy said know that people still employed at who are active in carrying out investigations were witnesses of Boren\u2019s conduct and didn\u2019t do anything about it.\u201d To that end, Eddy said his past distrust of \u2014 and unfavorable interactions with \u2014 law enforcement partially stemmed from the events alleged in this story was furious with authority. It totally was (related),\u201d he said. \u201cSometime after talking to some relatives remember saying, \u2018How can respect this institution? How can go to and be in government when know this information about the moral decay and how corrupt it is. And I\u2019m supposed to respect this guy?'\u201d Despite struggling with those events and the death of a close friend, Eddy said he stayed in contact with Boren, even accepting a job with the President\u2019s Action Line and visiting an psychiatrist at Boren\u2019s direction. \u201cIt was a bewildering experience. They were friends,\u201d Eddy said of the psychiatrist. \u201cThe guy would talk about how great David Boren was and how special that made me \u2014 the same kind of language Boren used. It was crazy.\u201d Looking back on his visits to the psychiatrist, Eddy called the situation \u201coutlandish.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 7/14 remember sitting through those meetings thinking can\u2019t tell this guy anything need to appear to be talking about deep stuff need to appear to be making progress,\u2019\u201d Eddy recalled. Anticipating the skeptics Over the years, Eddy thought a great deal about taking some sort of action. He thought about suicide, and he thought about suing Boren, something he fears will now be used against him. After The Oklahoman reported that Boren was being investigated, Eddy said \u201cit brought the trauma from the past back to the present\u201d and left him frazzled and unable to sleep. Eddy said Brewster called him and told him that a Title \u201cintake summary\u201d had been filed with the university by someone Eddy had spoken to previously about the Houston trip. Eddy said Brewster asked him for a letter stating that the allegations attributed to him were untrue. Eddy said he wrote a brief letter to that effect and sent it to Brewster. \u201cIt wasn\u2019t the truth,\u201d Eddy said of the letter. \u201cBrewster asked me for it was in an emotional crisis, and was scared of Boren, and did it in a quick second. That was a Thursday (March 14).\u201d Asked about Eddy, Brewster said he was \u201cnot going to talk about witnesses.\u201d On Sunday, March 17, Eddy was \u201cdesperate for relief\u201d and did something he said he now regrets, in that it could change public perception of his story (called Boren and) asked him for compensation for my pain and suffering because was reeling from that (and) realizing that now I\u2019m at the center of an investigation, and I\u2019m basically on the brink of killing the investigation and covering up his shit,\u201d Eddy said. Eddy said Boren denied there was alcohol in the Houston hotel room and claimed it connected to an adjoining room where others were present. \u201cHe just completely started to lie,\u201d Eddy said. \u201cHe said, \u2018Jess don\u2019t know what you\u2019re talking about.\u2019 He said a bunch of different stuff. He said took you to Houston because you were going through problems and that it would be good for you to get out of town for a while.\u2019 That\u2019s ridiculous.\u201d After that, Eddy said he realized he was in a corner and had no choice but to speak publicly. \u201cThat Sunday was the lowest point of my life. That\u2019s the truth,\u201d Eddy said felt all the burden of the unknown number of victims felt like had compromised my integrity.\u201d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 8/14 \ue809 From a Bible to #MeToo Former University of Oklahoma president David Boren answers questions at a press event on Thursday, Sept. 6, 2018, at the Oklahoma State Capitol. (Ben White) Rumors of David Boren\u2019s sexual behavior have trailed his legendary political career for 50 years. While running for the U.S. Senate in 1978, he swore on a Bible am not a homosexual or bisexual.\u201d In 1993 rights activist Michael Petrelis called a Washington, D.C. press conference alleging that Boren was the unnamed U.S. senator \u201cwho has engaged in same-sex sexual harassment of his gay staffers\u201d as detailed in Michelangelo Signorile\u2019s book Queer in America: Sex, the Media, and the Closets of Power. In April 1994, Boren called reports that he would resign from the U.S. Senate and become president \u201cabsolutely false.\u201d Hall, who was serving as Boren\u2019s director of eastern Oklahoma operations, said \u201cthere\u2019s nothing to that\u201d and called the media reports \u201cridiculous.\u201d In November 1994, Boren officially assumed the university\u2019s top post and is widely credited with transforming OU\u2019s academic trajectory, research programs and campus infrastructure during his 24 years at the helm. Hall spearheaded numerous fundraising efforts for Boren, dramatically increasing the amount of private money given to the university for building projects, scholarships and endowments. 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 9/14 \ue809 Former Vice President of University Development Tripp Hall was terminated Nov. 1. (University of Oklahoma) In 1995, a fellow Oxford classmate and Rhodes Scholar named W. Scott Thompson published The Price of Achievement: Coming Out in Reagan Days. Of Boren, the former member of the Ford and Reagan administrations wrote was aware that David was gay before was aware of my own homosexuality.\u201d With the legalization of gay marriage and the advancement of rights, questions about Boren\u2019s sexuality might seem irrelevant in 2019, Bible swearing aside. At the same time, the ongoing #MeToo movement has heightened American sensitivity about powerful men leveraging their professional resources for sexual gratification. \u201cWe have had a cultural shift to where these things are not OK,\u201d Wolbach said think the idea that these people who have committed these monstrous acts \u2014 that they are not free from them and they can still be punished for them \u2014 is a great thing as far as where we\u2019re at with our society today.\u201d Second graduate alleges sexual battery by Tripp Hall By telling his experience to certain people within the community, Eddy said he heard a string of stories about other students and staff members finding themselves in uncomfortable situations. Through a mutual friend, one of those stories came from Levi Hilliard, a 24-year-old employee of the University Club, which caters events waiter and bartender, Hilliard said Tripp Hall touched him inappropriately multiple times in 2017 and 2018. \u201cThere were several incidences. The very, very first was back in probably February 2017,\u201d Hilliard told NonDoc. \u201cHe came up behind me, and he patted me on the butt a few times, and of course was like, \u2018Wait, what?\u2019 But just didn\u2019t think anything of it at the time, and just went on my way.\u201d But during a Feb. 17, 2018 donor appreciation event at the Sam Noble Museum of Natural History, Hilliard said Hall went much further while Hilliard was bartending with two female coworkers. \u201cHe had obviously been drinking before he arrived. He comes up, and he asks for a glass of wine,\u201d Hilliard said. \u201cSo we pour him a glass of red wine, and instead of grabbing the glass, he grabs the bottle and starts chugging from it.\u201d Hilliard said Hall walked behind the bar and hugged the two women. 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 10/14 \ue809 \u201cThen he came up to me and he leans in for a kiss, so kind of start leaning away, and it was at that point that he used his right hand to grab the side of my head, and with his left hand he was grabbing my shirt on my left arm, and he pulled me in and kissed me on the neck. He said, \u2018Yeah, that\u2019s the stuff,\u2019 and then he walked away.'\u201d Hilliard said his coworkers \u201cwere just as shocked as was,\u201d and he said he texted his supervisor about what had happened. \u201cHe said, \u2018We\u2019ll talk about it on Monday, and we\u2019ll get this sorted out.\u2019 And then, of course, nothing ever came of it,\u201d said Hilliard, a 2017 graduate. At the time, Hall served on the Board of Trustees for the University Club, which employs Hilliard. He said Hall made another overt advance during a 2018 football game while Hilliard was carrying a load of dishes. \u201cAll of a sudden feel a tug on the back of my shirt, and turn around and it\u2019s Tripp,\u201d Hilliard said. \u201cHe comes up, he grabs my butt and then kisses me on the neck and says, \u2018If you need any help with that, let me know.'\u201d Hall\u2019s university employment was terminated Nov. 1 by new President Jim Gallogly, and a plan to name a room in Whitehand Hall after him was scrapped soon thereafter. Hilliard said he did not report the incidents to OU\u2019s Title Office didn\u2019t know how, and guess had hope that if reported it to my supervisor they would deal with it and maybe they would file a Title report,\u201d Hilliard said. NonDoc reviewed text message communications from a woman who knows Hilliard and asked not to be named in this article. Her recap of the situation involving Hall aligns with Hilliard\u2019s statements. \u2018He was so powerful\u2019 While Hilliard remains employed at the University Club and Eddy worked as OU\u2019s director of strategic initiatives near the end of Boren\u2019s presidential tenure, Eddy said their stories illustrate corruption that tangibly harms young people on campus. Follow @NonDocMedia on: Facebook \| Twitter \| Instagram 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 11/14 \ue809 Jess Eddy traveled to Washington, D.C., during spring break of 2010 while enrolled at the University of Oklahoma. (Provided) \u201cYou hear the stories, but as a kid at 21, it\u2019s impossible to comprehend,\u201d Eddy said. \u201cDavid Boren was one of my heroes, and to learn that kind of moral decay, abuse and corruption was rampant, it was both the most devastating, infuriating and confusing reality that have ever faced and am still facing.\u201d Eddy\u2019s university employment ended in 2018 after he criticized Gallogly\u2019s administration for putting a Collegiate Recovery Program on hold. The program had been authorized by Boren, and Eddy admits that some might find it weird that he re-enrolled in, graduated from and ultimately applied to work at the University of Oklahoma years after his life-changing trip to Houston. Sometimes, the past eight-and-a-half years baffle Eddy, too. \u201cWhat was exceedingly confusing about it was that you hear the rumors, you see his infatuation with you, and because he\u2019s a hero and mentor and somebody you long to learn from, you\u2019re just hoping \u2014 even though all the signs are pointing in the wrong direction \u2014 that it\u2019s not true,\u201d Eddy said. \u201cHe was so powerful and surrounded by so many people that you knew knew. The only thing you could do about it was to let it happen. The only thing you could do was to mitigate the opportunities for it to get worse releases statement released a statement to media Tuesday evening about Eddy\u2019s comments to NonDoc: Wednesday morning, Burke sent NonDoc a statement says this months long inquiry started with an accusation by a former teaching assistant. However, Jess Eddy gave me a statement that President Boren never acted inappropriately,\u201d Burke said. \u201cIn fact, he told the lawyers for Jones Day the same thing in an interview months ago know that for a fact. However, the university has spent hundreds of thousands of taxpayer dollars having The goal of this investigation since the beginning has been to proceed with the highest degrees of professionalism, confidentiality and sincere concern for all parties involved particularly potential victims. This is our duty. While individuals may share their own personal accounting, it is critical that the university proceed deliberately, objectively and with respect for all the individuals involved. The investigation is not complete and comment on specifics at this time would be inappropriate. 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 12/14 \ue809 Jones Day run down rumors and gossip in an attempt to smear President Boren\u2019s good name and destroy his legacy. He continues to deny any inappropriate behavior with anyone at any time.\u201d Eddy responded that he told Jones Day the allegations detailed in this story really don\u2019t want to get into a back-and-forth with Bob,\u201d Eddy said. \u201cAll can say is it was and is an exceedingly difficult time, and I\u2019m just trying to do the right thing now have told my story as reported by NonDoc to investigating authorities.\u201d (Updates: This story was updated at 6:43 p.m. Tuesday, March 26, to provide more accurate information about the date of the donor appreciation event at the Sam Noble Museum of Natural History. The story was updated at 11:20 p.m. Tuesday to include OU\u2019s statement in response. It was updated again at 12:00 p.m. Wednesday, March 27, to include Burke\u2019s statement and the response from Eddy.) 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 13/14 \ue809 Support Journalism Tres Savage Tres Savage (William W. Savage III) has served as editor in chief of NonDoc since the publication launched in 2015. He holds a journalism degree from the University of Oklahoma and worked in health care for six years before returning to the media industry. He is a nationally certified Mental Health First Aid instructor and serves on the board of the Oklahoma Media Center. \uf466 \uf304 \ue831 \uf12d 2/22/25, 6:44 graduate alleges sexual battery by David Boren, Tripp Hall 14/14", "8248_103.pdf": "\uf062 regents: David Boren resigns as professor, \u2018brings this matter to a close\u2019 By Tres Savage - Wednesday, June 12, 2019 statute of former University of Oklahoma President David Boren stands on the North Oval of OU's Norman campus. (Ben White) 2/22/25, 6:44 regents: David Boren resigns as professor, 'brings this matter to a close' 1/4 \ue809 The University of Oklahoma\u2019s Board of Regents announced this afternoon that former President David Boren has resigned his professorship, a move the regents said concludes their Title process and \u201cbrings this matter to a close.\u201d The university made the announcement shortly before 3 p.m. Wednesday via emailed statement: The statement featured a quote from Leslie Rainbolt-Forbes, chairwoman of the Board of Regents. \u201cWe have worked very hard to bring to a close the Title issue between David Boren and the University of Oklahoma while respecting those individuals involved who desire to maintain their privacy,\u201d Rainbolt-Forbes said. \u201cDavid Boren no longer has any relationship going forward with the University as a result of his resignation. The decision to accept his resignation terminates the Presidential Transition Agreement and brings this matter to a close. The University will now focus its energy and resources on strategic initiatives important to our community.\u201d Rainbolt-Forbes acknowledged the pending investigation by the Oklahoma State Bureau of Investigation and the Multi-County Grand Jury\u2019s scheduled meeting next week. \u201cWe are mindful of the investigation and will be watchful as to the determination of the grand jury,\u201d she said. Support Journalism Today, the regents announced that the Title issue between David Boren and the University of Oklahoma has been concluded. David Boren has chosen to resign, which terminates the Presidential Transition Agreement and relinquishes his affiliation with the University of Oklahoma. 2/22/25, 6:44 regents: David Boren resigns as professor, 'brings this matter to a close' 2/4 \ue809 Accuser: \u2018This shouldn\u2019t bring the matter to a close\u2019 Jess Eddy, who has accused Boren of inappropriate touching, said he feels conflicted by OU\u2019s announcement. \u201cI\u2019m pleased that David Boren won\u2019t be in a position to prey on students, but I\u2019m concerned that the university has yet to take any action to reform the offices that should have prevented this from ever happening in the first place,\u201d Eddy said. \u201cThis is an important step toward healing at the university, and the next steps include learning how this abuse was able to happen and how to prevent it from happening again look forward to an era of accountability at OU.\u201d But Eddy said he took issue with the statement about the matter being closed at OU. \u201cThis shouldn\u2019t bring the matter to a close,\u201d he said. \u201cThere should be an investigation as to why this was able to happen for so long. Why weren\u2019t there mechanisms that prevented it? There needs to be an investigation to answer those questions, and then there needs to be a thorough and thoughtful analysis about how we\u2019re going to be able to prevent it from ever happening again.\u201d Eddy said he believes he, other victims and the public have a right to review the full report prepared by Jones Day, a law firm hired to investigate Boren and other university issues. \u201cThe Jones Day is public property paid for by student fees and tax dollars,\u201d Eddy said. Earlier Wednesday, the Open Records Office denied a May 1 request from NonDoc seeking the Jones Day report. \u201cYour request seeks records related to a specific employee. The university will not undertake a search for records that would not be released even if they exist said in an email to NonDoc. \u201cAny report that legal counsel, retained by the university, provides at the conclusion of any investigation of any employee would be confidential pursuant to 51 O.S. \u00a7\u00a7 24A.5(1)(a), 24A.7(A), and 24A.12. Please feel free to contact this office if you would like to clarify your request or have any questions or concerns.\u201d On May 28, the university provided Eddy with an excerpt of the Jones Day report related to his allegations. The law firm described him as \u201cgenerally credible,\u201d and the excerpt revealed that his story was one of \u201csix witnesses\u201d who had told stories of encounters with Boren, according to The Oklahoman. 2/22/25, 6:44 regents: David Boren resigns as professor, 'brings this matter to a close' 3/4 \ue809 Support Journalism Tres Savage Tres Savage (William W. Savage III) has served as editor in chief of NonDoc since the publication launched in 2015. He holds a journalism degree from the University of Oklahoma and worked in health care for six years before returning to the media industry. He is a nationally certified Mental Health First Aid instructor and serves on the board of the Oklahoma Media Center. \uf466 \uf304 \ue831 \uf12d 2/22/25, 6:44 regents: David Boren resigns as professor, 'brings this matter to a close' 4/4", "8248_104.pdf": "State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma 20, 2025 3:29 \ue671 \ue61b \uf39e \uf0e1 \uf0e0 \uf0c1 \uf02f \uf030 David Boren teaches in his government class at the University of Oklahoma. Boren, 83, died early Thursday morning. (Photo Provided by Public Affairs/Courtesy of Daily) (This photo may be republished with this article \u2014 Tributes poured in Thursday from Oklahoma state officials following the death of former governor and U.S. senator David Boren. Boren, 83, who died surrounded by family, was also a fierce advocate for public education and a former president of the University of Oklahoma. His career in public service spanned from 1966, when he was elected to the state House, until his retirement from the University of Oklahoma in 2018. He was one of the last \uf002 2/22/25, 6:44 State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma \u2022 Oklahoma Voice 1/5 leading Democrats in Oklahoma before the state\u2019s turn to the Republican Party. As a \u201csign of respect,\u201d Gov. Kevin Stitt ordered flags on all state property be flown at half-staff until Boren\u2019s interment as a show of respect. He and his wife, Sarah, extended their condolences to Boren\u2019s wife and family, saying that the former governor \u201cdedicated his life to serving our state.\u201d Boren will be buried near his parents in Seminole in a private graveside event next week, said Bob Burke, a longtime friend. His family is working on a public memorial tribute, hopefully to be held in March. He is survived by his wife of over 45 years, Molly Shi, and his two children from a previous marriage, Carrie Christine Boren, a minister, and David Daniel Boren, a former Oklahoma U.S. congressman. House Minority Leader Cyndi Munson, D-Oklahoma City, said she was saddened by the loss of Boren and lauded his contributions as a public servant, but also as a husband, father and grandfather. Senate Minority Leader Julia Kirt, D-Oklahoma City, said Boren had an \u201camazing legacy,\u201d despite allegations of sexual misconduct toward the end of his life. In 2019, less than a year after retiring from OU, a former student accused Boren of inappropriately touching and kissing him while he was working in the university president\u2019s office nearly a decade prior. Boren denied the allegations. The university hired an international law firm to investigate allegations of sexual harassment of male employees, but very little about the investigation\u2019s findings have been made public. The Oklahoma State Bureau of Investigation also investigated, and no criminal charges were filed know some things were fraught at the end in terms of the reports on potential allegations and think we have to take that seriously certainly trust victims in that case,\u201d she said don\u2019t think that that overshadows what he did, firstly, in terms of the progress in higher ed and the work he did as a U.S. senator. \u2026 What a story of Okie success.\u201d Oklahoma Democratic Party Chair Alicia Andrews said Boren\u2019s \u201csteadfast\u201d pursuit of reform and progress created a profound and 2/22/25, 6:44 State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma \u2022 Oklahoma Voice 2/5 lasting impact on the state and called him a \u201ctransformational\u201d leader. House Speaker Kyle Hilbert, R-Bristow, said he will remember the former governor\u2019s long history of service, and the shared stories Boren told him as a freshman lawmaker while visiting the Boyd House, the president\u2019s official residence on OU\u2019s campus remember his stories, talking about when he was a member of the House and fighting to make sure that there were reported votes in committees, and talking about one time a member thought a bill was going to fail on the House floor, so they let a rooster loose on the House floor,\u201d he said. \u201cAnd so just thinking about things like that happening today are fascinating, but those are the kind of stories that stick with you.\u201d Senate President Pro Tem Lonnie Paxton, R-Tuttle, said Boren was someone who succeeded in every role he took on and said his death \u201cwill be noticed and his contributions to and the state are very well noted.\u201d \u201cAnd, you know, that\u2019s a situation where you look back on his career as a Democrat, and I\u2019m Republican,\u201d Paxton said. \u201cThat\u2019s not how we look at this. We look at it as the things he had succeeded on through his career.\u201d Speaking on the House floor Thursday, Rep. Danny Williams, R- Seminole, recalled his own memories of Boren. He said Boren used to stand on top of his desk at the back of the House chamber during floor debates. He called Boren a \u201cunique Oklahoman\u201d who \u201cdid things most people only dream of doing just wanted you to know that he wasn\u2019t a perfect man, and neither am I, but he was a great Oklahoman and made a lot of difference,\u201d Williams said. \u201cAnd his contributions will live on for a lifetime and beyond just want to take a moment to say thanks to David Boren for the contributions he\u2019s made to the great state of Oklahoma.\u201d Oklahoma Voice reporter Barbara Hoberock contributed to this story 2/22/25, 6:44 State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma \u2022 Oklahoma Voice 3/5 Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics \uf0e0\ue61b Emma covers the statehouse for Oklahoma Voice. She is a graduate of University of Missouri - Columbia and covered Missouri's legislature for three years at the Columbia Missourian. Oklahoma Voice is part of States Newsroom, the nation\u2019s largest state- focused nonprofit news organization February 22, 2025 February 21, 2025 VOICE. Storm chasers concerned about potential Oklahoma \u2018tracker\u2019 bill as chasing grows in popularity Oklahoma lawmaker sues governor over executive order ending remote work 2/22/25, 6:44 State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma \u2022 Oklahoma Voice 4/5 Oklahoma Voice provides independent, nonpartisan reporting that holds officials accountable and elevates the voices of those too often sidelined by the political process. We\u2019re part of States Newsroom, the nation\u2019s largest state-focused nonprofit news organization Policy \| Ethics Policy \| Privacy Policy Our stories may be republished online or in print under Creative Commons license 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. (See full republishing guidelines.) \ue671 \uf39e \uf179 \u00a9 Oklahoma Voice, 2025 v1.74.6 FAIR. FEARLESS. FREE. 2/22/25, 6:44 State leaders honor former Gov. David Boren\u2019s decades-long dedication to serving Oklahoma \u2022 Oklahoma Voice 5/5", "8248_105.pdf": "8953-74eb90ff7828.html Regents Chair: Investigation of Boren was fair, objective By Associated Press Apr 10, 2019 Former president David Boren. (File (AP) -- The chair of the University of Oklahoma Board of Regents says an outside investigation into allegations of sexual misconduct by former President David Boren was fair and objective, although none of its findings have been released Board of Regents Chairwoman Leslie Rainbolt-Forbes said Tuesday the investigation by the Jones Day law firm was launched after \"multiple individuals\" alleged inappropriate conduct. Rainbolt-Forbes didn't name Boren, but his attorneys have confirmed he was the target of the probe. Regents discussed the report behind closed doors for six hours. Privacy - Terms 2/22/25, 6:44 Regents Chair: Investigation of Boren was fair, objective \| \| kten.com 1/2 Former student Jess Eddy claimed Boren made unwanted sexual advances and touched him inappropriately when he worked for the former Oklahoma governor and U.S. senator . Boren has denied wrongdoing. Eddy said Tuesday he has no confidence in the university's investigation. Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed David Boren, a former Oklahoma governor and veteran senator and university president, dies at 83 2/22/25, 6:44 Regents Chair: Investigation of Boren was fair, objective \| \| kten.com 2/2", "8248_106.pdf": "indictments/article_8d83ebd0-12f1-11eb-9f58-9398a2ab572c.html 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time at Blake Douglas, news managing editor Oct 20, 2020 2/22/25, 6:44 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time \u2026 1/5 Former President David Boren at his birthday celebration in April 2018. Paxson Haws/The Daily Former President David Boren and former university Vice President Tripp Hall will not face indictments after a lengthy investigation into sexual misconduct allegations. Special counsel Pat Ryan said in a Tuesday news release the Oklahoma State Bureau of Investigation had concluded its investigation of \u201calleged wrongful conduct while they were employed at the University of Oklahoma.\u201d The news was first reported by The Oklahoman. \u201cI\u2019m obviously not surprised, and I\u2019m eased only to the extent that know that this is \u2026 it\u2019s over,\u201d Clark Brewster, Boren\u2019s attorney, told The Daily on Tuesday. \u201cThis was started maliciously two-and-a-half years ago by (former President James) Gallogly, this started off with just an outsized vengeance by Mr. Gallogly who actually was quoted as saying \u2018He\u2019s the meanest that Mr. Boren ever encountered and he will destroy him.\u2019\u201d 2/22/25, 6:44 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time \u2026 2/5 The investigation began in the spring of 2019, shortly after NonDoc reported that graduate and former university employee Jess Eddy accused Boren and Hall of unwanted sexual touching report by the Jones Day law firm later found that Eddy\u2019s account of the sexual misconduct to be \u201cgenerally credible,\u201d and later confirmed to Eddy he had been subjected to a \u201chostile\u201d working environment while employed at during its own Title investigation. An independent lawsuit was filed by Levi Hilliard, another former student and employee who accused Hall of \u201cmultiple instances\u201d of sexual assault and battery, but the suit was later settled. Boren, a former Oklahoma governor and U.S. senator who served as president from 1994 to 2018, denied wrongdoing throughout the process. However, he did cut remaining ties with the university \u2014 including his position as a political science instructor, free tickets to sporting events and a campus office and parking space \u2014 in June 2019. Eddy said although an indictment will not be seen, he will be pleased if his story helps measures be taken at to keep students safe from sexual crime in the future. \"The fact is David Boren preyed on young men at for decades. Many experienced much greater trauma than me,\" Eddy said in a statement to media. \"Justice for me was not an indictment, but rather that the truth prevail and measures be taken at to ensure this never happens again ... if that end was met, much of my objective has been accomplished.\" Brewster said he expects Boren to publicly address the investigation\u2019s findings at some point in the future. \u201cWell think he will (speak publicly at some point soon),\u201d Brewster said. \u201cIt\u2019s the dawn of a new day for (Boren and his wife, Molly), and hopefully his reputation will be what it was, and people will admire him as they should for all of the great 2/22/25, 6:44 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time \u2026 3/5 things he\u2019s done for the University of Oklahoma, as well as the state of Oklahoma and the United States as U.S. senator.\u201d Eddy said reform at to prevent sexual violence will not be possible as long as those he said helped facilitate Boren's \"predation\" remain in leadership positions at the university. \"Today, President Joseph Harroz, General Counsel Anil Gollahalli and Clarke Stroud maintain positions of power and influence at OU,\" Eddy said, \"and no student or employee is safe under their administration.\" Harroz has previously worked closely with Boren in several positions, including as Boren's legislative director while Boren was serving as a U.S. senator and as OU's vice president of executive affairs and legal counsel during much of Boren's presidency. Eddy said he was grateful to the law enforcement officials and media members who provided \"human treatment in the darkest period\" of his life. The university issued a brief statement to the media at 1 p.m. Tuesday. \"From the beginning, the university sought a thorough and objective investigation, cooperating extensively with the Oklahoma State Bureau of Investigation at every turn,\" the statement read. \"The university appreciates the work of the and of the Grand Jury.\" Editor's note: This story was updated at 12:50 p.m. to include a statement to media from Jess Eddy. Editor's note: This story was updated at 1 p.m. to include a statement to media from the university. 2/22/25, 6:44 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time \u2026 4/5 Tags News Homepage News By Blake Douglas Key moments in David Boren's University of Oklahoma tenure 2/22/25, 6:44 'Justice for me was not an indictment:' David Boren, Tripp Hall won\u2019t face indictments on sexual misconduct allegations during time \u2026 5/5", "8248_107.pdf": "\uf062 \uf062 \ue809 Tupper rules OU\u2019s Boren misconduct reports privileged, NonDoc to appeal By Tres Savage - Saturday, January 4, 2025 statute of former University of Oklahoma President David Boren stands on the North Oval of OU's Norman campus. (Ben White) Support Journalism 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 1/6 \ue809 (Update: On Tuesday, Jan. 21, the plaintiffs in the case discussed below filed their petition in error to appeal the district court ruling. The following article remains in its original form wo reports into serial financial and sexual misconduct allegations at the University of Oklahoma are privileged as a matter of law, Cleveland County District Judge Michael Tupper ruled Dec. 20. In his 30-page order granting OU\u2019s motion for summary judgment in the Open Records Act litigation brought NonDoc Media and me, Tupper said \u201cproperly exercised its statutory discretion in withholding\u201d the two reports prepared by Jones Day, an international law firm the university paid more than $1 million to investigate decades of donor data misreporting and sexual misconduct allegations against former President David Boren. \u201cAttorney-client privilege applies to the Jones Day reports. The informer privilege applies to the sexual misconduct report. The university has not waived its privileges. The sexual misconduct report is protected work-product,\u201d Tupper wrote in his conclusion. \u201cThe witnesses have a constitutionally protected right to privacy in the reports.\u201d Tupper\u2019s decision comes more than three years after NonDoc and filed a lawsuit alleging OU\u2019s refusal to release the investigative reports violates the Oklahoma Open Records Act. We argue none of OU\u2019s claimed exemptions are applicable to the facts surrounding the reports, several of which remain in dispute. Tupper, who privately read both reports in his chambers this summer despite OU\u2019s objections, disagreed. \u201cThe court has conducted its in-camera review of the reports. Collectively, the reports are comprised of confidential communications, summaries of witness interviews, the results of the investigations, legal analysis, opinions, advice and mental impressions conveyed to the university by its attorney, 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 2/6 \ue809 Jones Day,\u201d Tupper wrote. \u201cThe reports contain confidential communications made for the purpose of facilitating the rendition of professional legal services to the university, and thus fall within the Oklahoma attorney-client privilege found in [Title 12, Section 2502]. Moreover, the reports relate specifically to legal advice or strategy sought by the university, and thus the privilege applies.\u201d As has always been its fate one way or another, this case is heading to appeal. Which panel of the Oklahoma Court of Civil Appeals it will go to \u2014 or whether it could head straight to the state Supreme Court \u2014 remains to be seen. This article will be updated with a link to the appellate case docket when it becomes available. Why this case matters The University of Oklahoma\u2019s Open Records Office is located within Evans Hall on its Norman campus. (Tres Savage) It feels a little odd writing one\u2019s own legal obituary \u2014 for now, anyway \u2014 but fewer newsrooms have the capacity to cover local courts these days. To that end am extremely appreciative of the journalists who covered this case\u2019s hearings in 2024. For those wondering why our news organization has been steadfast in its pursuit of the Jones Day reports, the answer is pretty simple: Each misconduct investigation goes directly to matters of critical public interest regarding the University of Oklahoma. 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 3/6 \ue809 As Oklahomans wonder why does or does not take certain financial actions regarding tuition, employee compensation or, say, athletic programs, stakeholders deserve to know the extent to which Boren and his administration spent two decades lying about and intentionally misrepresenting university finances. The first Jones Day report apparently examines those deceitful actions and the potential culpability of leaders at the time \u2014 presumably including then-Boren legal counsel and current President Joe Harroz. As students, parents and professors look for assurance that takes seriously its obligation to uphold Title protections against sexual misconduct on campus, the second Jones Day report\u2019s inquiry into at least six people\u2019s sexual misconduct accusations against Boren \u2014 one of the most powerful people in state history whom a prominent gay rights activist called \u201cthe queer version of Harvey Weinstein\u201d \u2014 deserves some level of sunlight. How did serial sexual misconduct at go undeterred for decades? How can people be sure similar conduct would be stopped in the future? And what are Oklahomans to make of a campus where Boren\u2019s statue still looms over the North Oval? As to the dozens of spaces, items and awards named on campus for Boren and his spouse \u2014 such as the College of International Studies, a residence hall and much more \u2014 what has been the pecuniary value and fiscal impact to a public university from which Boren agreed to relinquish all affiliation as part of a secret settlement agreement to conclude the Jones Day investigations? Those, of course, are questions for the public, the press and leaders. As an alumnus of the university where my parents both taught have not enjoyed asking about these issues for years, and have hoped some level of clarity and finality can be provided by the release of even just the executive summaries of the formal documents possessed by OU. For the appellate court awaiting our appeal of Tupper\u2019s ruling, however, a different set of legal questions awaits. Subsequent briefs will argue the application of summary judgment at this stage of our litigation, and the judges will have to review what information has \u2014 and has not \u2014 been allowed onto the record in this case. While the next stage of this legal process plays out appreciate the hard work being done by leaders and their governing Board of Regents to improve university finances and advance education and workforce opportunities in this state sit through hours of regent board meetings each year, and know the challenges and opportunities facing our public university. As have maintained during the five years that have passed since Jones Day completed its investigations for look forward to helping the university turn the page beyond misconduct of the past. However, since those who do not learn from history are doomed to repeat it, the public has a right and a need to read the pages that brought us to this point. 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 4/6 \ue809 Read the ruling from Judge Michael Tupper Support Journalism 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 5/6 \ue809 Tres Savage Tres Savage (William W. Savage III) has served as editor in chief of NonDoc since the publication launched in 2015. He holds a journalism degree from the University of Oklahoma and worked in health care for six years before returning to the media industry. He is a nationally certified Mental Health First Aid instructor and serves on the board of the Oklahoma Media Center. \uf466 \uf304 \ue831 \uf12d 2/22/25, 6:45 Tupper rules OU's Boren misconduct reports privileged, NonDoc to appeal 6/6", "8248_108.pdf": "former University of Oklahoma student alleges he was touched and kissed inappropriately by former university President David Boren on several occasions almost a decade ago when the man worked as a teaching aide for the onetime governor and senator. The allegations by Jess Eddy, now 29, appear to be at the center of an investigation being conducted for the university by Jones Day, one of the world\u2019s largest law firms, into whether Boren sexually harassed male subordinates. The Oklahoma State Bureau of Investigation has also opened an investigation. Boren, now 77, has denied any inappropriate conduct in statements released by his attorneys, who have confirmed the Jones Day investigation. Boren was a Democratic governor in the 1970s before serving in the U.S. Senate for more than 15 years. He was president from 1994 until stepping down last year and has been married to his second wife for more than 40 years. He has denied requests to be interviewed, citing poor health. Oklahoma ex-senator David Boren accused of sexual misconduct Published 5:30 CST, March 30, 2019 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:45 Oklahoma ex-senator David Boren accused of sexual misconduct News 1/5 Boren\u2019s attorney, Clark Brewster, said Eddy\u2019s newest account of his encounter with Boren, which he detailed in an interview Wednesday with The Associated Press, contradicts previous statements he gave to Jones Day investigators and to Brewster. In those earlier statements, he said he was not aware of any inappropriate behavior. Eddy\u2019s latest allegations were first reported Tuesday by the online news site NonDoc. \u201cMr. Eddy was carefully examined, asked about anything that he had ever witnessed or had seen or had experienced and not only said that didn\u2019t occur, but he gave specific factual detail as to why it couldn\u2019t have been true,\u201d Brewster said. Eddy acknowledged the discrepancy with his initial accounts and said he was untruthful in an effort to protect Boren. \u201cMy initial instinct was to do what Boren wanted,\u201d Eddy said was under extreme duress.\u201d Eddy confirmed providing Brewster with a signed written statement dated March 14 in which he addressed allegations made against Boren. \u201cTo the extent that any of these allegations are attributed to me would like to make perfectly clear that they are not true,\u201d Eddy wrote. Eddy also acknowledged calling Boren personally and asking for financial compensation after The Oklahoman first reported Boren was being investigated felt like a great wrong had been done to me, and was looking for the path of least resistance out and some relief,\u201d Eddy said hope people can understand that this has just been a traumatic and deeply disturbing experience that\u2019s required me to undergo a lot of deep thought and consideration about what the right thing to do is.\u201d Eddy said he decided to speak publicly about his encounters with Boren after he \u201cstarted to realize the implications of what was doing by concealing my truth.\u201d \u201cThinking that there might be others like me began to just haunt me,\u201d he said. Eddy said he came to know Boren after taking a political science course the president taught. Boren asked him to be his teaching aide the following semester, in the fall of 2010, when Eddy was 21. 2/22/25, 6:45 Oklahoma ex-senator David Boren accused of sexual misconduct News 2/5 That fall, he said, he accompanied Boren on a weekend fundraising-and-recruiting trip to Houston, where he flew on a private jet with Boren and attended a dinner with donors. He said he and Boren ended up in Boren\u2019s hotel room, where the two of them drank alcohol and Boren made an unwanted sexual advance and touched him inappropriately before he left the room. Eddy declined to elaborate, saying the experience was too traumatic to discuss in detail. The next morning, when a group of administrators picked him and Boren up at the hotel, OU\u2019s former vice president of university development, Tripp Hall, a longtime Boren ally, placed his hand on Eddy\u2019s inner thigh, touched his genital area and asked him if he had a good time, Eddy said. Hall, who left the university in November, did not respond to telephone and email messages seeking comment. He declined to comment on the allegations when contacted by NonDoc. Eddy suggested Hall and other high-level administrators at were aware that Boren made unwanted advances toward male subordinates but did nothing to stop it. Eddy cited several other incidents of unwanted touching and kissing by Boren that occurred in Boren\u2019s office at in 2010 and 2011. He said he was not aware of any documents or other physical evidence that would corroborate his new account, but three people who knew Eddy in 2010 confirmed to the that he recounted to them a similar story about Boren\u2019s sexual misconduct in the hotel room. P.J. Wolbach, a friend of Eddy\u2019s since high school, said he recalled hearing about the incident in the hotel room shortly after Eddy returned from the trip. \u201cHe told us how they had drinks and were alone and how Boren got touchy with him in a sexual manner,\u201d Wolbach recalled remember those points with vivid detail.\u201d 2/22/25, 6:45 Oklahoma ex-senator David Boren accused of sexual misconduct News 3/5 Eddy returned to work at OU\u2019s Office of University Community in 2017 but left a year later after reaching a separation agreement with the university. He said he now works part-time for a law firm. Boren\u2019s attorney said a transcript Eddy provided him of his first interview with Jones Day attorneys in mid- February showed Eddy not only denied ever witnessing or experiencing any inappropriate conduct by Boren, but also gave specific factual details as to why the allegations could not have been true. \u201cAnd then you call up somebody and say you want money or you\u2019re going to say something different?\u201d Brewster said. \u201cThat does cause somewhat of a daunting incredibility is all I\u2019m saying.\u201d Neither Brewster nor Eddy agreed to release a copy of the transcript to the AP. Eddy said he met again with Jones Day investigators this week and provided a detailed account of his allegations against Boren. Jones Day did not immediately respond to a message seeking comment spokeswoman for the Norman Police Department confirmed that Eddy also spoke with detectives this week to make a report, but they determined none of the alleged incidents happened within their jurisdiction. Eddy\u2019s complaint was forwarded to the Oklahoma State Bureau of Investigation. An spokeswoman confirmed the agency is investigating allegations against both Boren and Hall. Eddy declined to discuss whether he was considering legal action against Boren or OU. He would not comment on whether he had talked to investigators. In a statement this week, the university acknowledged an ongoing investigation into a report of sexual misconduct school officials received in November 2018, but they have declined to discuss details. \u201cThe goal of this investigation since the beginning has been to proceed with the highest degrees of professionalism, confidentiality and sincere concern for all parties involved, particularly potential victims,\u201d the statement read. \u201cWhile individuals may share their own personal accounting, it is critical that the university proceed deliberately, objectively and with respect for all the individuals involved.\u201d ___ Follow Sean Murphy at 2/22/25, 6:45 Oklahoma ex-senator David Boren accused of sexual misconduct News 4/5 Federal judge allows Trump\u2019s mass firings of federal workers to move forward Steve Bannon is accused of doing a straight-arm Nazi salute at but says it was just \u2018a wave\u2019 Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity Judge largely blocks Trump\u2019s executive orders ending federal support for programs Dow falls nearly 750 points and stocks tumble as businesses and consumers worry about tariffs 1 2 3 4 5 2/22/25, 6:45 Oklahoma ex-senator David Boren accused of sexual misconduct News 5/5"}
7,702	Eric Tranby	University of Delaware	[ "7702_101.pdf", "7702_102.pdf", "7702_103.pdf", "7702_104.pdf", "7702_105.pdf" ]	{"7702_101.pdf": "Professor ousted students protest harassment policy Esteban Parra The News Journal Published 4:26 p.m Sept. 19, 2014 Updated 11:33 a.m Sept. 20, 2014 Hundreds of University of Delaware students rallied Friday afternoon, calling for transparency in the school's harassment policy following accusations that a professor offered a student an \"A\" in exchange for sexual favors. The gathering, which was attended by more than 300 students and teachers, started at Memorial Hall. Most of the event's attendants sat on the building steps facing the Green, while others stood or sat near the building. \"End the silence. End the shame students and faculty chanted as the event started. The chants, however, silenced as one of the organizers, Sage Carson, spoke up and began asking for people to give their stories on sexual harassment and assaults. For more than 90 minutes, student after student stood and spoke out about incidents that they had endured. They also urged for changes in the school's policy. \"We have the power to change it,\" said Harry Lewis, a freshman who spoke before the crowd Friday. Lewis of Morristown, New Jersey, told of an attack he survived in high school. He asked for more transparency in the school's sexual harassment policy. \"This really will hopefully show the university that we care a lot about this and that even if they want to sweep it under the rug that's not going to be that easy,\" Lewis said. Another woman got up and said that after filing an informal complaint about a teacher who made advances towards her, including kissing her, she was inspired now to file a formal complaint. \"Hopefully the university will do something about it,\" she said. 2/22/25, 6:45 Professor ousted students protest harassment policy 1/3 The school declined to comment on specifics of the issue that sparked Friday's event. But a letter published Thursday by University Provost Domenico Grasso came closest to explaining the incident in response to a story in the student newspaper, The Review. \"It is important for the University community to know that this matter was handled promptly and appropriately, with the sensitivity and clear communication with the student and her advocate and in accordance with all university policies and the requirements of federal law.\" The matter began when Eric Tranby, a professor in the sociology department, was accused by a student in May of offering her a top grade in exchange for sexual favors Vice Provost of Faculty Affairs Matthew J. Kinservick said Friday that the professor was on administrative leave and Tranby's resignation would formally come at the end of the academic year. \"He will not be back to campus,\" Kinservick said can't talk about the reasons for that.\" The school would not say if Tranby was being paid during his administrative leave. Andrea Boyle Tippett declined to comment on the accusations. Tranby could not be reached for comment Friday; a phone number in his name was disconnected. The student, who graduated last year, said there was no transparency in the school's policy, adding that after she filed her complaint she did not know what had happened to Tranby until reading about it in The Review's article. \"They still haven't told me anything,\" she told The News Journal. The woman, who is not being identified by this newspaper, said she was surprised by the turnout, saying she'd thought maybe 50 people would go out and only because a professor told them to go for a grade. \"But think those people wanted to be there,\" she said. She hoped the rally put pressure on to make some changes in their policies concerning these matters. The rally ended with a march to the home of UD's President Patrick T. Harker. He did not come out as several participants chanted for a brief time sophomore Matthew Scott, another of the organizers, said they were happy with the turnout and hoped the university hears and deals with student complaints that have so far gone unheeded. 2/22/25, 6:45 Professor ousted students protest harassment policy 2/3 \"We're here to state to the administration that something needs to be done,\" he said. \"That we need change.\" The school has a policy against sexual and other unlawful harassment, including \"a demand for sexual favors accompanied by implied threats about the person's employment or academic status, or implied promises of preferential treatment officials said they were proud their students held the rally and wanted their voices to be heard. \"The University of Delaware is proud of its students for organizing this event to talk about a very important topic facing all colleges and universities today,\" Boyle Tippett said in a statement. \"Student safety is among our top priorities, and we take this issue very seriously. We welcome the input of our students and look forward to learning what they have to say.\" Also present at the rally was sociology professor Chrysanthi Leon, who the student turned to last year. Leon, who teaches about these matters, became the former student's advocate and also called for more transparency and to let people know what's going on and prevent it from continuing. Leon also applauded Friday's rally, saying that students needed to speak up if there were to be any changes. \"The bigger issue is not resolved,\" Leon said. \"The bigger issue is how can we change our policies and make it clear that we need to do things that indicate that we won't accept sexual coercion of students by professors, that we won't accept any other kind of sexual violence.\" Contact Esteban Parra at (302) 324-2299 or [email protected] or on Twitter @eparra3. 2/22/25, 6:45 Professor ousted students protest harassment policy 3/3", "7702_102.pdf": "grad alleging sexual harassment from professor speaks out Tom Lehman Sep 24, 2014 - 8:53 pm Hundreds of University of Delaware students and faculty last week protested the school's handling of a sexual harassment complaint File University of Delaware alumna who said she was sexually harassed by a sociology professor said she was kept out of the loop about the investigation into her claims. Speaking to 10, the graduate alleged Professor Eric Tranby offered her an \"A\" in his class in exchange for sex. She said Tranby indicated he had previously performed sexual acts with other students in his office. \"He said 'oh, we'll just cover up the webcam and turn down the blinds,\" she said. After rejecting his alleged offer and threatening to tell university officials, she claimed Tranby begged her in an email not to say anything told him would tell and he begged me not to, telling me would ruin his career and he would give me the 'A' anyway,\" she said 10 was unable to reach Tranby for comment, but in a statement issued to UD's student newspaper, the Review, he denied the allegations. 2/22/25, 6:45 grad alleging sexual harassment from professor speaks out \| The Latest from News \| wdel.com 1/2 Tranby said he remains a faculty member after an investigation didn't find any wrongdoing and that he chose to take a leave of absence while he looked for a new job. The university declined comment on the issue to 10, saying it was a personnel issue that was handled appropriately and Tranby is no longer at the school. The former student said she wasn't informed by the university about developments in the investigation of her complaints feel like it was their responsibility to keep me involved,\" she said. Hundreds of students and faculty demonstrated last week against the university's handling of the case. More than 100 faculty members also signed a letter expressing concern over the issue and calling for change in the university's policies in light of the allegations. Download Baseballs Free Downloads History Basics Christiana Crash Culinary schools in ohio Decency Departs Download Baseballs Free Downloads History Basics Christiana Crash Culinary schools in ohio Decency Departs 2/22/25, 6:45 grad alleging sexual harassment from professor speaks out \| The Latest from News \| wdel.com 2/2", "7702_103.pdf": "Home \ue803Tags \ue803Eric tranby 2/22/25, 6:46 Eric tranby \| The Review 1/1", "7702_104.pdf": "University of Delaware Student Claims Professor Offered Her an \u2018A' in Exchange for Sex By David Chang \u2022 Published September 25, 2014 \u2022 Updated on September 25, 2014 at 5:47 am former University of Delaware student is speaking out after her allegation that her professor offered her a good grade in exchange for sex sparked both an investigation and student protests at University of Delaware student who claims her professor wanted sex in exchange for a good grade speaks to NBC10. Watch News 24/7 Eagles are Super Bowl champs! \ud83e\udd85 Jet crash in Philly Phillies spring training \u26be\u2026 2/22/25, 6:46 University of Delaware Student Claims Professor Offered Her an \u2018A\u2019 in Exchange for Sex \u2013 NBC10 Philadelphia 1/5 her school. \u201cHe told me what specific sexual acts he wanted to perform with me,\u201d said the student who did not want to be identified. The student claims University of Delaware sociology professor Eric Tranby, who also served as her advisor, offered her an \u201cA\u201d in exchange for sex during the past school year. She also claims Tranby told her he had sex with other students in his office after normal hours. \u201cHe said, \u2018Oh well, you know, we just cover up the webcam and pull the blinds down,\u2019\u201d she said. The student says she refused to have sex with the professor which caused Tranby to send her an email apologizing and begging her not to tell anyone told him that would tell and he begged me not to, saying would ruin his career and he would give me an \u2018A\u2019 anyway,\u201d she said. NBC10 reached out to Tranby for comment but we have not yet heard back from him. In a statement on an education website and to Delaware\u2019s student newspaper, Tranby denied the allegations. Tranby also claimed school investigators never found he did anything wrong. Despite this, he still wrote a letter to his colleagues saying he would take a leave of absence and resign at the end of the school year. U.S. & World Stories that affect your life across the U.S. and around the world. Las Vegas woman allegedly drugged, fleeced older men she met on dating apps After 30 years in prison for murder, new evidence frees Hawaii man who maintained innocence Tranby\u2019s accuser believes the school didn\u2019t investigate the allegations thoroughly, didn\u2019t keep her informed about any developments and wanted the entire ordeal to be swept under the rug. 7 10 2/22/25, 6:46 University of Delaware Student Claims Professor Offered Her an \u2018A\u2019 in Exchange for Sex \u2013 NBC10 Philadelphia 2/5 \u201cYou realize that they are not doing anything for me,\u201d she said. \u201cOr if they are don\u2019t know about it don\u2019t know what\u2019s taking place. It needs to stop. Somebody needs to do something and it needs to stop.\u201d The accusations against Tranby and the university\u2019s subsequent investigation sparked protests amongst students with many feeling there was a lack of transparency in the school\u2019s sexual harassment policy spokesperson for the University of Delaware told NBC10 they couldn\u2019t comment on the specifics of the case and that all student and personnel matters are considered confidential. The spokesman also wrote that the matter was \u201chandled promptly and properly with sensitivity to the complainant and clear communication with all parties involved.\u201d \u201cThe personal safety and well-being of our students and the campus community are top priorities for the University of Delaware,\u201d the spokesperson wrote. \u201cThe University has focused on ways to protect the members of its community from sexual misconduct, including sexual harassment and sexual assault, and has taken steps to ensure any and all complaints are handled appropriately. \u201c The spokesman also shared the school\u2019s policy on handling sexual harassment allegations. \u201cIf a sexual harassment complaint is made by a student, employee or visitor, federal law requires the University to take immediate and appropriate steps to investigate the complaint or otherwise determine what occurred,\u201d the spokesperson wrote. \u201cIn order to protect the privacy of both the complainant and the respondent in a sexual harassment complaint, the University's policy provides that confidentiality must be maintained to the fullest extent possible throughout the process. The University takes this confidentiality requirement seriously because many victims would not come forward without it.\u201d This article tagged under 2/22/25, 6:46 University of Delaware Student Claims Professor Offered Her an \u2018A\u2019 in Exchange for Sex \u2013 NBC10 Philadelphia 3/5 Weather Forecast 24\u00b0 Sunny 29 Play Now Play War Thunder now for free Learn More Now Is The Perfect Time To Get An Unsold Camper Van Play Now Join new Free to Play War Thunder Learn More Explore Affordable Camper Van Options Access all channels anywhere, anytime 2/22/25, 6:46 University of Delaware Student Claims Professor Offered Her an \u2018A\u2019 in Exchange for Sex \u2013 NBC10 Philadelphia 4/5 0% Precip 46 NBC10 NBC10 Public Inspection File Accessibility Employment Information Privacy Policy Cookie Notice Applications Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/22/25, 6:46 University of Delaware Student Claims Professor Offered Her an \u2018A\u2019 in Exchange for Sex \u2013 NBC10 Philadelphia 5/5", "7702_105.pdf": "Professor takes sudden leave following sexual harassment allegation News \ue803Campus News \ue803Professor takes sudden leave following sexual harassment allegation September 16, 2014 Kirk Smith sexual harassment allegation claims Tranby detailed to a student how he regular sex with students in his Smith Hall office 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 1/7 Tranby, pictured here, is s on the sociology faculty can still be found on the un d professor who was accused of sexual harassment by a female student has taken a absence amid a confidential investigation by university officials. The professor, Eric Tranby of the sociology department, was accused of offering th student an in exchange for sexual favors at the end of last semester. Several university officials declined to comment on the student\u2019s accusations or Tra current status. \u201cThe case has been resolved confidentially,\u201d said university spokesperson Andrea Tippett on Monday. The case began in May when a student who wishes to remain anonymous approached sociology professor Chrysanthi Leon on the final day of class last semester. The student offered a detailed account to Leon of how she experienced repeated unwanted sexual advances from Tranby, a person Leon once considered a friend and colleague. In an interview, Leon said the student confided that Tranby made these advances in person and over text message. \u201cShe detailed his unwanted sexual innuendo and flirtation, escalating to overt harassment and threats,\u201d Leon stated in the May 20 third-party complaint. Though hesitant to go forth with the process due to the trauma that often accompa reporting, the student soon made a formal complaint to the university with Leon ac her advocate. Following a May 21 meeting to file an official complaint with then-Title officer Anderson, Leon said both she and her student were confident in the university, lea student to feel \u201cempowered\u201d to testify. However, as time passed, it seemed that the university opted for silence, leaving Le her student in the dark about the proceedings that followed. Since the complaint w \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 2/7 university officials have declined to inform the student or make public the findings investigation, Leon said. Though prepared to testify against Tranby, the female student was not asked to atte further meetings or hearings. She only found out later about Tranby\u2019s departure th an informal announcement made on his behalf to the sociology department. \u201cAt least informing the victim of what\u2019s going on is crucial,\u201d said Leon, who studies crime and punishment as a profession. \u201cThat is not at all what happened.\u201d The student\u2019s questions about the university\u2019s handling of her complaint rises to th surface amid a national conversation about sexual harassment and gender-based v on college campuses. In April, the Obama Administration released a set of guidelines in an effort to exert pressure for policy reform in campus administrations nationwide. Tranby as of Monday remains listed as a university employee in the sociology depa He is searchable on the database, and according to a June 15 email sent on his beha sociology department chair Kirk Williams, he is on leave through the academic yea Tranby wrote in the email that he will resign at the end of the leave, calling into qu the details of his arrangement with the university, and whether he is still receiving benefits profoundly apologize for the issues this will cause the department in the short an term, especially in regards to my teaching responsibilities,\u201d Tranby wrote in the em obtained by The Review don\u2019t want him at graduation\u201d Tranby began making sexual comments to the student in person\u2013\u2013as well as throug message and email\u2013\u2013in late January, according to documentation provided to The In the cited incident detailed in the student\u2019s formal statement to the Title office invited the student to come to his office later in the night, after other faculty in Sm left for the day. When the student entered the room, Tranby went in to close the do behind her. \u201cShe felt very physically threatened,\u201d Leon said. \u201cHe then went on to demonstrate h had sex with his students in his office.\u201d \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 3/7 The formal statement continues to portray Tranby as a professor with a calculated careful method of having sex with students. During the late night office hour sessio told the student he had sex with students in his office before, showing her how he w cover up the webcam and windows, according to the official student complaint. The student rejected Tranby\u2019s advances and asked what prompted him to approach The student told the Title office that he could tell she was interested based on \u201cw wore,\u201d according to the complaint. The student also claims Tranby threatened her during a meeting, saying that he co her from graduating, as an in the course could hold her up academically. Copies of email exchanges sent on Jan. 28 and 29 between the two via university em accounts depict a professor in fear of losing his job. Tranby sent a text message on Jan. 28 to the student asking for sexual favors in exch for an \u201cA,\u201d followed by an email with Tranby stating, \u201cI\u2019m sorry, that was way wrong realized it was as soon as typed it.\u201d In the same email message, he wrote that if she came forward, it could ruin his car After she asked for a new advisor in reply, Tranby wrote he would post an for the student\u2019s grade and that she would \u201cnever hear from him again.\u201d The student ended the formal complaint stating don\u2019t want him at graduation complaint was filed ten days before spring commencement. Editorial: Silence surrounding sexual harassment breaks students trust Tranby well-liked, considered charismatic For graduate student Emily Bange, the news of these allegations weigh heavily as sh continues to question her own relationship with someone she once considered a m This past year, Tranby acted as Bange\u2019s advisor for her senior thesis. \u201cHe was the hip, young sociology professor,\u201d Bange said. \u201cHe was possibly one of th well-liked professors in the department.\u201d Tranby taught a range of sociology classes from the lecture-style introductory socio class to a 600-level data analysis course. These characterizations of his charisma an friendliness are reflected on website Rate My Professors, on which Tranby has near perfect scores. \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 4/7 \u201cTranby is that dude,\u201d one reviewer wrote in 2013. \u201cEasily the best professor I\u2019ve ha After hearing the speculated reason behind his departure, Bange said she feels \u201cbe \u201cLooking at it now, you start going back over all of your interactions with him, and can think is \u2018it was all a lie,\u2019\u201d Bange said. \u201cHe played the game so well.\u201d Proceedings swept under the rug As nationwide college-level handling of student-on-student sexual assault cases ris prominence in the public forum\u2013\u2013even catching to the attention of the Obama Administration this past spring\u2013\u2013publicized cases that involve professors are few a between Northwestern University philosophy professor violated the school\u2019s sexual harass policy after the university found him guilty of groping an intoxicated student. The professor was able to retain his position at Northwestern and was later offered a no rescinded tenure position at Rutgers University, according to the Daily Northwester Similarly, when Leon learned Tranby was offered a position in the sociology depart Cambridge University following his leave of absence, she wrote Cambridge departm chair Brendan Burchell a letter on Sept. 3, informing him of the accusations made Tranby. \u201cWhile understand that both the university and Tranby most likely sought a quick quiet resolution, silence is not in the best interest of our local community, nor in th interest of protecting potential future victims,\u201d wrote Leon, who noted the lack of transparency. Tranby is no longer listed as an instructor on Cambridge University\u2019s website. Burc declined to comment, stating he was unable to discuss employment matters. According to university personnel procedure, sexual harassment complaints are ha confidentially, with the accused, investigator, department chair and college dean p during deliberation representative from the university\u2019s collective bargaining ag the American Association of University Professors, may also provide consultation t accused. In handling student-on-student sexual harassment claims, the university adopts a m thorough process including pre-hearings, hearings and a larger deliberative body. \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 5/7 \u2018Bound by confidentiality lack of transparency and a tendency to deal with faculty-student accusations beh closed doors is typical, said Colby Bruno of the Victims Rights Law Center. \u201cThe reason we haven\u2019t heard of cases like this is because 99 percent of decisions ar behind closed doors,\u201d Bruno said. \u201cThe sexual harasser wants to resolve it quickly, and for it to go away.\u201d Oftentimes in cases that involve students and professors, either the accused or the wishing to maintain privacy collides with the college trying to keep themselves from liable. When the professor is tenured, Bruno said there are added complications. She calls the issue of incidents involving professors vastly underreported. \u201cIt\u2019s probably what student-on-student incidents were 10 years ago in terms of silen meaning the school keeps it quiet,\u201d Bruno said. \u201cThere aren\u2019t as many checks and b on that system.\u201d Within university policy, sexual harassment includes\u2013\u2013among other actions\u2013\u2013\u201ca de for sexual favors accompanied by implied threats,\u201d \u201cpersistent, unwelcome flirtatio \u201crepeated degrading or insulting comments.\u201d However, how the university proceeds with specific cases is ambiguous universi official called the policies in place \u201ctricky.\u201d According to university policy, consequ for sexual harassment range from a verbal warning to dismissal. The ambiguity is due largely in part to confidentiality agreements signed by the un The reason behind Tranby\u2019s departure has not been publicized and the terms of his are unclear \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 6/7 \ue809 2/22/25, 6:46 Professor takes sudden leave following sexual harassment allegation \| The Review 7/7"}
9,057	Wiebe Boer	Calvin University	[ "9057_101.pdf", "9057_102.pdf", "9057_103.pdf", "9057_104.pdf", "9057_105.pdf", "9057_106.pdf", "9057_107.pdf", "9057_107.pdf", "9057_107.pdf" ]	{"9057_101.pdf": "(/) (/DONATE) p s: // w w w. fa c e b o o k. c o m /r e a c hj ul ie ro ys /) (h tt p s: // t w itt er .c o m /r e a c hj ul ie ro ys ) \uf39e \uf099 \uf002\ue816 Calvin Board Affirms Firing Former President For \u2018Flirtatious\u2019 and \u2018Inappropriate\u2019 Texts By Bob Smietana April 2, 2024( \uf133 9:30 am \uf017 2 Comments( \uf4ad Calvin University in Grand Rapids, Michigan. (Photo by Andy Calvert, courtesy of Calvin University) Privacy - Terms Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 1/14 The trustees of Calvin University released a statement Thursday, defending their decision to part ways with the school\u2019s former president, who they said admitted sending \u201cflirtatious\u201d and \u201cinappropriate\u201d messages to a woman who was not his wife and therefore he was no longer fit to lead the Christian school based in Grand Rapids, Michigan. \u201cBased on these admitted communications, the Board determined that Dr. Boer\u2019s conduct was concerning and inappropriate and that he could not continue to serve as President of the University,\u201d the board of trustees told ( The Calvin Chimes, the school\u2019s student newspaper. Former Calvin President Wiebe Boer resigned ( complaint/) in February after the messages \u2014 sent to a member of the Calvin community who was not faculty or a student \u2014 were reported to the school\u2019s Title office. The board told Chimes that no formal Title investigation was conducted into the matter but instead, the trustees spoke to Boer, who admitted sending some of the communications, which they say he admitted were wrong. The resignation of Boer, a popular leader who had been on the job ( growing-lgbtq-tensions/)less than a year and a half, came as a shock. Boer had just announced ( an ambitious plan to grow the school\u2019s enrollment and had been seen as someone who supported students on campus as well as faculty who dissented from denominational teaching about sexuality. Calvin is part ( of the Christian Reformed Church, which made its beliefs on sexuality part of the denomination\u2019s confession of faith last year. Your tax-deductible gift helps our journalists report the truth and hold Christian leaders and organizations accountable. Give a gift of $50 or more to The Roys Report this month, and you can elect to receive a copy of \u201cSafe Church: How to Guard Against Sexism and Abuse in Christian Communities\u2019 by Dr. Andrew Bauman, click here ( Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 2/14 Wiebe Boer, former president of Calvin University in Grand Rapids, Michigan. (Photo courtesy of Calvin University) John Hawthorne, a retired sociologist and longtime Christian college professor who now studies Christian colleges, said Boer, a former corporate executive and son of missionaries, was an ideal leader for Calvin, which like many Christian colleges, faces financial, enrollment and cultural challenges. His departure was a huge disappointment, said Hawthorne, author of \u201cThe Fearless Christian University,\u201d a forthcoming book about the future of Christian colleges. He said Christian college presidents have faced heightened scrutiny in the wake of the #MeToo movement and the high-profile scandals involving Jerry Falwell Jr., the former president of Liberty University, one of the nation\u2019s largest Christian schools. Hawthorne , who has no information about the specifics of Boer\u2019s situation, said Boer\u2019s alleged actions likely were seen as a betrayal by someone the board had trusted. \u201cIt\u2019s a mess,\u201d he said. Boer\u2019s departure has led ( to questions from Calvin faculty, students and supporters group of Calvin alumni have reportedly asked the board of trustees for a third-party investigation into the board\u2019s handling of the allegations against Boer, according to ( releases-details-about-boer-resignation-in-response-to-due-process-concerns/)the Chimes. The student paper reported that Boer was willing to have his allegedly inappropriate messages made public \u2014 but also that Boer claims to have deleted those messages. Boer reportedly hired an attorney after resigning. He told the Chimes that the board of trustees has shared few details of the allegations against him but told him a complaint had been filed. \u201cIn fact, Calvin has provided almost nothing else about these allegations and the sum total of my conversations was a single 15-minute video meeting with the board where acknowledged exchanging messages, which the University itself confirmed were not sexual nor involved any physical contact, with a non-student, non-faculty individual,\u201d he told the Chimes continue to call for a transparent investigation for the benefit of the entire Calvin community Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 3/14 Campus of Calvin University in Grand Rapids, Michigan. (Video screen grab) In their statement, the trustees said Boer denied some of the allegations against him and that they did not find Boer had committed sexual harassment \u201cas defined by Title IX.\u201d Instead, they relied on an employment agreement between the board and Boer in his role as president. That agreement allowed them to decided whether Boer\u2019s alleged actions made him unfit as president. \u201cOf specific concern were the volume, frequency and tone of Dr. Boer\u2019s communication with a woman who was not his wife,\u201d the trustees said in their statement. \u201cThese concerns were amplified by the power dynamic, considering Dr. Boer\u2019s position as President of the University and the woman\u2019s role in the community spokesman for the University provided a copy of the board\u2019s statement to media but did not respond to a request for details about the content of the employment agreement or for comment about Boer\u2019s departure. Chimes editor-in-chief Savannah Shustack said students at Calvin were disappointed at Boer\u2019s resignation, feeling that he had let them down. Over the past month, with little information available about the allegations, most students have moved on, she said. Shustack said professors were split after the news broke, with some backing Boer and others wanting more information. The school was on break for Easter when the board issued its most recent statement, so it\u2019s unclear how the faculty will respond. Unlike other schools where a president has resigned after controversy, things appeared to be going well with Boer before his sudden departure, which is a loss for the school don\u2019t know that anyone benefits from him leaving,\u201d she said. Shustack said students appear to have responded well to interim President Gregory Elzinga, whose message has been that Calvin is bigger than any one person Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 4/14 ( text=Calvin%20U%20Board%20Affirms%20Firing%20Former%20President% u-board-affirms-firing-former-president-inappropriate-texts%2F) ( texts%2F&title=Calvin%20U%20Board%20Affirms%20Firing%20Former%20 ( inappropriate-texts/) ( inappropriate-texts/) ( inappropriate-texts/) ( inappropriate-texts/) The situation involving Boer echoes the case of Matt Chandler, a Texas megachurch pastor who was placed on leave ( in 2022 for sending what the church called inappropriate Instagram messages to a woman. Few details were shared about the messages, except that they were not romantic or sexual in nature \u2014 but the number of messages and the tone of those messages were deemed inappropriate. The lack of details about Chandler\u2019s messages \u2014 which his church deemed an matter \u2014 led to speculation and confusion. Chandler returned to ( the pulpit in December of 2022 after a three-month leave, telling members of the Village Church, the Dallas-area megachurch where he was the long-term pastor, that he was sorry to have disappointed them. ( Smietana is a national reporter for Religion News Service THIS: Share 22 UPDATES! Keep in touch with Julie and get updates in your inbox! Name Email Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 5/14 Don\u2019t worry we won\u2019t spam you ( text=Denomination%20Instructs%20Calvin%20U%20to%20Deal%20with%2 instructs-calvin-u-to-deal-with-faculty-dissent-on-lgbtq-stance%2F) ( with-faculty-dissent-on-lgbtq- stance%2F&title=Denomination%20Instructs%20Calvin%20U%20to%20De ( faculty-dissent-on-lgbtq-stance/) ( faculty-dissent-on-lgbtq-stance/) ( faculty-dissent-on-lgbtq-stance/) Denomination Instructs Calvin to Deal with Faculty Dissent on Stance ( calvin-u-to-deal-with-faculty-dissent-on-lgbtq-stance/) June 28, 2024 \| 11 Comments The denomination overseeing Calvin University has asked the Grand Rapids, Michigan, school to develop a process for dealing with faculty members who THIS: ( calvin-u-to-deal-with-faculty-dissent-on-lgbtq- stance/) Share 44 Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 6/14 ( faculty-dissent-on-lgbtq-stance \u00bb (HTTPS://JULIEROYS.COM/DENOMINATION-INSTRUCTS-CALVIN-U-TO-DEAL-WITH-FACULTY-DISSENT-ON-LGBTQ-STANCE/) ( President%20Leads%20To%20Lawsuit%2C%20Alleged%20Threats%20of%2 ex-president-leads-lawsuit-alleged-threats-violence-calvin-university%2F) ( leads-lawsuit-alleged-threats-violence-calvin-university%2F&title=Feud%2 President%20Leads%20To%20Lawsuit%2C%20Alleged%20Threats%20of%2 ( threats-violence-calvin-university/) ( threats-violence-calvin-university/) ( threats-violence-calvin-university/) Feud with Ex-President Leads To Lawsuit, Alleged Threats of Violence at Calvin University ( leads-lawsuit-alleged-threats-violence-calvin-university/) April 16, 2024 \| 6 Comments When Calvin University hired Wiebe Boer as its new president in May 2022, the school signed the former business executive to a THIS: ( lawsuit-alleged-threats-violence-calvin- university/) Share 18 Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 7/14 ( threats-violence-calvin-university \u00bb (HTTPS://JULIEROYS.COM/FEUD-EX-PRESIDENT-LEADS-LAWSUIT-ALLEGED-THREATS-VIOLENCE-CALVIN-UNIVERSITY/) ( text=Calvin%20University%20President%20Wiebe%20Boer%20Resigns%20 university-president-wiebe-boer-resigns-misconduct-complaint%2F) ( wiebe-boer-resigns-misconduct- complaint%2F&title=Calvin%20University%20President%20Wiebe%20Boer ( resigns-misconduct-complaint/) ( resigns-misconduct-complaint/) ( resigns-misconduct-complaint/) Calvin University President Wiebe Boer Resigns After Misconduct Complaint ( wiebe-boer-resigns-misconduct-complaint/) February 27, 2024 \| 1 Comment The president of a prominent evangelical university has resigned after admitting he engaged in inappropriate communication with a member of the campus THIS: ( president-wiebe-boer-resigns-misconduct- complaint/) Share 0 Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 8/14 ( resigns-misconduct-complaint 2 Responses Leave a Reply The Roys Report seeks to foster thoughtful and respectful dialogue. Toward that end, the site requires that people use their full name when commenting. Also, any comments with profanity, name-calling, and/or a nasty tone will be deleted. Comments are limited to 300 words. Rob Frank says: April 3, 2024 at 10:55 am ( I\u2019m concerned about Calvin\u2019s lack of transparency regarding letting Boer go. In other investigations (such as the Crandall investigation of Stackhouse (a professor and not a university president), the outside report was published for all to see understand wanting to protect the person who received the unwanted texts, but she could be listed as a Jane Doe in the report. In many cases, there is a tendency for Christian university boards to be much more conservative than their faculty, admin, and student body. Was he forced out for these types of differences or was there something legitimate to be concerned about? Just a 15-minute call to give an opportunity to resign without a thorough review of the charges? Calvin is keeping the info tightly shut down and it is concerning. It seems like the internal review was just the same board members okaying their previous work. Firing a university president is a big deal. Why such little transparency? Both the woman involved and the president should receive due care. Reply Helen Brandon says: April 17, 2024 at 3:39 am ( If the non-transparency was to hide the name of the woman that complained is that a good enough reason for this? Reply The Roys Report seeks to foster thoughtful and respectful dialogue. Toward that end, the site requires that people register before they begin commenting. This means no anonymous comments will be allowed. Also, any comments with profanity, name-calling, and/or a nasty tone will be deleted Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 9/14 (/donate) Support Christian Journalism Your tax-deductible gift helps our journalists report the truth and hold Christian leaders and organizations accountable. Give a gift of $50 or more to The Roys Report this month, and you can elect to receive a copy of \"Safe Church: How to Guard Against Sexism and Abuse in Christian Communities' by Dr. Andrew Bauman Texas Congregation Becomes Second to Join Episcopal Church ( episcopal-church/) ( acna-congregation- becomes-second-join- episcopal-church Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 10/14 Survey: Pastors Urge Prayer for Persecuted, But Further Action Steps Rare ( action-steps-rare/) Hillsong San Francisco Announces Departure from the Global Church ( global-church/) Wheaton College Clash Over Russell Vought Escalates, Exposing Evangelical Fault Lines ( escalates-exposing-evangelical-fault-lines/) Abuse Database Is No Longer Priority for Southern Baptist Leaders ( leaders/) ( pastors-urge-prayer- persecuted-but-further- action-steps-rare/) ( san-francisco- announces-departure- from-global-church/) ( college-clash-over- russell-vought- escalates-exposing- evangelical-fault-lines/) ( database-is-no-longer- a-priority-southern- baptist-leaders Divorce Documents Reveal Lavish Lifestyle of North Carolina Megachurch Pastor ( carolina-megachurch-pastor-thompson/) EXCLUSIVE: Former Daystar Executive & Wife Accuse Joni Lamb of Covering Up Daughter\u2019s Sexual Abuse ( ( thompson/) ( sexual-abuse Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 11/14 wife-accuse-joni-lamb-covering-up-daughters-sexual-abuse/) Prominent Worship Leaders Kevin Prosch and Misty Edwards Confessed a Years- Long Affair, Sources Say ( kevin-prosch-and-misty-edwards-confessed-a-years-long-affair-sources-say/) Pastor Who Strung Along Two Girlfriends and Killed One on His Wedding Day Will Spend Life in Prison ( girlfriends-and-killed-one-on-his-wedding-day-will-spend-life-in-prison/) Texas Megachurch Pastor: \u2018You\u2019re Not Christian If You Vote For Democrat\u2019 ( vote-for-a-democrat/) Steve Lawson Had \u20185-Year Relationship\u2019 with Woman in Her 20s Pastor Says ( in-her-20s-gcc-pastor-says/) \u2018She\u2019s the Voice of God to You\u2019: Joni Lamb, Jimmy Evans Accused of Bullying, Spiritual Abuse ( evans-joni-lamb-accused-of-bullying-spiritual-abuse/) President of MorningStar Resigns, Then Admits Sexual Misconduct ( misconduct/) Joyce Meyer, Ben Carson Cancel Speaking at Gateway Church Amid Robert Morris Allegations ( speaking-gateway-amid-robert-morris-allegations/) Pastor & The Master\u2019s Seminary Dean Steve Lawson Fired from Church for \u2018Inappropriate Relationship\u2019 With a Woman ( author-dean-masters-steve-lawson-fired-inappropriate-relationship/) ( years-long-affair-sources-say/) ( will-spend-life-in-prison/) ( ( ( spiritual-abuse/) ( ( allegations/) ( Christian Rocker Posts Stunning Response to Recent Apostasy of Christian Leaders ( recent-apostasy-of-christian-leaders/) ( rocker-posts-stunning- response-to-recent- apostasy-of-christian- leaders Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 12/14 Josh Harris Kisses His Faith Goodbye ( his-faith-goodbye/) Chicago Radio Host & a Former Bodyguard Say James MacDonald Asked Them to Arrange Murders ( bodyguard-say-james-macdonald-asked-arrange-murders/) James MacDonald Took Millions from Harvest & Now Demands Broadcast Ministry ( demands-broadcast-ministry/) Mancow Airs Shocking Comments By James MacDonald: My Response ( response/) ( harris-kisses-his-faith- goodbye/) ( radio-host-former- bodyguard-say-james- macdonald-asked- arrange-murders/) ( macdonald-took- millions-harvest-now- demands-broadcast- ministry/) ( airs-shocking- comments-james- macdonald-response Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 13/14 Get new articles and breaking news delivered to your inbox. Your Email (HTTPS://JULIEROYS.COM/CONTACT- JULIE/) (ht tps :// ww w.f ace bo ok. co m/ rea chj uli ero ys/ ) (ht tps :// ww w.i nst agr am .co m/ rea chj uli ero ys/ ) (htt ps: //w ww .yo utu be. co m/ cha nn el nsc Ye n- _5c Ah X2r 9 g) (ht tps ://t wit ter. co m/ rea chj uli ero ys) \uf39e \uf16d \uf167 \uf099 \u00a9 2022 All rights reserved Ray Comfort Becomes 18th Programmer to Leave 12 hours ago 2/22/25, 6:47 Calvin Board Affirms Firing Frmr President For 'Inappropriate' Texts 14/14", "9057_102.pdf": "RAPIDS, Mich. (AP) \u2014 The president of Calvin University has resigned after the Christian institution received a report of \u201cunwelcome and inappropriate communication and attention toward a non-student member of the campus community,\u201d the school said Monday. Calvin\u2019s Board of Trustees accepted Wiebe Boer\u2019s resignation, which he offered after admitting to sending communications that were inappropriate and inconsistent with the standard of conduct and character expected of his office, the Grand Rapids school said in a news release. The report about Boer \u201cdid not include allegations of sexually explicit communication or physical contact, but the alleged conduct is concerning and inappropriate,\u201d the school said. Boer denied some of the unspecified allegations in the report, the university said. Boer became president in the summer of 2022. The board named Vice President of Advancement Gregory Elzinga to serve as interim president Calvin University president quits after school gets report of \u2018inappropriate\u2019 conduct Updated 8:20 CST, February 26, 2024 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 6:47 Calvin University president quits after school gets report of 'inappropriate' conduct News 1/3 Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity 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 Dow falls nearly 750 points and stocks tumble as businesses and consumers worry about tariffs 1 2 3 4 2/22/25, 6:47 Calvin University president quits after school gets report of 'inappropriate' conduct News 2/3 Netanyahu decries release of wrong body as a ceasefire violation. Hamas pledges to investigate 5 2/22/25, 6:47 Calvin University president quits after school gets report of 'inappropriate' conduct News 3/3", "9057_103.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 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with the high standard and character' the school expects of staff Wiebe Boer was accused of 'unwelcome' and 'inappropriate' communication He denied some of the accusations against him, admitted sending the messages By PUBLISHED: 13:52 GMT, 27 February 2024 \| UPDATED: 13:53 GMT, 27 February 2024 The president of Christian university in Michigan has resigned amid allegations that he sent 'inappropriate messages' to someone on campus. Calvin University President Wiebe Boer has been accused of engaging in 'unwelcome' and 'inappropriate' communication with a non-student member of the campus community, the Board of Trustees confirmed in a statement on Monday. The allegations against him did not include 'sexually explicit communication or physical contact', the board stated, but added the alleged conduct is 'concerning and inappropriate'. 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 27 8PM 22 5-Day Forecas 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 1/46 Boer reportedly denied some of the accusations against him, but has admitted to sending messages that were 'inappropriate and inconsistent with the high standard of conduct and character' that are expected of school staff. Vice President of Advancement Gregory Elzinga has been named as interim president while Calvin University carries out the search for Boer's replacement. Calvin University President Wiebe Boer (pictured) has resigned amid allegations that he sent 'inappropriate messages' to someone on campus +3 View gallery nasty shock when we made an offer Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to achieve her 'dream' Army career After years of bad sex, my husband's libido suddenly returned was thrilled\u2026 until found out the reason Map reveals areas where you're most likely to die of cancer - where does rank 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' Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome 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 ... Caroline Flack's last broken voice messages that reveal what she thought of Laura Read More 00:00 02:24 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 2/46 Revealed: The 4 men who preyed on soldier hounded to her death 12.6k viewing now The disquieting social media images taking older people for fools 16.5k viewing now Daisy May Cooper in \u00a330k row with landlady over painting her cottage 7.2k viewing now Boer was appointed as Calvin University president in March 2022. It is unclear when the alleged misconduct occurred, but the board confirmed on Monday that his resignation had been accepted. School officials engaged with 'outside experts' after receiving the report of alleged misconduct to 'ensure that Calvin University responded to the report in compliance with our policy and legal requirements, including Title IX,' the board said. Boer was notified of the report, denied 'some of the allegations', but admitted to sending the messages and 'subsequently offered his resignation'. Elzinga was appointed to serve as interim president, in accordance with the university's emergency succession plans. 'He has a deep well of skills and experience in and outside of Calvin, as well as an equally deep knowledge and dedication to the institution,' the board said. 'In his role as Vice President of Advancement, Mr. Elzinga is already fully engaged in the day-to-day operations of the University and is well situated to provide effective continuity of leadership while the Board conducts a thorough search for the University\u2019s next permanent President.' The trustees added: 'As we enter this season of transition, we are united in our shared mission to equip students to think deeply, act justly, and live wholeheartedly as Christ\u2019s agents of renewal in the world.' The allegations against Boer did not include 'sexually explicit communication or physical contact', the university's Board of Trustees stated, but added the alleged conduct is 'concerning and inappropriate'. Pictured: Calvin University Boer is a Calvin University alumnus and earned his bachelor's degree in history at the school in 1997, according to his LinkedIn profile. He then pursued a PhD in African history at Yale University. The former university president was born to Dutch parents in Nigeria, where he was raised. His parents were missionaries and 'engaged with the Nigerian church and leadership', he told This Day Live in 2018. +3 View gallery 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 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 Adam Pearson's perfect response after troll asked him if he 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 3/46 He described the 'culture shock' and 'extreme identity issue' he faced when he uprooted his life to Grand Rapids, Michigan to attend then-Calvin College for his undergraduate degree. 'It was a culture shock because growing up in Nigeria am not just an Oyinbo but the pure one: blonde hair, blue eyes very pale,' he told the news outlet. 'All my life always stand out and anytime am in a crowd you can see me. When we were travelling and stopped on the road people would run to touch my hair, skin. 'So am used to that and while went for an undergraduate in a university where most of the students were children of Dutch immigrants they all looked exactly like me and hated it. And so from the day started wore something that was made with Nigerian fabrics and would stand out.' After his time at Calvin College, Boer pursued his doctorate at Yale University, where he was reportedly Graduate President of the Yale African Student Association. He carried out his dissertation research in Nigeria, according to his LinkedIn biography, and studied the 'role of football in the construction of a Nigerian national identity'. Wiebe Boer (pictured) is a Calvin University alumnus and earned his bachelor's degree in history at the school in 1997, according to his LinkedIn profile. He then pursued a PhD in African history at Yale University Around this time, he and a group of partners also set up AfriOne Limited, which was one of the first major internet service provider in central Nigeria, Boer claims. The academic held management and consultancy roles with various global organizations, before joining joined the Rockefeller Foundation in 2008. He worked in the foundation's Nairobi, Kenya office, managing a portfolio of projects including those that involved 'climate change, agricultural development, impact investing, China\u2019s engagement with Africa, and impact outsourcing'. +3 View gallery was going to the circus instead of the BAFTAs Inside Michael Owen's daughter Gemma's luxurious cottage as she reveals a glimpse of her bedroom renovations 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 The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa clique Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of depression before terrifying health scare Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty' 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 4/46 Share or comment on this article: Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with the high standard and character' the school expects of staff He has also previously served as of an off grid energy impact investment fund for Nigeria and was the head of Public Sector, marketing, and business development for Boston Consulting Group's Lagos, Nigeria office. Michigan Nigeria Newest Oldest Best rated Worst rated Comments 0 Share what you think 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 Zelensky surrenders to Trump and 'will sign mineral deal within hours' Doctor reveals little- known signs you could have a heart attack at any minute Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly emotional public ceremony Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir 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... Revealed: The sneaky European airports that are miles away from the cities they're named after 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 5/46 Trump declares 'See you in court' in brutal transgender face-off with Democratic governor at White House 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 Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni sexual harassment lawsuit PLATELL: Harsh truth is nobody but Liam is to blame for his death is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Revealed: The mileage threshold that wipes 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 6/46 the most value off your car Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and disturbing MOIR: And the award for endless woke lectures and treating us like idiots goes to... David Tennant How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best airline PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally revealed Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following terrifying burglary 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... Phil Collins, 74, shares heartbreaking health update following his retirement . Olly Murs forced to cancel live show just hours before performance in Dubai as he shares health woes I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 7/46 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 Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to achieve Yale scientists who risked careers to publish bombshell Covid vaccine study issue message to shot's victims NEIL: We pay for a rapid rebuild of our military might - by using the hundreds of billions Miliband is 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 8/46 planning to splurge on his fatuous pursuit of ... 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... Political history fans are shocked by the uncanny resemblance between Churchill cabinet minister Duff Cooper and his famous descendent - can guess who it is... Peter Kay makes fresh Lisa Riley jibe as comedian returns to stage with increased security following heckling row The about Melanie Sykes and her toyboy lovers: Star scandalised fans with 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... 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... Lewis Hamilton's neighbours wage planning war over extension that could mean parking spots in underground garage are too small for their Chelsea tractors Worst ratings for celebrity-owned pubs in the revealed: Diners blast 'pretentious' menus and 'tiny' portions at watering holes run by models and singers 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 9/46 Tensions escalate as China conducts a firing exercise in the Tasman Sea - and New Zealand Defence Force makes unsettling discovery 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... Mother who aborted her healthy baby after doctors wrongly diagnosed unborn daughter with fatal form of dwarfism reveals her devastation The swanky London restaurants introducing minimum spends in crackdown on 'reservation-squatting' social media influencers Transgender megastar blasts Trump for issuing her a male passport 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 ... 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 10/46 Harry Potter star Jason Isaacs makes 'terrible confession' about making the magical film series and explains why it 'wasn't fun' on set texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and says it all shouldn't be able to steal the talent of the humans who created the magic in the first place Angels are real have seen them all my life: Here's the signs you should look out for, writes 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... 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 11/46 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 ... Pregnant Arabella Chi showcases her blossoming bump as she poses topless in a silky black gown while enjoying lavish holiday star looks unrecognisable after dramatic three stone weight loss as fans exclaim 'you look like a different person' Selena Gomez's explosive 'feud' with former friend who is threatening to 'expose' major celebrity 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... Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery Revealed: What life on Earth would look like if Yellowstone's supervolcano erupted Netflix fans rave over 'masterpiece' political thriller they're 'rewatching for the third time' with whopping Rotten Tomatoes score I'm a top women's doctor and would take up an invite for a breast screening. Women are being lied to by the and this is the truth about mammogr 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 12/46 Shoppers reveal the worst smelling perfumes... and why they are done 'blind buying' Elon Musk calls for immediate destruction of NASA's $150 billion prized possession 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 Kim Kardashian looks sharp in a busty grey suit as she joins a chic Naomi Watts and slipper-clad Niecy Nash on the star-studded set of All's Fair Traitors winner Leanne Quigley reveals her fianc\u00e9e Sophie Jones' breast cancer battle felt like an 'out of body experience' 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 13/46 Makeup-free Pamela Anderson, 57, admits she 'feels so free' amid 'wonderful' career resurgence now her children are older Amanda Holden reveals what major secret King Charles told her at The Royal Variety Performance Kym Marsh, 48, stuns in all-black outfit as she enjoys dinner at lavish restaurant with lookalike daughter Polly, 13, after split from toyboy boyfriend Katie Price reveals menopause fears as she details new health symptoms amid hopes for baby number six Justin Bieber looks disheveled at Hollywood hot spot amid claims wife Hailey is 'deeply concerned' for him The most celebrity collaborations 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 14/46 of all time: From JLS' Durex deal and Paris Hilton's Lidl advert to Cheryl and Ashley Cole lottery promo EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the character's shock death Amazon's takeover of James Bond franchise branded 'absolutely terrible news' amid fears 007 story will be 'diluted' and turned into series 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 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' Brand founder reveals how fans are snapping up viral at-home keratin treatment every minutes: 'Smoother and silkier than could have ever imagined Beyonce's Parkwood Entertainment and singer Chloe Bailey sued in $15 million copyright lawsuit by artist who worked with Kanye West Rihanna 'is tipped to headline Glastonbury for the first time ever as she plans huge London residency 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 15/46 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 Jennifer Lopez splurges on $21M compound as she and ex Ben Affleck struggle to sell their marital mansion 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, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 16/46 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 '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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 17/46 his father David, 49, as he poses shirtless for racy magazine photoshoot 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 18/46 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' . 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 19/46 is 'deeply concerned' for the singer Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us due to uncomfortable interaction licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 20/46 You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 21/46 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: 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 22/46 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 23/46 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 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 Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 24/46 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 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? 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 25/46 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 26/46 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 Ukraine-Russia war latest: Zelensky \u2018not ready\u2019 to sign\u2026 See more versions The Telegraph \u00b7 4hr Israel-Hamas latest: Five more hostages released in Gaza See more versions The Telegraph \u00b7 7hr Jenny Hall: Drones deployed to look for missing runner - as poli\u2026 See more versions Sky News \u00b7 41mins 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 7hrs ag Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 4hrs ago 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 27/46 AfD handed major poll boost after support but faces\u2026 See more versions News \u00b7 4hrs ag War robs Ukraine of its future Zelenskys See more versions The Telegraph \u00b7 47m British skier found dead at bottom of cliff in French Alps, prosecut\u2026 See more versions Evening Standard \u00b7 Britain is waging war on Apple \u2013 it is already backfiring See more versions The Telegraph \u00b7 5hr Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 28/46 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 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 Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 29/46 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 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 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' 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 30/46 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 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 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by Jennifer Lopez break- up Mrs Hinch gives birth to a baby boy! Cleaning guru Sophie Hinchliffe welcomes her third child with husband Jamie and reveals his adorable name 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 31/46 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' 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 Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 32/46 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 33/46 he is related to (hint: he was on Three's Company) Pamela Anderson 'begged her sons for forgiveness' after being 'sexualised' during her career 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 34/46 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 35/46 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 36/46 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!' 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 37/46 with ex-dancer partner Dan Walker at her show in Sheffield after she hinted at romantic code symbol between them Amy Schumer's warning about Ryan Reynolds as she secretly chatted to Blake Lively at SNL50 event 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 38/46 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 Casey throw their arms up in triumph while runners-up Grace and 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 39/46 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 Justin Bieber shares racy snaps with wife 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 40/46 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 41/46 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 42/46 Baldoni drama she has to stay home... despite glitzy appearance Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert 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 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 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 43/46 The Masked Singer Season 13 live updates: Judges decide who moves on during Shrek Night Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice 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 Today's headlines Most Read Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to... Map reveals areas where you're most likely to die of cancer - where does rank? REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day... 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 -... Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting her Farrow and Ball 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... Sir Elton John and Simon Cowell back Daily Mail campaign to stop plundering Britain's creative genius The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa... 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 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 44/46 circus instead of the BAFTAs Angels are real have seen them all my life: Here's the signs you should look out for, writes Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly... 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 PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally... Moments from disaster last smiling selfie on doomed MH17, the final leap of a bike stuntman and a... Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following... How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery Doctor reveals little-known signs you could have a heart attack at any minute Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under... 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... Moment bungling raider gets lowering himself into Sainsbury's 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'... Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir) The swanky London restaurants introducing minimum spends in crackdown on 'reservation-squatting' social... I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\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 Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even... 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 texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and bureaucrats spark fury after warning coffee is 'DANGEROUS' to humans and ban caffeine in pesticides How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best... Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to... Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 6:47 Calvin University President Wiebe Boer resigns over 'inappropriate messages' to someone on campus that were 'inconsistent with t\u2026 46/46", "9057_104.pdf": "Calvin University responds to Wiebe and Joanna Boer\u2019s lawsuit John Fea \| April 15, 2024 \u2014 Leave a Comment If you want to get up to speed, check out the piece we published over the weekend: \u201cRecently ousted Calvin University president Wiebe Boer 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 1/13 and his wife Joanna are suing Calvin. The complaint reads like a soap opera.\u201d Here is the Calvin Board of Trustees\u2019 response to Boer\u2019s claims: From the moment the Board of Trustees received the report alleging unwelcome and inappropriate communication and attention by Dr. Boer, our intent has been to act justly and amicably in the best interests of the Calvin University community. We have made repeated good faith attempts to resolve this matter in a way that extends grace to the Boer family and that allows the University to remain focused on its mission. Unfortunately, Dr. Boer\u2019s actions since his resignation and the legal complaint Dr. and Mrs. Boer filed on Friday, April 12, reflect a disappointing refusal to take accountability for the misconduct Dr. Boer privately admitted to us. The Board regrets that this matter continues to distract from the University\u2019s important work to equip students to think deeply, to act justly, and to live wholeheartedly as Christ\u2019s agents of renewal in the world. Part of that mission is speaking the truth and speaking against disinformation. The Board regrets that Dr. Boer\u2019s actions have caused this situation and this hurt for many members of our community, and continues to pray and call for respect, civility and sensitivity, with special prayer for the woman who brought forth the original report. We would prefer to allow the court of law to decide this case on the legal merits. However, the misrepresentations made in the Boers\u2019 legal 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 2/13 complaint include vicious personal attacks against current employees who had no role in the process that led to Dr. Boer\u2019s resignation, as well as Board of Trustees members. At least one of those employees is now the subject of violent threats. The disinformation campaign is also serving to distract and deflect from Dr. Boer\u2019s admitted conduct, which is at the center of this dispute. To counter all of this, we offer the following: The Events That Caused Dr. Boer\u2019s Resignation The Board was clear in its initial announcement that Dr. Boer\u2019s resignation was due to inappropriate and unwelcome communication with a non-student member of the community. That announcement clearly stated that the conduct to which Dr. Boer admitted did not include physical contact or sexually explicit communication. The conduct did involve him exchanging approximately 100 messages over roughly 10 days with a woman who was not his wife, with him sending at least half of the messages and initiating almost all of the conversations. Disclosing the actual messages would reveal the complainant\u2019s identity; however, they included texts where Dr. Boer admitted to initiating the exchange under false pretenses. He made multiple comments about the woman\u2019s physical appearance. Dr. Boer also said in these messages that he wanted to get to know her and repeatedly asked about her whereabouts and her plans to attend Calvin events so he could see her. In his meetings with the Board, Dr. Boer characterized these messages as \u201cflirtatious\u201d and \u201cinappropriate.\u201d He also reported to Board leadership 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 3/13 that he had deleted the messages from his phone knowing they were wrong. He admitted these facts on two separate occasions, once to a small group of Trustees and again in a meeting that included 26 of the 31 Board members, where he expressed regret for the pain and embarrassment caused by his conduct. The Board viewed the content of the messages in their totality as particularly inappropriate and concerning in light of the power dynamic, considering Dr. Boer\u2019s position as President of the University and the woman\u2019s role in the community. Since the announcement of his resignation, Dr. Boer has complained about a lack of due process leading up to the end of his employment with the University. Dr. Boer, by his own admission, engaged in misconduct which the Board felt rendered him no longer fit to be President. This admission of guilt negated the need for any additional process. As the Board has previously stated, while the report came through the University\u2019s Title office, no formal complaint was made to trigger a formal Title process, nor did the Board make a finding that he engaged in sexual harassment as defined by Title IX. In his public statement, Dr. Boer alleged that \u201cthe sum total of my conversations was a single 15-minute video meeting with the Board.\u201d This is demonstrably false. The initial meeting, in which Dr. Boer was notified of all the allegations in the report and was provided an initial opportunity to respond, lasted roughly two hours. Board officers subsequently communicated with Dr. Boer multiple times before he addressed the entire Board. Dr. Boer ended his remarks to the entire 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 4/13 Board prior to the end of the 15-20-minute time period the Board had allotted for his remarks at that meeting.\u201d Dr. Boer also asked for and was given an opportunity to address the entire Board again, prior to the Board\u2019s acceptance of his resignation, but he did not show up to that other meeting. The Board\u2019s initial announcement also referred to other aspects of the complaint that Dr. Boer denied. The Board did not make a formal finding on these additional allegations because the misconduct to which Dr. Boer admitted was serious enough on its own to require the Board to act. After His Resignation: DeWit Manor is owned by the University and exists for the purpose of hosting University events and as housing for the President during his or her term. As soon as Dr. Boer resigned, members of the Board of Trustees assisted the Boer family in securing temporary housing. Dr. Boer was informed on February 26 that his and his family\u2019s access to the entire campus was restricted. He was instructed that with prior approval, he and his family could return to campus to get personal items or start moving out of DeWit Manor. On February 29, Dr. Boer communicated to a Board member that his family had moved to another place where they had a longer-term stay few weeks later, the Board received several reports that suggested that the Boers may have started living at the DeWit Manor again, without 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 5/13 permission and in direct violation of the Board\u2019s earlier directive review of security camera footage confirmed these reports. Security cameras exist at DeWit Manor for the physical security of the President and his or her family. The cameras are not there to monitor comings and goings and were only consulted after receiving reports of activities taking place there. After weeks of the Boers\u2019 refusal to comply with these access restrictions regarding the Manor, practical and legal concerns compelled the University to remind Dr. Boer of those restrictions on April 2. In that communication, the Board reiterated its willingness to provide access to the house with advance notice. That letter also reiterated the University\u2019s willingness to assist Dr. Boer and his family in trying to identify possible housing options in the Grand Rapids area. The Boers responded with legal action seeking an injunction allowing them to re- enter the Manor House, which was rejected by the court even before the University knew legal action had been initiated. Other Allegations In The Lawsuit Beyond being irrelevant to the events that led to his resignation, the lawsuit also mischaracterizes the search process that led to Dr. Boer\u2019s hiring. One of the 16 search committee members is married to the cousin of a University administrator\u2019s wife. This distant connection was fully known to the search committee and immaterial to the committee\u2019s work. As part of its search process, the search committee invited several candidates to apply after the initial deadline had passed. That same committee ultimately recommended Dr. Boer for the position \u2013 a 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 6/13 recommendation that reflected the emphatic endorsement of a wide range of University leaders, including those alleged in the lawsuit to have opposed it. The Board also rejects the lawsuit\u2019s characterization of the University\u2019s treatment of Mrs. Boer. If anything, the University offered Mrs. Boer special treatment by hiring her in an expanded spousal employment role, which the University had never done before. That required administrators and staff \u2013 particularly those with responsibility for managing University finances \u2013 to develop new ways of working to accommodate Mrs. Boer\u2019s priorities. This naturally required balancing competing financial interests in a stewardly way. While the Board laments the existence of racism, sexism and other related problems that exist in the world, it is baseless to suggest that any tension arising from efforts of University administrators and staff to ultimately hold Mrs. Boer accountable for spending decisions was in any way related to personal, gender, or racial animus. We hope that providing further clarity around the nature of Dr. Boer\u2019s misconduct and correcting some of the misrepresentations of fact in the Boers\u2019 lawsuit will provide members of our community with important context. In summary, the Board emphatically rejects the accusations of breach of contract, defamation, and discrimination laid out in the Boers\u2019 lawsuit, and we are confident that further misrepresentations will be corrected through litigation 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 7/13 Again, check out our earlier piece to get the necessary context. The Boers are asking for $470,000. After reading both his complaint and Calvin\u2019s response, it seems as if the Boers are less concerned about the money than they are about dragging Calvin University through the mud. Current contributing editor and Wheaton College professor Timothy Larsen puts it well: Dr Boer seems to be acting rashly out of desperation and perhaps it is not a good idea to give attention to his wild attempts to throw dust in everyone\u2019s eyes. If the texts he sent did not warrant his being fired, then he could easily let people decide for themselves by making them public. He claims the issue of their not being sexual has been muddied by Calvin, but as he also claims that saying that his wife looked glamorous was an act of sexual harassment presumably his texts could have been a much more flagrant example of trying to create an inappropriate intimacy even though they were not sexually explicit. He is not accusing any of his subordinates of getting him fired so trying to put them in a bad light seems to be just a distraction tactic 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 8/13 Recently ousted Calvin University president Wiebe Boer and his wife Joanna are suing Calvin. The complaint reads like a soap opera 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 9/13 More details on the ousting of Calvin University president Wiebe Boer 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 10/13 Calvin University president Wiebe Boer resigns after sending \u201cunwelcome and inappropriate\u201d messages 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 11/13 Steve Pettit resigns as president of Bob Jones University Filed Under: Way of Improvement Tagged With: Calvin University, Christian colleges, Wiebe Boer Leave a Reply You must be logged in to post a comment General Inquiries Pitch Us 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 12/13 Manage Your Account Member Assistance Request Name Email address Daily Digest Real Time Updates Weekly Digest Search the site Email Terms & Privacy 2/22/25, 6:47 Calvin University responds to Wiebe and Joanna Boer's lawsuit 13/13", "9057_105.pdf": "Calvin University Chimes \u2022 March 28, 2024 \u2022 releases-details-about-boer-resignation-in-response-to-due-process-concerns/ Board releases details about Boer resignation in response to due process concerns Former president calls for a transparent investigation Savannah Shustack, Editor-in-Chief Calvin University\u2019s board of trustees \u201cremains confident\u201d in its investigation that led to the resignation of former President Wiebe Boer; however, the former president and a group of alumni close to the president have called for a review of the process. In response to questions, concerns and speculations about Boer\u2019s resignation, Calvin\u2019s board of trustees (BOT) conducted what it calls a \u201ccareful and thorough\u201d internal review and subsequently released a statement to Chimes, clarifying details about the timeline of the process and further details about the allegations. This review led to a unanimous affirmation by the of \u201cthe process of information-gathering and deliberation that led to Dr. Boer\u2019s resignation,\u201d according to the statement. Chimes reached out to Boer\u2019s legal counsel with a request for comment, and was provided with the following statement attributed to Boer. \u201cThe Executive Leadership of the Board of Trustees informed me verbally of a complaint against me. The Board did not, and still has not, provided details in writing or shared documents. In fact, Calvin has provided almost nothing else about these allegations and the sum total of my conversations was a single 15-minute video meeting with the Board where acknowledged exchanging messages, which the University itself confirmed were not sexual nor involved any physical contact, with a non-student, non-faculty individual continue to call for a transparent investigation for the benefit of the entire Calvin community. Until then, and on the advice of my legal counsel, I\u2019ve been advised to not comment further.\u201d The board was made aware of allegations against Boer regarding \u201cunwelcome and inappropriate communication and attention\u201d between Boer and a member of the Calvin community on Feb. 10, according to the BOT. The board \u201cimmediately engaged outside experts\u201d to ensure compliance with university policy and legal requirements. The board worked with Kathryn Nash of Lathrop GPM, whom the board says is the university\u2019s \u201cregular outside counsel for matters of this nature.\u201d The board was especially concerned by the \u201cvolume, frequency, and tone\u201d of text messages between Boer and a woman who was not his wife, as well as the power dynamic between Boer and the woman with whom he was texting, according to the statement of the board to Chimes. Photo from calvin.edu More details have been released about Wiebe Boer's resignation. The report of these allegations \u201ccame through the university\u2019s Title office,\u201d but a formal complaint was never filed to trigger a formal Title process, according to the statement from the board to Chimes. The board did not find that Boer engaged in sexual harassment as defined by Title IX. Boer was informed of the allegations against him on Feb. 22, after he returned from international travel. Boer was given the opportunity to provide a response to the full board of trustees where he denied some of the allegations but admitted to sending the text messages, according to the board\u2019s statement to Chimes. In that response, according to the board, he \u201ccharacterized those communications as \u2018flirtatious\u2019 and \u2018inappropriate.\u2019\u201d Boer also admitted to board leadership that he \u201cdeleted the messages from his phone knowing they were wrong,\u201d the Board\u2019s statement to Chimes said. According to more than one source \u2013\u2013 including Liza Nedd, an alumna and close family friend of Boer and his wife Joanna \u2013\u2013 Boer expressed to the board that he was willing to have the texts made public. The board eventually determined that Boer could not continue to serve as president due to his \u201cconcerning and inappropriate\u201d conduct. Boer was allowed the opportunity to decide his employment status \u201cas a courtesy\u201d before the board voted to terminate his employment, according to the statement to Chimes from the board. Boer subsequently offered his resignation on Feb. 24 via video call with two board members. The board confirmed his resignation via email on Feb. 25, and Chimes was told that Boer confirmed receipt of that email to the board on Feb. 26. The board voted to accept the resignation on Feb. 26, the board told Chimes. According to Nedd, Boer retained legal representation in the late morning or early afternoon on Monday, Feb. 26. Boer is represented by Sarah Riley Howard and Crystal J. Bultje of Pinsky Smith. Both women specialize in civil rights and workplace discrimination, while Howard also specializes in wrongful termination, according to the Pinsky Smith website. The board\u2019s statement to Chimes also clarified that the president\u2019s employment at Calvin is \u201cgoverned by an employment agreement that gives the Board the authority to determine his fitness to remain in the role.\u201d While most of the board\u2019s statement to Chimes directly addressed the questions surrounding the Boer process, it concludes with a request for those speaking on the issue to consider the reporting party: \u201cWe ask that all community members speak and act in a way that is respectful and sensitive to the fact that this individual is a part of our community.\u201d Alums and donors call for a third-party review group of alumni sent a letter to the university\u2019s board of trustees on Monday, March 18, requesting an independent review of the board\u2019s decision by a neutral third party, due to questions about transparency and the perceived speed at which events surrounding Boer\u2019s resignation transpired. The written request cites a seeming disconnect between official Calvin communication, Boer\u2019s account of the situation and university employee complaint procedure. This group \u2014 spoken for by Boer family friend and Calvin alumnus Liza Nedd \u2014 offered to fund the review and proposed engaging Jennifer B. Salvatore of Salvatore Prescott Porter & Porter, PLLC. This firm \u201chas been recommended by Miller Johnson, Calvin\u2019s lead outside counsel,\u201d according to the official document sent to the board requesting the review. According to the document, the group wrote to the board \u201cout of grave concern for the Boer family. We care about their well-being, reputation and vocation in God\u2019s kingdom.\u201d According to Nedd and others close to the Boer family, the situation has caused \u201cdistress\u201d for the Boers. The group who submitted the request does not assert Dr. Boer\u2019s innocence; their main request was for transparency and assurance that due process was followed in the complaint process, for the good of both Boer and the individual who reported the allegations. The board decided to conduct an internal review \u2014 which resulted in a unanimous affirmation of the board\u2019s process \u2014 rather than an external one because they \u201care mindful of the precedent that would be set for the Board\u2019s ability to function in the future if every decision were open to a third-party review requested by a party that disagrees with the outcome,\u201d the executive committee told Chimes. This is a developing story.", "9057_106.pdf": "Feud with ex- president leads to lawsuit, alleged threats of violence at Calvin University (RNS) \u2014 The prominent evangelical school hired a former business executive as president in hopes of turning around years of decline. But his tenure ended abruptly after the board alleged he'd sent inappropriate messages to a woman he was not married to. Most Popular You've read 0 of 5 of today's most popular sto Trump's pick to run White House Faith Office sparks theological turf war Criticize the late Chabad Rebbe at your peril 'The pope is fine,' doctors say, but not out of danger yet Trump\u2019s Catholics and the gospel AdChoices Sponsored Free ChatGPT Browser Extension Sider Open Covering the world of religion. Donate \uf002 1 2 3 4 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 1/8 Wiebe Boer, left, is the former president of Calvin University in Grand Rapids, Michigan. (Photos courtesy Calvin University) By Bob Smietana April 15, 2024 (RNS) \u2014 When Calvin University hired Wiebe Boer as its new president in May 2022, the school signed the former business executive to a lucrative five-year deal. Along with a $400,000 annual salary, Boer received a $100,000 signing bonus, with annual bonuses of up to $200,000 with the chance to earn additional long-term bonuses, paid college tuition for his children, a car and use of the presidential residence on campus. The hope was that Boer, a Calvin alum and son of missionaries, could turn the prominent evangelical school around after years of budget cuts and enrollment decline while easing tensions with the denomination that owns the school. For a while, it seemed things were working. Enrollment went up, and in 60 years after Malcolm X's killing, his message can't be silenced or ignored Latest News Trump\u2019s pick to run White House Faith Office sparks theological turf war By Jack Jenkins \u2018The pope is fine,\u2019 doctors say, but not out of danger yet By Claire Giangrav\u00e9 Listen to this article AdChoices Sponsored 5 AdChoices Sponso 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 2/8 January, Boer announced an ambitious plan for Calvin\u2019s future. Less than two months later, however, everything fell apart. RELATED: Calvin University board stands by its decision that former president had to go In mid-February, Boer resigned after the school\u2019s board received complaints that he\u2019d sent \u201cunwelcome and inappropriate\u201d messages to the employee of a vendor who worked on campus. When confronted by the board, Boer agreed to step down \u2014 leaving the campus in turmoil, with anger and confusion over how things went so wrong so fast. That anger has led to Boer being locked out of the school\u2019s presidential residence, a lawsuit \u2014 and this past weekend \u2014 alleged threats of violence against one of the school\u2019s senior leaders want to be very clear. This must stop,\u201d said Calvin interim President Greg Elzinga in a video message sent to the campus community. \u201cRegardless of how you feel about the board\u2019s handling of Dr. Boer\u2019s resignation, it is never acceptable to threaten or attack other members of this community or to joke about doing so in a misguided attempt at humor.\u201d Elzinga said that the threat against a leader had been reported to local law enforcement. The Kent County Sheriff\u2019s Department said in an email that any public records request for an incident report would take several days. On Friday (April 12), Boer and his wife, Joanna, filed suit against the school in federal court, alleging that Calvin violated his employment agreement and defamed the former president \u2014 and that the school failed to pay him $400,000 in severance or to prove that he\u2019d engaged in significant misconduct. 125 years after his visit, Californians honor Swami Vivekananda\u2019s influence By Richa Karmarkar Trump\u2019s executive order worries abortion foes By Bob Smietana Israel identifies remains of child hostages but says another body from Hamas w By Melanie Lidman, Josef Federman, and Wafaa Shurafa Opinion Why are American evangelicals not backing their counterparts in Ukrain (RNS) \u2014 Today\u2019s Christian right is an unfamiliar force with its own distinct, and often Hamas killed the Bibas children. We should scream to the heavens. (RNS) \u2014 \u2018There are no words have words, but they are unprintable As third anniversary of war looms, Ukrainian Catholics cling to hope (RNS) \u2014 \u2018Everything is first of all in the hands of God and only He can perform a mirac 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 3/8 \u201cCalvin, specifically the Board of Trustees as led by Chair Los and Vice Chair Tuuk Kuras, has diligently continued and perpetuated a harmful narrative about Dr. Boer to the campus and local community, irrespective of truth or fairness,\u201d his attorneys alleged in a complaint filed in the District Court for the Western District of Michigan Southern Division. Joanna Boer, who is a Caribbean- American woman of color, alleged that school officials \u201cundermined her, belittled her, and unduly challenged her\u201d because of her race and gender and sued for discrimination. The school\u2019s board of trustees denied the allegations of the lawsuit in a statement issued Sunday (April 14) and has said in the past that Boer\u2019s actions made him unfit for president. \u201cIn summary, the Board emphatically rejects the accusations of breach of contract, defamation, and discrimination laid out in the Boers\u2019 lawsuit, and we are confident that further misrepresentations will be corrected through litigation,\u201d the board said in a statement. Affiliated with the Christian Reformed Church, Calvin is known for its high-profile alums like former Secretary of Education Betsy Devos as well as influential professors like Kristin Kobes Du Mez, a historian and author of \u201cJesus and John Wayne.\u201d The school has experienced tension in recent years over its rules on sexuality \u2014 as CRC\u2019s teaching condemns any sexual conduct outside of Podcasts Saved by th Kaitlyn Schiess offers some perspective on the use and abuse wisdom for when you want to pick the Good Book up again. The State of Host Rev. Paul Brandeis Raushenbush talks with Rev. Dr. Jacq Church in New York City, about what the Black Church and th these challenging times. Money Meet former of 10 public companies talks about the work an Can We Love the Bible Again? + Kaitlyn Sc Kaitlyn Schiess offers some perspective on the use and abus wisdom for when you want to pick the Good Book up again. AdChoices Sponsored AdChoices Sponso 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 4/8 heterosexual marriage as sinful \u2014 while the school admits students former Calvin professor who lost his job after officiating a same-sex marriage is currently involved in a legal battle with the school. The Boers\u2019 lawsuit, which included a copy of the former president\u2019s employment agreement, and the board response reveal more details about behind-the-scenes tensions during Boer\u2019s brief tenure as Calvin\u2019s leader as well as details of the messages that led to his downfall. Those documents also show that the negotiations over his resignation devolved into a bitter feud. Despite the five-year term of his employment agreement, under the terms of that agreement, Boer was considered an at-will employee and could leave the school or be fired at any time. However, unless the board ruled that Boer was guilty of \u201cserious misconduct,\u201d he would receive his $400,000 salary for a year after leaving. In the complaint, Boer\u2019s attorney stated that he exchanged texts with an employee of a college vendor for several weeks in January but denied he admitted the texts were inappropriate. They also claim he was given little time to defend himself and agreed to resign rather than be fired \u2014 if he could get severance and help shape the messaging around his resignation When are we allowed to yell at God? (RNS) \u2014 Protesting God is not irreligious. It is a form of intim Loose Reins, Tight Factions: The Southern As the Southern Baptist Convention\u2019s Executive Committee political alignment and financial oversight reveal a denomina Newsletters AdChoices Sponsored Subscribe now to get RNS\u2019s free email newsletters, featuring the latest an Web, delivered directly to your email inbox Email Address More on Christianity Trump\u2019s pick to run White House Faith Office sparks theological turf war \u2018The pope is fine,\u2019 doctors say, but not out of danger yet Trump\u2019s gospel 125 years after his visit, Californians honor Swami Vivekananda\u2019s influence 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 5/8 Neither happened, according to the complaint. Instead, negotiations broke down, and Boer and his family were locked out of the presidential home \u2014 even though his kids were still in school in the Grand Rapids area. The complaint claims the president\u2019s messages did not rise to the level of misconduct. \u201cCalvin cannot show a case of \u2018serious misconduct\u2019 as defined by the Contract against Dr. Boer,\u201d Boer\u2019s lawyers claim. In their statement, the board alleges that Boer sent more than 100 messages in 10 days to the woman who complained the messages were inappropriate and claims that he admitted the messages were inappropriate. \u201cDisclosing the actual messages would reveal the complainant\u2019s identity; however, they included texts where Dr. Boer admitted to initiating the exchange under false pretenses,\u201d according to the board\u2019s statement. \u201cHe made multiple comments about the woman\u2019s physical appearance. Dr. Boer also said in these messages that he wanted to get to know her and repeatedly asked about her whereabouts and her plans to attend Calvin events so he could see her.\u201d Calvin\u2019s board also claims it gave Boer ample time to defend himself, including setting up a meeting for him to do so, which they say he failed to attend. The board also denounced what it called \u201cvicious personal AdChoices Sponsored 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 6/8 attacks\u201d against Calvin staff in the complaint filed by the Boers. That complaint accuses the school\u2019s provost and another senior leader of discrimination and complains the president\u2019s secretary mistreated his wife \u2014 who was also an employee of the school. It also alleges that the Boers were criticized for trying to make the school more racially diverse and for doing more outreach in the community. The board denied those allegations. \u201cWhile the Board laments the existence of racism, sexism and other related problems that exist in the world, it is baseless to suggest that any tension arising from efforts of University administrators and staff to ultimately hold Mrs. Boer accountable for spending decisions was in any way related to personal, gender, or racial animus,\u201d the board said in a statement. Calvin\u2019s board also said that it tried to reach an amicable settlement on the issue of severance but was unable to do so. The complaint asks for lost wages and bonuses, compensatory damages for mental anguish and emotional distress as well as punitive damages Calvin professor officiated a same-sex wedding. It likely cost him his job. Christianity Evangelical Faiths News Protestant Help us continue our bold reporting on religion 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 7/8 believes that matters of faith and spirituality aren't just important; they shape our world. That's why we're committed to reporting on all the world's religions, and showing how faith, and faith leaders, affect policy, politics, education, science, and almost any other issue you may care about. As a nonprofit newsroom, we depend on readers, just like you, for our support. If you value the articles, commentary and podcasts we provide, consider making a donation today to ensure we can keep the news coming in 2025. Deborah Caldwell and Publisher Donate today 2/22/25, 6:47 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 8/8", "9057_107.pdf": "Feud with ex- president leads to lawsuit, alleged threats of violence at Calvin University (RNS) \u2014 The prominent evangelical school hired a former business executive as president in hopes of turning around years of decline. But his tenure ended abruptly after the board alleged he'd sent inappropriate messages to a woman he was not married to. Most Popular Defunded evangelical aid groups are reaping what the religious right sowed 14 LGBTQ-affirming ministers lose credentials, more face investigation, over be Queer Christian groups oppose Trump orders in Ash Wednesday statement Evangelical groups hold vigil against Trump and Musk's foreign aid cuts Covering the world of religion. Donate \uf002 1 2 3 4 1 2 3 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 1/7 Wiebe Boer, left, is the former president of Calvin University in Grand Rapids, Michigan. (Photos courtesy Calvin University) By Bob Smietana April 15, 2024 (RNS) \u2014 When Calvin University hired Wiebe Boer as its new president in May 2022, the school signed the former business executive to a lucrative five- year deal. Along with a $400,000 annual salary, Boer received a $100,000 signing bonus, with annual bonuses of up to $200,000 with the chance to earn additional long-term bonuses, paid college tuition for his children, a car and use of the presidential residence on campus. The hope was that Boer, a Calvin alum and son of missionaries, could turn the prominent evangelical school around after years of budget cuts and enrollment decline while easing tensions with the denomination that owns the school. For a while, it seemed things were working. Enrollment went up, and in January, Boer announced an ambitious plan for Calvin\u2019s future. Less than two months later, however, everything fell apart. RELATED: Calvin University board stands by its decision that former president had to go In mid-February, Boer resigned after the school\u2019s board received complaints that he\u2019d sent \u201cunwelcome and inappropriate\u201d messages to the employee of a vendor who worked on campus. When confronted by the board, Boer agreed to step down \u2014 leaving the campus in turmoil, with anger and confusion over how things went so wrong so fast. That anger has led to Boer being locked out of the school\u2019s presidential Latest News For one Iranian family and their church, Trump\u2019s refugee freeze leaves son in exile By Jack Jenkins At the border, a migrant evangelization ministry on pause By Aleja Hertzler-McCain Bishop George Edward Battle Jr., long-serving Zion Church leader, dies at 77 By Adelle M. Banks Why religious leaders are divided on transgender rights By Rose Conlon What goes on in a Christian Science reading room? By Greta Gaffin Defunded evangelical aid groups are reaping what the religious right sowed 14 LGBTQ- affirming ministers lose credentials, more face investigation, over beliefs Quee Chris group oppo Trum order Ash Wedn state Opinion For superfans, comic-con culture is more than fun \u2013 it\u2019s (The Conversation) \u2014 Beyond entertainment, fandom provides meaning, values a Why \u2018Jesus is a Palestinian\u2019 sounds like Christian solidar (RNS) \u2014 The attempt to project contemporary politics or our own aspirations on Vanessa Hidary is a \u2018bad Jew.\u2019 That\u2019s (RNS) \u2014 Looking for a modern Queen Esther? Here she is Jewish woman, emb 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 2/7 residence, a lawsuit \u2014 and this past weekend \u2014 alleged threats of violence against one of the school\u2019s senior leaders want to be very clear. This must stop,\u201d said Calvin interim President Greg Elzinga in a video message sent to the campus community. \u201cRegardless of how you feel about the board\u2019s handling of Dr. Boer\u2019s resignation, it is never acceptable to threaten or attack other members of this community or to joke about doing so in a misguided attempt at humor.\u201d Elzinga said that the threat against a leader had been reported to local law enforcement. The Kent County Sheriff\u2019s Department said in an email that any public records request for an incident report would take several days. On Friday (April 12), Boer and his wife, Joanna, filed suit against the school in federal court, alleging that Calvin violated his employment agreement and defamed the former president \u2014 and that the school failed to pay him $400,000 in severance or to prove that he\u2019d engaged in significant misconduct. \u201cCalvin, specifically the Board of Trustees as led by Chair Los and Vice Chair Tuuk Kuras, has diligently continued and perpetuated a harmful narrative about Dr. Boer to the campus and local community, irrespective of truth or fairness,\u201d his attorneys alleged in a complaint filed in the District Court for the Western District of Michigan Southern Division. Joanna Boer, who is a Caribbean- American woman of color, alleged that school officials \u201cundermined her, belittled her, and unduly challenged her\u201d because of her race and gender and sued for discrimination. The school\u2019s board of trustees denied the allegations of the lawsuit in a statement issued Sunday (April 14) and has said in the past that Boer\u2019s actions made him unfit for president. Podcasts Saved by the Katelyn and Roxy revisit some of the Capital T-truths of their you believe that anymore.' The State of In difficult times, the work of truth-telling can seem like obsessin very often uncomfortable and even frightening. This week, host Jeff Sharlet, author of The Undertow: Scenes From Slow Civil Complexifi As the Southern Baptist Convention\u2019s Executive Committee mee political alignment and financial oversight reveal a denomination Truth or Dare: Evangelical Edition + Erin Katelyn and Roxy revisit some of the Capital T-truths of their yo believe that anymore Give Treasure, Reap Reward: Jerre Stead former of 10 public companies talks about the work and Loose Reins, Tight Factions: The Southern As the Southern Baptist Convention\u2019s Executive Committee me political alignment and financial oversight reveal a denominatio Podcasts Give Treasure, Reap Reward: Jerre Stead former of 10 public companies talks about the work and joy of giving 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 3/7 \u201cIn summary, the Board emphatically rejects the accusations of breach of contract, defamation, and discrimination laid out in the Boers\u2019 lawsuit, and we are confident that further misrepresentations will be corrected through litigation,\u201d the board said in a statement. Affiliated with the Christian Reformed Church, Calvin is known for its high- profile alums like former Secretary of Education Betsy Devos as well as influential professors like Kristin Kobes Du Mez, a historian and author of \u201cJesus and John Wayne.\u201d The school has experienced tension in recent years over its rules on sexuality \u2014 as CRC\u2019s teaching condemns any sexual conduct outside of heterosexual marriage as sinful \u2014 while the school admits students former Calvin professor who lost his job after officiating a same-sex marriage is currently involved in a legal battle with the school. The Boers\u2019 lawsuit, which included a copy of the former president\u2019s employment agreement, and the board response reveal more details about behind-the-scenes tensions during Boer\u2019s brief tenure as Calvin\u2019s leader as well as details of the messages that led to his downfall. Those documents also show that the negotiations over his resignation devolved into a bitter feud. Despite the five-year term of his employment agreement, under the terms of that agreement, Boer was considered an at-will employee and could leave the school or be fired at any time. However, unless the board ruled that Boer was guilty of \u201cserious misconduct,\u201d he would receive his $400,000 salary for a year after leaving. In the complaint, Boer\u2019s attorney stated that he exchanged texts with an employee of a college vendor for several weeks in January but denied he admitted the texts were inappropriate. They also claim he was given little time to defend himself and agreed to resign rather than be fired \u2014 if he could get Newsletters Subscribe now to get RNS\u2019s free email newsletters, featuring the latest and best i directly to your email inbox Email Address More on Christianity For one Iranian family and their church, Trump\u2019s refugee freeze leaves son in exile At the border, a migrant evangelization ministry on pause Bishop George Edward Battle Jr., long-serving Zion Church lead dies at 77 Why religious leaders are divided on transgender rights 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 4/7 severance and help shape the messaging around his resignation. Neither happened, according to the complaint. Instead, negotiations broke down, and Boer and his family were locked out of the presidential home \u2014 even though his kids were still in school in the Grand Rapids area. The complaint claims the president\u2019s messages did not rise to the level of misconduct. \u201cCalvin cannot show a case of \u2018serious misconduct\u2019 as defined by the Contract against Dr. Boer,\u201d Boer\u2019s lawyers claim. In their statement, the board alleges that Boer sent more than 100 messages in 10 days to the woman who complained the messages were inappropriate and claims that he admitted the messages were inappropriate. \u201cDisclosing the actual messages would reveal the complainant\u2019s identity; however, they included texts where Dr. Boer admitted to initiating the exchange under false pretenses,\u201d according to the board\u2019s statement. \u201cHe made multiple comments about the woman\u2019s physical appearance. Dr. Boer also said in these messages that he wanted to get to know her and repeatedly asked about her whereabouts and her plans to attend Calvin events so he could see her.\u201d Calvin\u2019s board also claims it gave Boer ample time to defend himself, including setting up a meeting for him to do so, which they say he failed to attend. The board also denounced what it called \u201cvicious personal attacks\u201d against Calvin staff in the complaint filed by the Boers. That complaint accuses the school\u2019s provost and another senior leader of discrimination and complains the president\u2019s secretary mistreated his wife \u2014 who was also an employee of the school. It also alleges that the Boers were criticized for trying to make the school more racially diverse and for 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 5/7 doing more outreach in the community. The board denied those allegations. \u201cWhile the Board laments the existence of racism, sexism and other related problems that exist in the world, it is baseless to suggest that any tension arising from efforts of University administrators and staff to ultimately hold Mrs. Boer accountable for spending decisions was in any way related to personal, gender, or racial animus,\u201d the board said in a statement. Calvin\u2019s board also said that it tried to reach an amicable settlement on the issue of severance but was unable to do so. The complaint asks for lost wages and bonuses, compensatory damages for mental anguish and emotional distress as well as punitive damages Calvin professor officiated a same-sex wedding. It likely cost him his job. Christianity Evangelical Faiths News Protestant Be part of the one percent You may have noticed, you never hit a paywall when you come to our site. That's by design. We keep our journalism and commentary free for all to read because we believe, especially today, that everyone deserves access to fair, thoughtful, inclusive coverage of the world's religions. As a nonprofit, though, we also depend on the generosity of readers to support our work. Today, far fewer 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 6/7 than 1 percent of the 500,000+ people who visit this site in an average month are also donors. But if just a few of the you who read all the way to the bottom of this note decide to join us as supporters, we'd be sure to have the resources to continue, and expand, our journalism. So if you value this kind of reporting, we ask you to consider making a gift today. Be part of the one percent and help ensure our reporting is always there for those who depend on it. Deborah Caldwell and Publisher Manage consent Donate today 3/15/25, 1:27 Feud with ex-president leads to lawsuit, alleged threats of violence at Calvin University 7/7"}
7,281	Ryan Meany	College of Central Florida	[ "7281_101.pdf", "7281_102.pdf" ]	{"7281_101.pdf": "professor accused of sexual battery on student Austin L. Miller Staff writer Published 2:07 p.m July 14, 2016 Updated 6:51 p.m July 14, 2016 41-year-old assistant professor at the College of Central Florida was arrested Thursday morning on suspicion of sexual battery against a female student. Ryan Meany faces two counts of sexual battery. He was arrested around 9 a.m. and was released from the Marion County Jail at 4:34 p.m. on $30,000 bond. Meany denied a reporter's request for an interview. The incident allegedly occurred early Thursday morning, according to Ocala Police Department Detective Dustin Todd\u2019s report. The woman \u2014 who is in her early 20s and is a former student of the communications teacher \u2014 told police she contacted Meany to meet for coffee and talk about a position she was interested in, the report states. Instead of coffee, she said, he suggested they meet for beer. She met him at The Crazy Cucumber in Ocala for beers and conversation. About an hour later, he suggested they go to O'Malley's Alley in downtown Ocala, where she had a few more drinks, according to the report. She became sick and went to the bathroom to throw up. At one point, the woman said two other women entered the bathroom and asked her if she needed help, the report states. She said he came in and, while she was vomiting, smacked her buttocks and touched her inappropriately. The woman said she told Meany to stop and to call her boyfriend to come get her. She said Meany stopped and said he would take her home. Instead, he took her to his home on Northeast 17th Court. 2/22/25, 6:48 professor accused of sexual battery on student 1/2 On the way, she said, he repeatedly asked her to spread her legs while he slapped her legs and groin area. The woman said she kept telling him no, according to Todd\u2019s report. The woman said she asked why he didn\u2019t take her home. He told her, the woman said, that she should come inside and he would call her boyfriend to come pick her up, the report states. He allegedly told her to be quiet because his girlfriend was sleeping. Lying on the couch, the woman said she felt sick. Meany removed her shorts, despite her telling him no, and had oral sex with her, according to Todd's report. She said Meany used her cellphone to call her boyfriend. When the boyfriend arrived, the woman overheard him asking Meany why her pants were down but Meany didn\u2019t answer. Todd interviewed the boyfriend, who said he was aware of the meeting. The man said he became concerned when he got to Meany\u2019s home and saw his girlfriend\u2019s pants \"were undone,\" according to the report. The boyfriend said he questioned Meany about it but did not get an answer. After the incident was reported, Meany went to OPD, where he denied any inappropriate sexual contact with the woman. According to the report, however, Meany told the detective the woman \"may have sat on his face sexually at his house\" and that he \"may have accidentally\" touched her while her pants were down in the bathroom. Meany said the woman never said no \u2014 or yes \u2014 to him. Asked if would suspend \u2014 or take any action \u2014 against Meany, spokeswoman Lois Brauckmuller said the college had no comment. \"At the College of Central Florida, the safety of our college community it among our highest priorities. We will not comment on any ongoing investigation,\" she said. \u2014 Contact Austin L. Miller at 352-867-4118, [email protected] or @almillerosb. 2/22/25, 6:48 professor accused of sexual battery on student 2/2", "7281_102.pdf": "Ex prof won't be charged in sex case Student alleged assault Nicki Gorny Staff writer Published 11:56 a.m Sept. 27, 2016 Updated 6:00 p.m Sept. 27, 2016 The State Attorney\u2019s Office is declining to prosecute a former College of Central Florida assistant professor accused of sexually battering a student. Authorities arrested Ryan Meany, 41, in mid-July after a female student reported that he took advantage when the two met for drinks and discussion. She reported two instances of sexual contact \u2014 in a bar bathroom and at Meany\u2019s home in Ocala \u2014 that she said were not consensual. In filing its determination in Meany\u2019s case, Assistant State Attorney Debra Munchel wrote that additional witnesses and a laboratory analysis paint a more complete picture of the evening. This picture suggests the likelihood of conviction at trial is slight placed Meany on administrative leave following his arrest. He subsequently resigned. The college's internal investigation into the matter is ongoing and independent of the criminal proceeding, a spokeswoman said on Tuesday. Much of what happened between Meany and the woman is not disputed, according to Munchel\u2019s assessment. Both told authorities that they arranged to meet at the Crazy Cucumber about 8:30 p.m. July 13 to discuss an opportunity at the college. The conversation there skewed more personal over two or so drinks each, according to the document, and they agreed to continue the evening at O\u2019Malley\u2019s Alley about 10 p.m. The student became ill following more drinks at O\u2019Malley\u2019s, according to the document. She went to a bathroom at the bar to vomit. When the bar was closing, Meany and a security guard followed her, helped her off the floor, and walked her to Meany\u2019s car. Once at Meany\u2019s house, according to the document, Meany performed sex acts on the student. Afterward he called the student\u2019s boyfriend who, according to the document, \u201ctook 2/22/25, 6:48 Ex prof won't be charged in sex case 1/2 her to the hospital, called police department and instituted a report of sexual abuse on behalf of the victim.\u201d The student reported that she did not consent to sex acts with Meany that night, including an instance she described in the bar bathroom in which she alleged that Meany digitally penetrated her. Meany initially denied any sexual contact while they were at his home. Later he said that \u201cshe may have sat on his face\u201d and that she did not say \u201cstop\u201d or \u201cno\u201d while they were at his home. Of the bathroom incident, he told authorities that he pulled her pants up, because she was unable to do so herself, and that he \u201cmay have accidentally penetrated her while her pants were down.\u201d Munchel references conversations with the bartender and Meany\u2019s live-in girlfriend, who was at the home when the two returned to it that night, to clarify these events. The bartender said the student did not object to getting in Meany\u2019s car, according to the document. The live-in girlfriend said she did not hear \u201canything from the victim that would indicate she was not enjoying herself.\u201d Laboratory reports indicate that the student was not drugged that evening, according to the document, and the bartender\u2019s statement suggests that her consumption of alcohol was voluntary. Voluntary intoxication, according to case law that Munchel cites in the document, does not render a person helpless and unable to communicate unwillingness to participate in a sex act. Munchel writes: \u201cSince the victim was not physically helpless, but impaired by her own voluntary intoxication, if she did not consent to the sexual contact, she would have had to make that known to the defendant in order for the defendant\u2019s actions to rise to the level of crime.\u201d Contact Nicki Gorny at 352-867-4065, [email protected] or @Nicki_Gorny. 2/22/25, 6:48 Ex prof won't be charged in sex case 2/2"}
7,674	Philip W. Signor	University of California ‚Äì Davis	[ "7674_101.pdf" ]	{"7674_101.pdf": "Search Results: signor (HTTPS://SIEGELYEE.COM/) \uf09a ( Yee-560434513985923/) \uf099 ( Home ( \uf054Search Results Regents Settle Sexual Harassment Suit ( sexual-harassment-suit/) Graduate student at Davis will collect $175,000 and has been guaranteed a $16,000-a-year position as a research assistant \u2014 The Board of Regents has agreed on behalf of the University of California to pay a student at the Professor Named in Harassment Case Quits Faculty ( news/professor-named-in-harassment-case-quits-ucd-faculty/) Resignation letter was submitted just one day before possible Regents\u2019 action Davis Professor Philip W. Signor, faced with the possibility of becoming only the second tenured faculty member in the University of California\u2019s 125-year history to be fired, resigned ( \uf09a ( 560434513985923/) \uf099 ( 2/22/25, 6:48 Siegel & Yee \| Search Results signor 1/2 (HTTPS://SIEGELYEE.COM/CONTACT/) Contact (Https://Siegelyee.Com/Contact/) Site Map (Https://Siegelyee.Com/Site-Map/) Site Credits (Https://Siegelyee.Com/Site-Credits/) Disclaimer (Https://Siegelyee.Com/Disclaimer/) 2/22/25, 6:48 Siegel & Yee \| Search Results signor 2/2"}
7,824	Rex Stamper	University of Southern Mississippi	[ "7824_101.pdf", "7824_102.pdf", "7824_103.pdf", "7824_104.pdf", "7824_105.pdf", "7824_106.pdf", "7824_107.pdf" ]	{"7824_101.pdf": "v (2004) Supreme Court of Mississippi MISSISSIPPI; Dr. David Huffman, Dr. Glenn Harper, and Dr. Rex Stamper v. Davida Dawn WILLIAMS. No. 2003-CA-00190-SCT. Decided: November 10, 2004 BANC. Alan M. Purdie, Ridgeland, Lee Partee Gore, Hattiesburg, Ricky L. Boggan, attorneys for appellant. Kim T. Chaze, Hattiesburg, attorney for appellee. \u00b6 1. On July 16, 1996, Davida Dawn Williams, a doctoral student at the University of Southern Mississippi (USM), filed suit in the Forrest County Circuit Court against USM, as well as professors Dr. David Huffman, Dr. Glenn Harper, Dr. Harry McCraw, and Dr. Rex Stamper, in their individual and official capacities. She sought actual damages in the sum of $10 million, punitive damages in the sum of $10 million, relief under 42 U.S.C. \u00a7\u00a7 1983 et seq. and unspecified injunctive relief under the Mississippi Rules of Civil Procedure and statutes. Her complaint alleged that the defendants jointly and severally engaged in a wrongful and malevolent course of conduct which prevented her from receiving her doctoral degree and caused severe emotional and mental anguish. In addition, she alleged general deprivation of unspecified property interests and contractual and constitutional rights. Six years later, in July 2002, after lengthy delays, nominal activity in the case, continuances, and resettings of trial dates, the case was tried before a jury which returned an 11-1 general verdict for Williams, in the sum of $800,000 \u201cactual damages.\u201d The trial court entered judgment in accordance with the verdict. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:49 v (2004) \| FindLaw 1/26 Following denial of the defendants' motions for remittitur, JNOV, and alternatively for a new trial and three of the four professors 1 timely perfected their appeal. They raise twelve issues which encompass incorrect and unwarranted jury instructions; failure to apply the Mississippi Tort Claims Act; incorrect application of 42 U.S.C. \u00a7 1983; erroneous denial by the trial court of their motions for directed verdict, new trial or remittitur; judgment against the great weight of the evidence; and no legal basis for the judgment. \u00b6 2. After careful review of the record before us, we conclude that the trial court should have granted the defendants' motion for on the \u00a7 1983 claim and the Mississippi Tort Claims Act claim. We affirm, however, the trial court's denial of the defendants' motion for on Williams's contract claim. We reverse the judgment entered against the defendants, and we remand to the trial court for a new trial solely as to damages on Williams's breach of contract claim \u00b6 3. The facts in this case cover a period of seventeen years, and the following time line is provided to assist in understanding the sequence of events relevant to Williams's claims: Summer 1985 enrolled at to pursue Ph.D. degree in English Fall 1985 passed doctoral qualifying examination completed 10 hours, made three A's and one Spring & Summer 1986 completed 19 hours, made all A's August 6, 1986 passed graduate school foreign language test Fall 1986 completed seven hours, made all A's dissertation committee selected 2 Spring 1987 completed three hours, made an passed doctoral comprehensive exam (now 3) admitted to candidacy for Ph.D., enrolled Eng. 898 Fall 1987 Eng 898 4 (independent study on dissertation) instructed in English department 1988 dissertation in progress (not shown on transcript) 2/22/25, 6:49 v (2004) \| FindLaw 2/26 instructed in English department instructed in criminal justice department February 1989 received inappropriate Valentine card from Stamper Spring & Summer 1989 dissertation in progress (not shown on transcript) instructed in criminal justice department March 3, 1989 prospectus for dissertation approved by committee August 31, 1989 dissertation still in progress (not shown on transcript) Fall 1989 instructed in criminal justice, Pearl River Community College (PRCC) June 21, 1990 Stamper's memo to Williams indicating valid dissertation premise but underdeveloped concept, some suggestions, requesting to see it before proceeding Aug. or Sept. 1990 Stamper's visit to Williams's home to discuss dissertation revisions/attempted sexual assault 5 Sept. 1990 meeting with Dr. Harper, Dean of the College of Liberal Arts and Dr. Wheeler, Chair of the English Department, to report Stamper's conduct and request his removal Spring & Fall 1990 instructed in criminal justice and English Spring 1991 instructed in criminal justice and English still trying to meet with Dr. McCraw, new director of her dissertation committee appointed by Dr. Wheeler April 17, 1991 head of USM's criminal justice program humiliated Williams at annual awards program by calling her to stage to thank her, then making improper remark with sexual overtones about her before roughly 200 people May 13, 1991 letter to Dean Harper to report incident, continued harassment, Stamper still making unwanted calls to her Summer & Fall 1991 instructed in English renewed request to Dr. McCraw for advice and direction as to how to proceed with dissertation February 1992 married and moved to Gautier Spring 1992 instructed in English 2/22/25, 6:49 v (2004) \| FindLaw 3/26 March & September, 1992 letters to Dr. McCraw, still awaiting response January 1993 another letter to Dr. McCraw requesting a meeting with him to discuss dissertation December 1993 yet another letter to Dr. McCraw asking to meet with him, pointing out she's been since 1987, must see him and determine the future course of dissertation November 1994 talked separately with Dr. Wheeler and Dr. McCraw, gave McCraw revised dissertation, and was told Dr. Richardson would have to be replaced; plans made to defend, finish all work, and get degree by December 1995; no further communication for 6 months June 5, 1995 received letter from Dr. McCraw noting dissertation not a viable project and she needed to start over; included was a letter from Dr. Wallace, appointed to the dissertation committee without Williams's knowledge or approval, corroborating McCraw's evaluation December, 1995 letter to Dean Harper saying the sexual harassment and discrimination still continue, asking for help; Williams's attorney's letter to Dr. Ginn, Vice President of Administrative Affairs, denoted as grievance notice outlining eleven specific complaints January 8, 1996 letter from Mary Villeponteaux, graduate director, offering sympathy but no specific help with complaints February 15, 1996 meeting between Williams, her attorney, Dr. Huffman, and USM's attorney to discuss problems and solutions connected; Huffman to get back in touch, but did not April 23, 1996 letter to attorney requesting status report; no response July 15, 1996 filed suit in Forrest County Circuit Court July 30, 2002 Final Judgment \u00b6 4. The Ph.D. degree in English program in which Williams enrolled requires a qualifying examination after one full semester's work; proficiency in two foreign languages; a minimum of 48 semester hours beyond the master's degree; a written comprehensive examination; and presentation and defense of a dissertation, according to the graduate bulletin under which she enrolled. The portion of the bulletin included in the record is silent about procedures to be followed when problems involving the completion and defense of a dissertation arise. By the end of 1987, Williams had finished her course work with a 3.92 grade point average, and she had passed her comprehensive exams and proficiency tests in two foreign languages. Positive and encouraging remarks about that progress are in the record. Subsequently, her dissertation committee approved a detailed prospectus, which cleared Williams to proceed with research and writing of her dissertation. Upon successful defense of the dissertation, she would receive her Ph.D. degree. 2/22/25, 6:49 v (2004) \| FindLaw 4/26 \u00b6 5. According to the graduate bulletin, a student's presentation and defense of a dissertation is supervised by a departmental committee composed of a chairman and four members recommended by the department chairman and appointed by the graduate dean. Williams was allowed to request and approve who would serve as members of her committee, including Stamper as the chair of the committee and director of her dissertation. \u00b6 6. The primary focus of the present case is Stamper's conduct as a professor and as the chair of Williams's doctoral committee. The secondary focus is the general lack of attention and seriousness shown by a number of professors and officials to Williams's reports of improper and unwarranted sexual misconduct. Williams testified that Stamper's conduct as a faculty member towards her between 1985 and 1987 was \u201cflirty\u201d but not \u201charmful.\u201d However, after Stamper had become chair of her dissertation committee, that began to change. Williams testified at trial that Stamper's conduct became \u201csexual harassment,\u201d which included, among other things: office visits which often turned sexual in nature; telephone calls to her home; a lewd and vulgar Valentine card placed by Stamper into Williams's university mailbox in February 1989; and eventually, in 1990, the sexual assault. \u00b6 7. Stamper acknowledged in his testimony that he went to Williams's home between twenty-five and thirty times for reasons related to his academic duties and his chairmanship of Williams's dissertation. In addition to these trips to Williams's home, Stamper also conceded and admitted that he visited in the homes of between 100 and 200 students, male and female, during his 20 year tenure at USM. Stamper also testified that he and Williams had engaged in consensual sexual relations, which Williams denied. \u00b6 8. For several years before the assault, Williams had complained occasionally and generally about Stamper's inappropriate behavior to his immediate bosses, Dr. Thomas Richardson, Chair of the English Department from 1985-1988, and his successor, Dr. David Wheeler, Chair from 1988 forward. After the assault, however, she set up a special meeting with Dr. Glenn Harper, Dean of the Liberal Arts College, and English chair Wheeler to lodge her complaints. According to Williams's testimony, she told them in detail about what had happened in her home with Stamper and what she had endured for the past several years by him. Dean Harper, however, testified that she did not tell them about the alleged assault, but made general allegations of inappropriate behavior, and only wanted Stamper removed as chair of her doctoral committee. The result of the meeting, according to Williams, was that Harper and Wheeler agreed to remove Stamper from the dissertation committee, name McCraw as chairman, order Stamper to stay away from Williams, and add Dr. William Lyddon from the Psychology Department to the committee. At trial, however, Stamper testified that he was not removed from the committee and was never told to stay away from Williams. Furthermore, Lyddon testified that he was never contacted about joining Williams's dissertation committee and was never shown a copy of Williams's dissertation. \u00b6 9. Williams testified that, despite her complaint to Harper and Wheeler, the sexual harassment continued. According to Williams, Stamper and another now former professor harassed her until 2/22/25, 6:49 v (2004) \| FindLaw 5/26 1992, when she remarried. Williams further testified that, during this time, she could not get advice that she sorely needed in order to proceed with her dissertation. She wrote McCraw, her new dissertation chair, seven times between April 5, 1991, and November 29, 1994, and called him numerous times. As shown by the record, her written messages were pleasant, positive and deferential to the heavy demands which Dr. McCraw must have had with his classes, etc. They also clearly and courteously expressed her concern about needing guidance regarding her dissertation. Finally, on June 5, 1995, more than four years after he was appointed as chair, McCraw replied: First of all, let me apologize for the unconscionable lateness of this letter got distracted and failed to reply am sorry if have caused you any inconvenience\u2024 The consensus of those of us who would form your graduate committee here at (Dr. Anne Wallace, Dr. Ken Watson and myself) \u2024 is that this is not a viable project as it now stands. The particulars are spelled out in the accompanying letter from Dr. Wallace\u2024 Our opinion is that if you wish to pursue a doctorate in English at USM, this could best be done by working with us from the start on a project which would be fully supported by contemporary criticism and critical methodologies\u2024 (emphasis added.) \u00b6 10. After reading McCraw's letter, Williams hired an attorney. On February 15, 1996, Williams, her attorney, Vice President of Academic Affairs Dr. David Huffman, and USM's attorney met to discuss Williams's claim. When she did not hear from the university for another five months, Williams filed suit on July 15, 1996. \u00b6 11. When the case went to trial in July, 2002, much of the testimony and evidence supporting Williams was admitted into the record without objection. During the six-day trial, Williams herself testified at length. She was an articulate witness and described her academic background which included an undergraduate degree in English (with special distinction) and master's degree in English from Arkansas State University, as well as further certification as a specialist in community college teaching, also from ASU. She also described her career prior to enrollment at USM, including two years as a teacher and two years as an special agent (from which she resigned when she married, came to Mississippi, and embarked on the pursuit of her Ph.D. in English). \u00b6 12. She also called as witnesses Leland Ray, another graduate student; Dr. Darlys Alford, a psychology professor and personal friend; Dr. David Wheeler; her son, Heath Williams; Dr. Will Lyddon, psychology professor who Williams requested be appointed to her doctoral committee; Dr. Norman Stafford, professor of English at Arkansas State University; and David Greenwell, Williams's husband. Defendants Stamper, Harper, and Huffman were called, adversely, by Williams and the professors 2/22/25, 6:49 v (2004) \| FindLaw 6/26 offered little testimony in defense, calling only Drs. Thomas Richardson and Anne Wallace (English Department faculty members) to testify \u00b6 13. We note at the outset that the decision of this Court reached in this case is very fact specific and thus narrowly written and should not be construed as giving approval to the application of contract theory to circumvent the protection afforded our universities and the employees thereof by the Mississippi Tort Claims Act. \u00b6 14. This Court reviews a circuit court's decision to deny a motion de novo-that is, this Court does not defer to the circuit court's decision but rather reviews the matter anew. Northern Elec. Co. v. Phillips, 660 So.2d 1278, 1281 (Miss.1995 circuit court should only deny a motion as to a particular theory of liability where the particular theory of liability is legally sufficient to support the verdict. Miss. R. Civ. P. 50. I. Denial of re: Williams's 42 U.S.C. \u00a7 1983 claim \u00b6 15. Section 1983 creates a cause of action against any person who, acting under color of state law, abridges rights created by the Constitution and laws of the United States. Specifically, the statute provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State \u2024 subjects, or causes to be subjected, any citizen of the United States \u2024 to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law\u2024 42 U.S.C. \u00a7 1983. Section 1983 is not itself a source of substantive rights, but rather a remedy for vindicating federal rights elsewhere conferred by those parts of the United States Constitution and federal statutes it describes. Wilson v. Garcia, 471 U.S. 261, 278, 105 S.Ct. 1938, 1948, 85 L.Ed.2d 254 (1985). However, based upon established principles of statutory construction and common law immunities, the United States Supreme Court has held that neither states nor state officials acting in their official capacities are \u201cpersons\u201d within the meaning of \u00a7 1983. Will v. Mich. Dep't of State Police, 491 U.S. 58, 64, 109 S.Ct. 2304, 2309, 105 L.Ed.2d 45 (1989). In Will, the United States Supreme Court said: \u201cSection 1983 provides a federal forum to remedy many deprivations of civil liberties, but it does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties.\u201d 491 U.S. at 66, 109 S.Ct. at 2309. Furthermore, according to Will, Congress did not intend to create a cause of action through \u00a7 1983 against States to be brought in state courts. Id. \u00b6 16 moved for judgment notwithstanding the verdict as to Williams's 42 U.S.C. \u00a7 1983 claim. Though Williams claims in her brief before this Court that she did not seek relief under \u00a7 1983, she 2/22/25, 6:49 v (2004) \| FindLaw 7/26 specifically pled a \u00a7 1983 cause of action among others in her Complaint initiating this lawsuit. Williams appeared to abandon all \u00a7 1983 claims during the course of the trial, and the trial court refused, without explanation, the defendants' requested jury instruction D-5 which stated that, as a matter of law and the professors in their official capacity, are not persons under 42 U.S.C. \u00a7 1983. Nevertheless, the trial court denied USM's motion for regarding any claim Williams had based upon \u00a7 1983. It is uncontested by the parties that is an agency of the State of Mississippi and therefore is immune from suit in state courts unless the State waives its sovereign immunity or Congress overrides state sovereign immunity through Section 5 of the Fourteenth Amendment. Id. at 66, 109 S.Ct. at 2309-10; Miss.Code Ann. \u00a7 11-46-5. Williams initially named as defendants USM, along with professors Huffman, Harper, McCraw, and Stamper in their individual and official capacities. Subsequently, Williams voluntarily and inexplicably dismissed Stamper in his individual capacity and also dismissed McCraw's estate following his death. The circuit court, on motion for directed verdict at the conclusion of Williams's case-in-chief, dismissed Harper and Huffman in their individual capacities. \u00b6 17. Thus, when the jury returned its verdict, there were no individual defendants left; only and the three professors in their official capacities remained. Accordingly, any \u00a7 1983 claims by Williams should have been dismissed as a matter of law, and the circuit court erred when it denied USM's motion for judgment notwithstanding the verdict regarding Williams's 42 U.S.C. \u00a7 1983 claim. II. Denial of re: Williams's contract claim \u00b6 18. In her complaint, Williams stated that as a doctoral student, she had \u201csignificant contractual rights\u201d and that the course of conduct of the defendants deprived her of those rights. She claimed an implicit and explicit contract whereby she paid a significant amount of money to in return for the opportunity to pursue her academic endeavors in an unfettered academic environment, free from harassment. Although Williams asked for $10 million in actual damages, $10 million in punitive damages, as well as all relief to which she is entitled under \u00a7 1983, and for injunctive relief under unspecified statutes and rules of civil procedure, she did not request specific performance or any other identifiable contractual relief other than the omnibus request for \u201csuch relief which is just, legal, and equitable.\u201d \u00b6 19. Williams primarily relied on Univ. of Miss. Med. Ctr. v. Hughes, 765 So.2d 528 (Miss.2000). In Hughes, several medical students sued the medical school for injunctive relief when the university changed its degree requirements after the students had enrolled. Id. at 531. This Court held, after examining numerous federal and other state authorities, that \u201cthe student-university relationship is contractual in nature and that the terms of the contract may be derived from a student handbook, catalog, or other statement of university policy.\u201d Id. at 534. \u00b6 20. Williams argues, in essence, that breached the contract created by USM's graduate catalog, by not providing her the educational opportunity for which she paid, by not giving her a fair hearing 2/22/25, 6:49 v (2004) \| FindLaw 8/26 regarding her complaints about actions and inactions of the professors, and by not acting with \u201cgood faith\u201d and \u201cfair dealing vigorously contests Williams's interpretation of Hughes, arguing that the holding in Hughes is limited and that Williams did not prove violated any term of an alleged \u201ccontract.\u201d \u00b6 21. Until Hughes, there was a dearth of Mississippi case law defining the relationship between the university and the student. In formulating the holding in Hughes, this Court examined carefully the law of numerous other jurisdictions and how they addressed the rights and responsibilities in the student/university relationship. Id. This Court agreed with sister jurisdictions that the student/university relationship is \u201ccontractual in nature,\u201d but also held that \u201crigid importation of the contractual doctrine has been rejected.\u201d Id. \u00b6 22. Of particular concern to this Court, as well as others across the nation, is the potential danger of judicial intervention in the academic context and that such intervention \u201cwould interfere unnecessarily in the [u]niversity's discretion to manage its academic affairs.\u201d Id. at 535. However, this Court's reluctance to intervene in the academic context does not mean that academic decisions are inherently unreviewable. While this Court respects the academic process and the necessarily deferential standard by which we review academic decisions, such deference should not be construed as a license for administrators to act arbitrarily and capriciously when making decisions that affect a student's academic standing, nor to act in bad faith or deal unfairly with a student. \u00b6 23. As in Hughes, the present case is one of first impression, involving a doctoral candidate's pursuit of the Ph.D. degree and the unique dissertation committee/defense process utilized in doctoral programs in universities nationwide. So we looked to other jurisdictions for insight into how they have applied the contractual duty of good faith and fair dealing to the conduct of a university in its relationship with Ph.D. students. We found no doctoral cases on point, but one involving a master's degree program is instructive. In Olsson v. Bd. of Higher Educ., 49 N.Y.2d 408, 426 N.Y.S.2d 248, 402 N.E.2d 1150, 1153 (1980), a master's degree candidate with an \u201chonors average\u201d at the John Jay College of Criminal Justice argued that the college should be estopped from asserting that the student had not fulfilled the requirements for graduation because the student's deficiency was caused in part by reliance upon a professor's misleading statement regarding the institution's grading criteria. To obtain a master's degree from the college, Olsson had to pass a final \u201ccomprehensive\u201d examination on the field of criminal justice. Relying on a professor's misstatements as to the criteria for passing the exam, Olsson and several other students took the five question exam believing that they only had to score three points out of a possible five on three questions. In reality, the students had to score three points on four of the questions to pass the examination. Olsson petitioned the academic appeals committee to award him his degree based upon the grading standard the professor represented. The committee refused to do so, but in the interest of fairness it offered to expunge the results of Olsson's examination and permit Olsson to take the exam again without prejudice. Finding this offer unacceptable, Olsson instituted 2/22/25, 6:49 v (2004) \| FindLaw 9/26 legal action to compel the college to award him a diploma based upon his existing examination score. While the New York trial and intermediate appellate courts found for Olsson, the Court of Appeals (New York's highest court) reversed, holding that estoppel was an extreme remedy to be used only in the most egregious of circumstances. The Court of Appeals held that Olsson had a less drastic remedy by being able to retake the test without prejudice. While the Court of Appeals expressed and exercised caution in intervening in academic affairs, the court did state that intervention is warranted when an educational institution does not act in good faith in its dealing with students, but instead exercises discretion in an arbitrary or irrational fashion. Id. at 1153. In the present case, the remedy offered by arguably is extreme: that she start all over, after 8 years of working directly on the dissertation, when she was unable to get the guidance from those whose responsibility it was to advise and direct her work.6 \u00b6 24. This Court has consistently recognized that every contract contains an implied covenant of good faith and fair dealing in performance and enforcement. Morris v. Macione, 546 So.2d 969, 971 (Miss.1989). \u201cGood faith is the faithfulness of an agreed purpose between two parties, a purpose which is consistent with justified expectations of the other party. The breach of good faith is bad faith characterized by some conduct which violates standards of decency, fairness, or reasonableness.\u201d Cenac v. Murry, 609 So.2d 1257, 1272 (Miss.1992). Bad faith, in turn, requires a showing of more than bad judgment or negligence; rather, \u201cbad faith\u201d implies some conscious wrongdoing \u201cbecause of dishonest purpose or moral obliquity.\u201d Bailey v. Bailey, 724 So.2d 335, 338 (Miss.1998). \u00b6 25. In the present case, there is no way to know the basis for the jury's verdict which awarded Williams \u201c$800,000 in actual damages.\u201d 7 The very nature of a general verdict precludes that knowledge. Because this issue is before us on JNOV, our review is de novo, and based upon the record before us, there is sufficient evidence from which reasonable jurors could conclude that and its employees breached the duty of good faith and fair dealing in their relationship with Williams. Although we are mindful that directly conflicting testimony was given, the documentary evidence is clearly supportive of many of Williams's allegations. \u00b6 26. When a student enrolls in a doctoral program, the university is justified in expecting the student will satisfactorily complete all the requirements of the program. There is evidence that and its employees knowingly conducted themselves in ways which violated standards of decency, fairness, and reasonableness. \u00b6 27. As mentioned previously, it is uncontested that Williams maintained close to a 4.0 grade point average in her doctoral course work, demonstrated proficiency in two foreign languages, passed her comprehensive exams, and obtained approval of her detailed prospectus. In addition to her success in the doctoral program, Williams was also entrusted by with teaching responsibilities. In short, she was a mature, accomplished student on the verge of full acceptance into academia. The jury apparently believed, however, that the actions and inactions of Stamper and other officials 2/22/25, 6:49 v (2004) \| FindLaw 10/26 precluded, or at least severely delayed, Williams's ability to complete the final requirement of a doctorate: the presentation and defense of an acceptable dissertation. \u00b6 28. Williams claims that Stamper prevented her from defending her doctoral dissertation because she refused to engage in sexual relations and rebuffed his sexual advances, which he denies. Huffman, USM's vice-president for academic affairs, testified that based upon USM's graduate bulletin, Williams had the right to a \u201cfair committee that made non-arbitrary decisions.\u201d Stamper claims that his refusal to allow Williams to defend her dissertation was based upon deficiencies in the dissertation itself. Assuming, arguendo, that is correct, the jury was still free to judge the credibility of the witnesses and consider what impact his other actions, and those of other professors and/or officials, might have had upon her efforts and ability to present a dissertation deemed worthy of defense. Stamper testified that he visited Williams's house between twenty-five and thirty times and had consensual sex with her on multiple occasions. He professed he was unaware of any university policy that precluded a professor from being involved in a sexual relationship with his student. In addition did not contest the admission into evidence of the lewd Valentine which Stamper personally delivered to Williams's university mailbox. There was also testimony by a fellow professor that Stamper had a reputation as a ladies' man. \u00b6 29. As proof that other professors engaged in conscious wrongdoing, frustrating Williams's attempts to prepare and defend her dissertation, Williams testified that in September, 1990, she complained to Dean Harper and English Department Chair Wheeler about Stamper's sexual harassment and threats. Williams further testified that as a result of her complaint, they agreed to remove Stamper from the dissertation committee, prevent Stamper from having contact with her, install McCraw as dissertation chair, and add Dr. Lyddon to the committee. There is no documentary evidence in the record to show what, if anything, was actually done by to fulfill such an agreement. According to the testimony of Williams, Stamper did not cease his harassment. In addition, Stamper himself testified that he was never notified of any removal from Williams's committee nor told to stay away from her. Furthermore, Lyddon testified that he was never contacted by a official about serving on Williams's committee and had never seen a copy of her dissertation. Finally, after Williams made many attempts to correspond through mail or telephone with McCraw between spring 1991 and June, 1995, McCraw responded by apologizing for his \u201cunconscionable\u201d lack of response. McCraw then went on to inform Williams that her dissertation committee (professors Wallace, Watson and himself) did not believe her dissertation was presently viable and that she would need to work with them \u201cfrom the start on a[new] project.\u201d \u00b6 30. This Court traditionally has held that emotional distress and mental anguish damages are not recoverable in a breach of contract case in the absence of a finding of a separate independent intentional tort. Life & Cas. Ins. Co. v. Bristow, 529 So.2d 620, 624 (Miss.1988). In recent years, however, this Court has moved away from this requirement. See Southwest Miss. Reg'l Med. Ctr. v. 2/22/25, 6:49 v (2004) \| FindLaw 11/26 Lawrence, 684 So.2d 1257, 1269 (Miss.1996). It is now undisputed that under Mississippi law a plaintiff can assert a claim for mental anguish and emotional distress in a breach of contract action. However, our decisions over the past several years addressing mental anguish and emotional distress are arguably unclear. On the one hand, we have held that we require a heavy burden of proof in order to establish a right to recover emotional distress damages. Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56, 64-65 (Miss.2004). On the other hand, we have allowed recovery for mental anguish based upon the following testimony: Lawrence's proof for her claim for damages for mental anguish included her testimony at trial that she was \u2018devastated\u2019 as a result of the denial of benefits and termination of employment. Lawrence stated that she was worried about where she would get the money to cover the basic household expenses. She also testified that she and her family lost their home as a result of the denial of benefits and termination of employment. Southwest Miss. Reg'l Med. Ctr. v. Lawrence, 684 So.2d at 1269. \u00b6 31. We take this opportunity to clarify the burden for recovery of mental anguish and emotional distress in breach of contract actions. Plaintiffs may recover such damages without proof of a physical manifestation. Adams v. U.S. Homecrafters, Inc., 744 So.2d 736, 743 (Miss.1999). Furthermore, expert testimony showing actual harm to prove mental injury is not always required. Gamble v. Dollar Gen. Corp., 852 So.2d 5, 11 (Miss.2003). However, the plaintiff must show (1) that mental anguish was a foreseeable consequence of the particular breach of contract, and (2) that he or she actually suffered mental anguish. Such generalizations as \u201cit made me feel bad,\u201d or \u201cit upset me\u201d are not sufficient plaintiff must show specific suffering during a specific time frame. These requirements are not different from the requirements to establish physical pain and suffering. \u00b6 32. We have previously held that, \u201cevidence consisting solely of a claim of sleeplessness and mental anguish did not demonstrate an actual injury with sufficient certainty to warrant compensation.\u201d Morrison v. Means, 680 So.2d 803, 806-07 (Miss.1996). We then clarified this holding in Whitten v. Cox, 799 So.2d 1, 10-11 (Miss.2000), by pointing out that testimony concerning \u201cdiscomforts\u201d such as sleeplessness and irritability take on a different importance when viewed in light of the event which engendered the mental anguish. In Whitten, we recognized greater significance to such terms because of the event 8 which caused them. \u00b6 33. Thus, \u201cthe nature of the incident\u201d can be important in two ways. First, understanding the nature of the incident is essential in establishing whether emotional distress is foreseeable. Additionally, in cases where the defendant's conduct is more egregious, the plaintiff's burden of establishing specific proof of suffering will decrease. Nevertheless, the burden is there, and a plaintiff seeking emotional distress damages for a breach of contract must provide more than general declarations of emotional distress. 2/22/25, 6:49 v (2004) \| FindLaw 12/26 \u00b6 34. In the case before us, we have no doubt that Williams presented sufficient proof of emotional distress caused by USM's failure to fulfill its contractual obligations. Furthermore, she was denied the fruits of her many years of academic labors. \u00b6 35. We must point out that Williams mentioned several times in her testimony the emotional effects Stamper's actions had on her. Specifically, Williams testified about the assault in her home and its effects on her mental and emotional well-being. Williams testified that later that evening, she actually considered suicide, and had her gun in her hands, but that her son was able to wrestle the gun away from her. In addition to the assault by Stamper, Williams testified to harassing phone calls and a shadowy figure outside her bedroom window in the late night/early morning hours. \u00b6 36. Regarding the effects of USM's actions preventing her from defending her dissertation, Williams testified to \u201c[t]he lack of guidance, the game playing and repeated sexual harassment that suffered in connection with my dissertation, and it's taken a great toll on me, it's a paralyzing trauma. Even now, the word dissertation evokes strong feelings of dread, disgust, anxiety, anger, and so forth, within me.\u201d \u00b6 37. Other persons also testified to the mental and emotional effects the defendants' actions had on Williams. Dr. Darlys Alford, Williams's colleague, professor at USM, and licensed professional counselor, testified that after the assault by Stamper \u201c[Williams] was very reluctant to go to the University because she had been traumatized; she was very upset about it,\u2024\u201d Alford also testified was her friend, and was very concerned about her because she was under a lot of stress. She was not sleeping very well and she talked about this problem all of the time. It was hard for her to focus on her work and to do her job.\u201d \u00b6 38. Additional testimony as to the effects of the defendants' actions on Williams's mental and emotional well-being came from Williams's son, Heath, and her husband, David Greenwell. Heath Williams testified, \u201c[Williams] was unbearably stressed out already. During the course of the summer \u2024 it really felt like, it was like being under siege if you can understand \u2024 there were telephone calls and everything. It just seemed constant, you know \u2024 [t]here didsn't seem to be any end to the harassment that was going on. And of course she was afraid most of the time.\u201d David Greenwell testified: Well, to be specific, she suffered a tremendous trauma, but it is exhibited in her behavior in the need of having a safe environment, a person around her who could give her security\u2024 So it would reinforce a sense of a lost safety and security in her. She suffered tremendous insomina [sic], clinched hands, but in the household itself, like telephone ringing, knock on the door, or just going outside call it hypervigilance, being aware of her surroundings, making sure that she is safe or feels safe. 2/22/25, 6:49 v (2004) \| FindLaw 13/26 \u00b6 39. Under these facts, if they are accepted and believed by a properly instructed jury, we find mental anguish and emotional distress for the breach of contract to be both foreseeable and recoverable. However, Williams's right to recover damages from for mental anguish and emotional distress springs only from the breach of contract, not from the tortious conduct of Stamper. \u00b6 40. There is a fine line between Stamper's objective wrongful conduct and his subjective impact on the entire academic climate or environment of which he was an integral part. Thus, upon retrial, the jury must be carefully instructed to separate any mental anguish and emotional distress caused by Stamper's assault and unauthorized tortious conduct, and award damages, if any, for mental anguish and emotional distress only for the breach of contract, that is, only for Williams's denied opportunity to receive her doctorate. III. Denial of re: Mississippi Tort Claims Act \u00b6 41 and the professors also moved for judgment notwithstanding the verdict arguing that the Mississippi Tort Claims Act, Miss.Code Ann. \u00a7 11-46-7(1) et seq., provides that the is the exclusive remedy for the damages sought by Williams, which clearly sound in tort. They argue that the proper vehicle for the relief sought by Williams against and the professors is the MTCA. Their primary argument was that the trial by jury, which was in contravention of the plain language of the statute, was manifest error. Citing Miss.Code Ann. \u00a7 11-46-13(1 argued: trial of any and all torts is to the bench and not a jury. The waiver of immunity by the Legislature contains certain limitations, including the requirement that the Court be the finder of fact. Failure to comply with the statute destroys the Court's jurisdiction in this matter. The jury in this case heard and considered evidence that dealt exclusively with torts such as trauma, assault, sexual harassment, trespass, emotional distress, harassing telephone calls, and other such claims\u2024 \u00b6 42. The record clearly reflects that the parties considered separating the jury issues: namely, the \u00a7 1983 claim and the contract claim, from the tort claims. Just how they planned to accomplish this is anything but clear. According to USM: \u201cWhile there was much discussion among the lawyers and the Circuit Judge regarding the proper procedure for handling this case, the record is not clear in this regard.\u201d Williams's attorney, in response to USM's motion for directed verdict, stated: \u201c[T]he issues are not for the jury as his Honor is aware. In my personal experience in other jurisdictions, the Court often takes those under advisement and simply addresses those later\u2024\u201d Later, in response to USM's motion for judgment notwithstanding the verdict, Williams stated: It is also inappropriate and highly inaccurate for the Defendants to contend that the Mississippi Tort Claims Act (MTCA) had any bearing on the jury's verdict since no torts were presented to the jury. It was announced by Plaintiff's counsel in open court, in Chambers to the court and to counsel opposite, 2/22/25, 6:49 v (2004) \| FindLaw 14/26 and to counsel opposite personally that the Court, not the Jury, would be addressing the tort issues\u2024 The Court will, in due course, resolve all issues regarding tort relief if any. \u00b6 43. Notwithstanding this pronouncement, tort claims were clearly before the jury, and the circuit court gave the following instruction: Among the elements of injury and harm for which compensation may be awarded are: emotional harm, if any, to Davida Williams during and after the damages received, including emotional distress, humiliation, personal indignity, embarrassment, fear, anxiety, and/or anguish which Davida Williams suffered\u2024 Thereafter, the jury returned a general verdict in favor of Williams in the sum of $800,000 \u201cactual damages.\u201d Obviously, the circuit court did not \u201cin due course resolve all issues regarding tort relief,\u201d but rather simply entered a final judgment based entirely on the jury's general verdict. \u00b6 44. While and the professors, in their answer, properly raised the affirmative defense that the was the exclusive remedy for the harms alleged by Williams, they did not seek pre-trial adjudication of that issue. They readily submitted jury instructions yet in their post-trial arguments rely primarily on the jury issue. \u00b6 45. Our review of the record reveals that there was a total absence of any effort or intent on behalf of Williams to comply with the Mississippi Tort Claims Act. No notice of claim as required by Section 11- 46-11 was ever filed. Thus, the statute of limitations has long since run, and any recovery under the tort claims act is barred. We again emphasize that the decision to totally ignore pursuit of a Mississippi Tort Claims Act suit and to opt instead to pursue a contractual or other claim of recovery for damages, is appropriate only in rare circumstances. If the plaintiff so chooses and is unable to meet the stringent requirements for recovery on other theories, the decision may result in no damages awarded to the plaintiff. IV. Remittitur or Remand \u00b6 46 asks for a remittitur to the $50,000 damage cap which would be the maximum available had this matter been tried under the Tort Claims Act, or in the alternative, a new trial. After considering both options, we conclude that the damages awarded were too speculative based upon the evidence presented at trial. When the focus is on a monetary remedy, that remedy must be such that the breaching party is not charged beyond the trouble the breach caused. Frierson v. Delta Outdoor, Inc., 794 So.2d 220, 225 (Miss.2001) (citing Wall v. Swilley, 562 So.2d 1252, 1256 (Miss.1990)). The law limits speculation and conjecture and imposes duties of mitigation to the injured party. Id. Specifically, damages may only be recovered when the evidence presented at trial \u201cremoves their quantum from the 2/22/25, 6:49 v (2004) \| FindLaw 15/26 realm of speculation and conjecture and transports it through the twilight zone and into the daylight of reasonable certainty.\u201d Id. \u00b6 47. We hold that there was a valid contract between and Williams and that breached the contract and is, therefore, liable for damages arising from that breach. However, the damages awarded at trial were too speculative, and the evidence insufficient to be relied upon as proof for such damages \u00b6 48. We conclude that the circuit court should have granted USM's motion for regarding Williams's \u00a7 1983 claim and regarding the applicability of the Mississippi Tort Claims Act. We affirm the trial court's denial of USM's motion for regarding Williams's contract claim. We reverse the judgment awarding damages, and we remand this case for a new trial consistent with this opinion and limited to the sole issue of Williams's damages arising from USM's breach of contract. \u00b6 49 PART. \u00b6 50 agree with the majority regarding the dismissal of the 42 U.S.C. \u00a7 1983 claim and that recovery under the Mississippi Torts Claims Act, Miss.Code Ann. \u00a7\u00a7 11-46-1 to 11-46-23 (Rev.2002 & Supp.2004), is barred also agree that Williams does have a cause of action for breach of contract and mental anguish resulting from the breach. However disagree with the result the majority reaches would reverse and remand for a new trial on both liability and damages on the breach of contract claim. Therefore respectfully dissent in part. \u00b6 51. The damages awarded in this convoluted trial, as the majority points out, were too speculative based upon the evidence presented at trial. However, the majority reverses and remands for a new trial only on the issue of damages. The majority fails to recognize that this damage award clearly evinces bias and prejudice on the part of the jury. In my view, allowing evidence of the torts associated with the Mississippi Torts Claim Act infected the entire trial. This Court cannot reasonably ascertain whether the jury found actual liability or was prejudiced by the introduction of the torts that should never have been brought before the jury because they were barred under the Mississippi Torts Claim Act. The result would have been vastly different had the jury only been allowed to consider the breach of contract issue and the torts associated with the mental anguish resulting from the breach. \u00b6 52. In my separate opinion in Gamble v. Dollar General Corp., 852 So.2d 5, 21 (Miss.2003) (Smith, P.J., concurring in part and dissenting in part concluded that the damage was already done because the extensive prejudicial and irrelevant evidence was already placed before the jury, and would have reversed and remanded for a new trial on the issue of liability and damages. This is the same situation in the case sub judice. The trial judge allowed all of the issues to be tried together, and this improper evidence clearly influenced the jury as shown by the amount of damages the jury awarded to Williams. 2/22/25, 6:49 v (2004) \| FindLaw 16/26 \u00b6 53. In Gamble cited a Third Circuit case which held that evidence submitted on one claim can have an improper effect on another claim. Rush v. Scott Specialty Gases, Inc., 113 F.3d 476 (3d Cir.1997). In that case the district court found that Rush's failure to promote and train claim was not time barred. Id. at 483. The Third Circuit reversed the district court finding that the failure to promote and train claim was time barred and the introduction of evidence with respect to this claim infected the entire trial. Id. at 480. It held that \u201cthe presence of the failure to promote and train claim and the introduction of evidence related to and supporting that claim infected the jury's liability verdicts on the sexual harassment and constructive discharge claims as well as the verdict for the damages.\u201d Id. at 485. \u00b6 54. As the majority correctly points out, the tort claims under the Mississippi Torts Claim Act are barred. It is obvious from the record that both the plaintiff and defendants treated this case as a Tort Claims Act case and proceeded to trial with the understanding that the trial judge would ultimately decide the Tort Claims Act issue separate from the jury. However, evidence of those torts was wrongly brought before the jury. In my view, the admission of this evidence infected the entire trial as to both liability and damages. As the court in Rush held and as stated in my separate opinion in Gamble, the introduction of the evidence relating to the claim infected the jury's liability verdict as well as the verdict for damages. It is also not possible to ascertain what portions of the damages were attributable to the time-barred torts claim. Furthermore am unable to find that the evidence of the time-barred torts action did not affect the jury's verdict on liability as to the other claims would therefore reverse and remand for a new trial on both liability and damages on the breach of contract claim. \u00b6 55. For these reasons respectfully concur in part and dissent in part. \u00b6 56 respectfully concur in part and dissent in part with the majority's opinion today. \u00b6 57. In the second issue entitled as the \u201cdenial of re: Williams's contact claim\u201d the majority addresses a breach of contract claim and whether a plaintiff can recover for mental anguish and emotional distress. Indeed, the majority finds that, despite conflicting testimony, \u201cthere is sufficient evidence that and its employees breached the duty of good faith and fair dealing in their relationship with Williams.\u201d The majority also holds that \u201c[t]here is evidence that and its employees knowingly conducted themselves in ways which violated standards of decency, fairness, and reasonableness agree. \u00b6 58. The majority attempts to clarify the emotional distress issue for breach of contract actions. While the majority found that a claim for mental anguish and emotional distress for the breach of contract to be both foreseeable and recoverable, the majority found that Williams could only recover damages from for breach of contract and not the tortious conduct of Stamper. \u00b6 59. Arguably, the majority is correct in determining that is not responsible for the initial assault by Stamper. However, in order for a jury to have a clear understanding of the full scope of breach of 2/22/25, 6:49 v (2004) \| FindLaw 17/26 contract and the mental anguish and emotional distress issues believe that the jury is entitled to hear about the tortious act. Otherwise, the jury will not have an understanding of the foundation of Williams's claims. The majority alludes to carefully constructed jury instructions. This suggestion is not without merit. However am concerned that the jury needs full knowledge of the tortious actions of Stamper and other staff, in order to make a properly informed decision on the breach of contract and mental anguish and emotional distress issues as pertain to any potential liability on the part of USM. \u00b6 60 was put on notice numerous times concerning the actions of its employees, Stamper and others did nothing to stop the actions of its staff from impeding Williams in her pursuit of a Ph had knowledge of its staff's actions which ultimately hindered Williams from receiving her diploma and refused to protect and assist its student in completing her education despite knowing the actions of its staff allowed its staff to continue to act in an inappropriate, unprofessional manner toward its student and therefore acquiesced to staff behavior to the detriment of its student. \u00b6 61. Here, Williams testified that she complained to Dean Harper and to the English Department Chair Wheeler concerning Stamper's actions. Indeed, Williams notified on a number of occasions that she was having problems with staff. These actions would consequently affect her ability to receive her diploma. Williams claimed that Stamper went to her home to discuss dissertation revisions in August or September 1990 and also assaulted her. Williams promptly reported the incident to Dean Harper, the Dean of the College of Liberal Arts and Dr. Wheeler. Thus was on notice of the actions of Stamper that ultimately interfered with the receipt of her diploma. Part of an agreement was to remove Stamper from her dissertation committee. However, Stamper later testified that he was not notified of his removal from her committee. Another professor testified that never notified him that he was now on Williams's committee. \u00b6 62. In May 1991, Williams again notified Dean Harper of another staff's inappropriate behavior and informed him of Stamper's continued unwanted contacts. In December 1995, Williams yet again sent a letter to Dean Harper informing him that she was still being harassed and asking for his assistance. In January 1996, a graduate director responded to Williams's concerns expressing sympathy but providing no assistance or resolution for Williams's complaints. Further, Williams attempted to contact McCraw, the newly assigned dissertation chair, for four years without any response. Williams finally had a meeting with personnel failed to follow-up on the meeting. Following this, Williams requested a status report and received no response. Therefore, she filed suit. \u00b6 63. Again, it is arguable that had nothing to do with the initial assault by Stamper. However, the above facts demonstrate that Williams promptly placed on notice of Stamper's actions. It is disputed as to whether Williams told official of an \u201cassault\u201d or merely inappropriate behavior. Nevertheless had almost immediate notice of these actions. Once had notice of these actions, including continued actions by Stamper and subsequent actions by various other staff 2/22/25, 6:49 v (2004) \| FindLaw 18/26 members did nothing to assist Williams with these hindrances and obstacles to her diploma. While carefully constructed jury instructions may be warranted, the jury also has to have an opportunity to truly appreciate the nature of the actions or lack there of by in confronting the problems Williams faced and her eventual inability to obtain her diploma. \u00b6 64. USM's indifference to the adverse conduct towards Williams sends a terrible message to all women on every college campus had a duty to protect all of its students and staff, regardless of gender or position. Discrimination and harassment by staff towards a student cannot be tolerated. USM's actions or lack of action in this case has made Williams a victim would affirm the denial of the JNOV. In addition would remand to the trial court on the issue of damages and allow the jury to hear the complete facts, including the tortious acts of Stamper, in order for the jury to have a thorough understanding of Williams's basis for her breach of contract claim. For the above reasons must respectfully concur in part and dissent in part 1. Dr. Harry McCraw died soon after the suit was filed, and prior to trial, his estate was dismissed. 2. Dr. Rex Stamper was the committee chair and is from time to time in the record referred to as chair, major professor, or dissertation director. Members of the initial committee were Drs. David Wheeler, Harry McCraw, Thomas Richardson, and Kenneth Watson. There was testimony from Dr. Wheeler that there may be two committees involved in the doctoral process, the exam committee to evaluate the exam and a different dissertation committee. He then went on to say that Williams had a doctoral committee, and whether this was her dissertation committee or not, he didn't know. There is no reference in the record to indicate a different \u201cexam committee\u201d, and it appears that the terms \u201cdoctoral committee\u201d and \u201cdissertation committee\u201d are used interchangeably. There apparently was an initial dissertation committee as stated immediately above, and at some time after the September 1990 meeting at which Williams voiced her complaints and asked for a new chair of the committee, Dr. Anne Wallace was added, and Dr. McCraw was named the new chair or director. Dr. Will Lyddon, who was requested by Williams, was never added, and the second rejection of the dissertation was approved by Drs. McCraw, Wallace and Watson only.Drs. Richardson and Wallace were the only two witnesses called to testify on behalf of and the professors. Both of them denied being on Williams's dissertation committee, although contradictory evidence is also found in the record. 3 (All But Dissertation) is a common designation used for doctoral students who have completed all requirements but the completion and defense of their dissertation. 4. According to testimony by Dr. Wheeler, infra, the designation Eng 898 appears on the transcript of a student who is \u201cactively working on a dissertation.\u201d It appears on Williams's transcript only in the spring and fall of 1987. There is no testimony which indicates that the absence of such transcript designation 2/22/25, 6:49 v (2004) \| FindLaw 19/26 means or implies that a student is not working on the dissertation. There were tuition costs involved when the enrollment designation was shown, and none thereafter. 5. Williams's account of the assault was that Stamper just appeared at her door, and she was stunned. He had her dissertation in his hand and said that he had read it that weekend. As she put it didn't say anything because now I'm like totally distrustful. And he just came on in didn't invite him and he just came on through the door. He's aggressive in that way.\u201d She said she was upset and scared but confronted him with what she had been told by Jessie Stevens, a staff person in the English department: \u201c \u2018[A]fter you promising me that you are, after three years now, that you're going to get me defended this semester, she just told me you're not even going to be on campus, that you're taking sabbatical leave.\u2019 And he just laughed and said, \u2018well don't worry about it; we'll have plenty of time; we'll have lots of fun.\u2019 And at that time he pushed me \u2024 backwards on top of the glass table \u2024 and he was on top of me and running his hands all over me, my private parts, and he seemed to be enjoying it immensely, and he said \u2024'[d]on't worry about your doctorate \u2024 because when sign off on your dissertation, the rest of the committee members will do what tell them.' \u201d Williams explained that she was able to get away from Stamper was hysterical, and was screaming at the top of my lungs, get out of here, get out of here, and he left.\u201d He also implied \u201cno sex, no dissertation, no Ph.D.,\u201d according to Williams.Stamper admitted going to Williams's home, but testified that \u201cher recollection of that event and my recollection are totally separate.\u201d He acknowledged that he had gone to her home some 25 to 30 times over a six-year period and admitted that he remembered having sexual intercourse with her in her home on four occasions \u201cbetween 1985 through 1986 had no relations with her from \u203287, \u203288 and further.\u201d 6. The record does not reflect that the unspecified injunctive relief pled by Williams would include that her current dissertation be approved, or even that she is asking to continue in the doctoral program. She primarily seeks monetary damages for the harm which has been done. 7. Jury Instruction P-10 provided the elements of damages, as follows:In fixing compensatory damages you should determine the amount of money which will, in your judgment, reasonably and fairly compensate for any harm of any kind which was proximately caused by the wrongful conduct of the Defendants. Among the elements of injury and harm for which compensation may be awarded are:A. Emotional harm, if any, to during and after the damages received, including emotional distress, humiliation, personal indignity, embarrassment, fear, anxiety, and/or anguish which suffered;B. Money lost;C. contractual losses, if any, that she should be awarded, and this award should place her in as good a position as she would have been if she had not been subjected to the breach of contract.No objection to this instruction was made by counsel for the defendants. 2/22/25, 6:49 v (2004) \| FindLaw 20/26 8. The plaintiffs received death threats from an armed man who shot at their vehicle, handcuffed them, and took them prisoner. COBB, Presiding Justice, for the Court PARTICIPATING. 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, 6:49 v (2004) \| FindLaw 21/26 v (2004) Docket No: No. 2003-CA-00190-SCT. Decided: November 10, 2004 Court: Supreme Court of Mississippi. 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, 6:49 v (2004) \| 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, 6:49 v (2004) \| 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, 6:49 v (2004) \| 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, 6:49 v (2004) \| FindLaw 25/26 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 6:49 v (2004) \| FindLaw 26/26", "7824_102.pdf": "37\u00b0 Moselle \uf0c9 Home News Watch Live settlement was reached in Forrest County Circuit Court today for the damages phase of a four-year-old sexual harassment lawsuit against The University of Southern Mississippi. The terms and the amount of the settlement between Southern Miss and Davida Williams were confidential. The agreement was reached two days into the trial. Williams was awarded $800,000 in August 2002 in damages after a jury found that Rex Stamper -- a former English professor at the school -- sexually harassed her. The jury also found that university officials retaliated by preventing Williams from getting her Ph.D. after she reported Stamper's actions. The Mississippi Supreme Court upheld the verdict in November 2004, but ordered a new jury trial to determine damages. The ordeal started for Williams when she entered Southern Miss' doctoral program in 1985. She says she wants to put the \"inhumane treatment\" behind her. Attorney Alan Purdie says Southern Miss officials are satisfied with the settlement. Settlement Reached In Southern Miss Sexual Harassment Suit Published: Mar. 8, 2006 at 11:43 \| Updated: Mar. 20, 2006 at 8:22 Techno Mag \| Sponsored All Channels for Only $49 (Buy Now) Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 (Take Look) Search Now Villas in Dubai \| Search Ads \| Sponsored Villas For Sale in Dubai Might Surprise You Get Deals Jobs Online \| Search Ads \| Sponsored Do you speak English? Work Job From Home In Pakistan 2/22/25, 6:50 Settlement Reached In Southern Miss Sexual Harassment Suit 1/5 Luxury Sofa \| Search ads \| Sponsored Laser Cutting Machines \| Sponsored Top 10 Best Laser Cutting Machines 2024 (See Prices) Search Now Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices Luxury Jewelry \| Sponsored Unsold Fridges \| Search Ads \| Sponsored Pakistan: Jewelry On Sale For Half Price (See Price List) Kitchen Remodeling \| Search Ads \| Sponsored Here Are The New Kitchen Trends In Punjab (Click To See) Search Now Dera Bakha: Unsold Fridges Are Being Sold For Almost Nothing Former school superintendent in Mississippi accused of killing his wife Woman gunned down in parking lot in broad daylight was victim of murder-for-hire plot, police say Pets & Humor \| Sponsored SearchPad \| Sponsored 11 Dogs That Have No Idea How Big They Are Washing Machine \| Search Ads \| Sponsored Dera Bakha: Unsold Washing Machines Are Selling For Almost Nothing! Learn More Book Your Low Priced Cruise (See Offers) Truck Driving Jobs \| Search Ads \| Sponsored Search \| Solar Panels \| Sponsored Truck Driver's Salary in the Canada Might Surprise You Therapy Search Ads \| Sponsored These Are The Best Breast Therapy From Punjab Price Might Surprise You Click Here Are you from Pakistan? The Prices of Solar Panels Might Surprise You \uf057 2/22/25, 6:50 Settlement Reached In Southern Miss Sexual Harassment Suit 2/5 Most Read \uf144 Injury reported in 18-wheeler crash on Highway 49 \uf144 Search begins for stolen Ford F-150, suspect in Lamar County, sheriff says Conviction, sentence upheld of former man convicted of sexual crimes with minor \uf057 2/22/25, 6:50 Settlement Reached In Southern Miss Sexual Harassment Suit 3/5 \uf144 19-year-old realtor, business owner running for mayor of Columbia \uf144 Mississippi Driver Service Bureau locations closed statewide \uf144 USM\u2019s Roy Howard Community Journalism Center preparing students for career in media storytelling \uf144 U.S. Forest Service to conduct prescribed burn in Wayne County Friday Mississippi coroner raises money for family of woman killed while walking to work \uf057 Terms of Service Privacy Policy Public Inspection File [email protected] - 601-544-4730 Report Applications 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 2362 U.S. Hwy 11 Moselle Moselle 39459 (601) 544-4730 2/22/25, 6:50 Settlement Reached In Southern Miss Sexual Harassment Suit 4/5 \uf057 2/22/25, 6:50 Settlement Reached In Southern Miss Sexual Harassment Suit 5/5", "7824_103.pdf": "v (2005) Court of Appeals of Mississippi d/b/a and Tom MacArthur, Appellants/Cross-Appellees v. Rebecca ALLEN, Appellee/Cross-Appellant. No. 2003-CA-00192-COA. Decided: October 25, 2005 BANC. Henry Laird, Susan Fahey Desmond, Gulfport, attorneys for appellants. John M. Harral, Gulfport, attorney for appellee \u00b6 1. The appellee's motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. \u00b6 2. Rebecca Allen sued Morris Newspaper Corporation and Tom MacArthur in the Circuit Court of Harrison County for defamation, intentional infliction of emotional distress and breach of an employment contract, including breach of the implied covenant of good faith and fair dealing. At the close of Allen's case, the court directed verdicts on Allen's claims for defamation and intentional infliction of emotional distress, leaving solely the breach of contract claim before the court. The jury returned a verdict for Allen in the amount of $227,000. Morris and MacArthur appeal, arguing that the trial court erred by allowing Allen to recover damages for mental anguish, by denying three of the defendants' motions in limine, by failing to grant a and by awarding post-judgment interest at the \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:50 v (2005) \| FindLaw 1/26 rate of eight percent. Allen cross-appeals, arguing that the trial court should have allowed the jury to consider punitive damages. \u00b6 3. Finding no error, we affirm \u00b6 4. The following facts were presented at the trial. Rebecca Allen was a news producer at WLOX-TV. She had a lifelong dream to be the anchor of a news program. In the summer of 1998, Allen began discussions with Tom MacArthur, the general manager of WXXV-TV, regarding employment as an anchor at a start-up news program at is a Fox affiliate owned by Morris Newspaper Corporation planned to begin broadcasting its news program in March 1999. In December 1998, MacArthur hired a news director, Tom Russo, and Russo and MacArthur agreed to hire Allen. Russo and MacArthur testified that they thought Allen was right for the job because, though she lacked experience as a full-time anchor, she was familiar with the Mississippi Gulf Coast, was a known radio personality with a morning radio show, would mature as an anchor and would accept a salary within WXXV's budget. Russo and MacArthur were aware that Allen was very excited about being an anchor. \u00b6 5. Russo, MacArthur and Allen orally agreed that Allen was to function at as a news anchor and reporter. However, Allen and MacArthur later signed an employment contract providing that Allen accepted \u201csuch employment \u2024 in such capacity and with such duties as assigned by News Director or his designee.\u201d The contract stated that Allen would be employed for three years and that could terminate Allen \u201cupon thirty days prior notice to Employee for \u2018Cause\u2019 (such Cause being specified therein) as reasonably determined in good faith by the General Manager of the Company.\u201d The contract provided for Allen's salary, totaling $71,000, and clothing allowance for each of the three years. The salary provided by the contract was $6,000 lower than the parties had originally intended paid Allen the $6,000 in a lump sum to allow Allen to buy out her contract with WLOX, thus freeing her to work for a competing television station. \u00b6 6. Allen began work at on February 1, 1999. For the first two or three weeks, Allen and the other employees performed manual labor such as painting and assembling furniture and equipment in order to get the station ready to broadcast the news. Later, Allen completed several reporting projects. WXXV's first news program was scheduled to air on the evening of Monday, March 15. Due to budget constraints had been unable to hire seasoned employees or to obtain the best equipment; consequently experienced a multitude of difficulties in preparing for the live news program. Because of the problems, Russo decided that the first show would be a taped program about the Beau Rivage casino instead of a live show. The Beau Rivage special was taped on March 15 and aired at 10:00 p.m. that night, an hour later than scheduled. Allen was the anchor on that show. 2/22/25, 6:50 v (2005) \| FindLaw 2/26 \u00b6 7. The Beau Rivage special was rife with problems that were apparent from viewing the show. The next day, the station began preparing for the first live news show scheduled for the next Monday. Allen left around 4:00 p.m. because she felt sick and called in sick Wednesday and Thursday. \u00b6 8. On Friday, Russo and MacArthur met with Allen and told her she would no longer be the evening anchor. They demoted her to a reporter position at the same salary. They told her that she might be made an anchor in the future after gaining more experience as a reporter. Robin Uchima, originally hired as a reporter and an anchor for a planned morning show, was named Allen's replacement as the evening anchor. There was testimony that Uchima was a longtime friend of a Fox vice-president that had visited WXXV. Allen spent much of the meeting trying to convince Russo and MacArthur to change their minds about the demotion, but to no avail. \u00b6 9. On Saturday, Allen called MacArthur in an effort to persuade him to change his mind about the demotion; however, he remained steadfast. On Sunday afternoon, Allen told Russo that she would perform the reporting job and would be in the next day. Then on Sunday evening, Allen phoned Russo and told him that she was sick and too physically and emotionally distraught over the loss of the anchor position to come to work for a few days, but that she had three completed reporting projects ready for broadcasting. According to his testimony, Russo told Allen that she was needed at to help prepare for Monday's live broadcast, but he allowed Allen to stay home because she maintained that she was unable to work. \u00b6 10. On Monday morning, Allen performed her morning show on the radio. Russo, MacArthur and other employees heard Allen on the radio. Allen also performed the radio show on Tuesday and Wednesday and remained absent from WXXV. On Thursday, Allen came to work at and was called into a meeting with Russo, MacArthur and Warren Dearman, the assistant news director. They requested that Allen quit, and Allen refused. Allen came to the station again on Friday, and MacArthur gave her the choice of resigning by signing a form or being fired. Because the resignation form required Allen to repay the $6,000 which had given her to buy out her contract, Allen refused to sign the form and left the station. She came to the station again on Monday, refused to sign the form and was fired. However, her salary was to continue for the next thirty days. After she was fired, Allen continued to work at the radio station and performed some singing jobs until October 2001, when rehired Allen, this time as a live reporter and full-time weekend anchor. \u00b6 11. Russo testified that his decision to demote Allen was based upon her poor performance during tapings of the Beau Rivage special and upon a practice run with Uchima as the anchor, in which Uchima demonstrated superior performance. Russo and MacArthur testified that Allen had difficulty working with others at the station, was not a \u201cteam player\u201d and that many other employees had made complaints about her behavior. MacArthur testified that Russo talked with Allen about her arriving late in the mornings after her radio show. Russo and MacArthur said that they and other employees were 2/22/25, 6:50 v (2005) \| FindLaw 3/26 incensed that Allen performed her radio program after claiming that she was too distraught to work, leaving the other employees to put on the first live show without her. Russo stated that he wanted to fire Allen because, along with the other problems, when Allen performed the radio show while on sick leave from WXXV, \u201c[s]omething [had] to give.\u201d MacArthur testified that Russo met with him and urged that Allen be fired, and MacArthur agreed. \u00b6 12. Allen maintained that and MacArthur breached the contract by firing her without cause and claimed that her dismissal was based upon ulterior motives. Allen testified that the only reasons MacArthur communicated for the termination were that she was not a team player and that no one liked her. She stated that, at the termination meetings, MacArthur yelled and cursed at her, called her a \u201cprima donna bitch\u201d and \u201cthe Antichrist,\u201d and pounded on his desk. Allen stated that she had performed at her best at WXXV, that no one had ever come to her with criticism and that she had gotten along well with her fellow employees. The employee handbook required that all warnings and reprimands be kept in the employee's file, and no negative comments about Allen's job performance appeared in her file. \u00b6 13. Allen testified that, after she was fired, she called MacArthur because she had not received her final paychecks. MacArthur refused to give her the checks until she signed a form promising to pay Morris the $6,000 Morris had given her to buy out her contract. Allen did not pursue the matter further, and received the checks four months later, after MacArthur left WXXV. MacArthur testified that his secretary called Allen and told her the checks were available but Allen never picked them up. \u00b6 14. Allen speculated that her rejection of MacArthur's improper sexual advances caused her demotion and firing. Allen testified that MacArthur sexually harassed her on several occasions after she began work at WXXV. She stated that MacArthur had made several inappropriate comments about her appearance, had rubbed her back and hugged her and had once put his hand on her leg while making a left turn in a car. She also stated that on one occasion, MacArthur had called her at home and asked her out for drinks. Allen offered evidence that MacArthur had engaged in extramarital affairs with two other employees. MacArthur admitted one such affair but denied that he ever harassed Allen. The jury unanimously found for Allen and awarded her $227,000 in damages \u00b6 15. The statement of the issues below is taken verbatim from Morris's appellate brief THIS. 2/22/25, 6:50 v (2005) \| FindLaw 4/26 EXCESSIVE. \u00b6 16. We have recast Morris's issues regarding emotional distress damages and denial of a into the following issue CONTRACT. \u00b6 17. Allen presented testimony at the trial that she suffered emotional distress as a result of the termination. At the close of Allen's case, Morris moved for a directed verdict on all of Allen's claims. Allen confessed the motion as to her tort claims for defamation and intentional infliction of emotional distress, leaving solely her breach of contract claim before the court. Over Morris's objections, the trial court instructed the jury: Should your verdict be for the plaintiff in this case, you may consider the following factors to determine the amount of compensatory damages to award as may be shown by a preponderance of the evidence: 1. The type of injuries to the plaintiff, if any, and their duration. 2. Past, present mental anguish, if any. 3. Lost salary for the duration of the contract. 4. Other damages incurred by the plaintiff as a result of the breach of the contract. (Emphasis added). The court also instructed the jury that Allen had a duty to mitigate loss of income by seeking other employment and that the jury must \u201creduce any award of damages to [Allen] by that amount of money [Allen] would have earned had she made reasonable efforts to become gainfully 2/22/25, 6:50 v (2005) \| FindLaw 5/26 employed after leaving and those amounts of money she did actually earn by becoming employed after leaving WXXV-TV, up to and until the end of the contract term.\u201d After the verdict, Morris moved for a or a new trial, arguing that Allen could not recover emotional distress damages for the breach of contract. \u00b6 18. Morris correctly argues that the grant of a directed verdict on Allen's intentional infliction of emotional distress claim limited Allen's damages to those arising out of a breach of the employment contract. M.R.C.P. 50 cmt. Morris does not attack the jury's finding that the employment contract was breached. Morris's issues request that this Court determine (1) whether Allen was entitled to claim compensatory damages for mental anguish based upon the breach as a matter of law; (2) whether the jury instruction on mental anguish damages properly stated the law; and (3) whether Allen submitted sufficient evidence to enable her mental anguish claim to go to the jury. A. Whether Allen was entitled as a matter of law to claim compensatory damages for mental anguish based upon the breach. \u00b6 19. Morris argues that the entry of a directed verdict on Allen's tort claim for intentional infliction of emotional distress barred her ability to recover mental anguish damages based only upon the breach of contract. We disagree. Having proceeded solely on her breach of contract claim, Allen was entitled to pursue all damages flowing from the breach. \u00b6 20. Our precedent demonstrates that mental anguish damages may stem from a breach of an employment contract in certain circumstances. The traditional rule in breach of contract cases is that damages for emotional distress cannot be recovered absent proof of an independent intentional tort separate from the breach of contract. Universal Life Ins. Co. v. Veasley, 610 So.2d 290, 295 (Miss.1992). In Morrison v. Means, 680 So.2d 803, 805-06 (Miss.1996), the supreme court held that mental anguish damages were recoverable in a case of breach of a contract for sale of goods upon proof of the elements of the tort of intentional infliction of emotional distress. As there was insufficient evidence to prove intentional infliction of emotional distress, the Morrison court reversed the jury's award of mental anguish damages. Id. at 807. This analysis has been applied to a mental anguish claim arising from an alleged breach of an employment contract. Patrick v. B.C. Rogers Poultry, Inc., 800 So.2d 1218, 1220 (\u00b6 6) (Miss.Ct.App.2001). \u00b6 21. Allen argues that the supreme court has relaxed the standard for recovering mental distress damages for a contract breach.1 She originally cited Universal Life, in which the supreme court allowed recovery for mental anguish resulting from the breach of an insurance contract when the breach was accompanied by negligent conduct and emotional injury was an \u201centirely foreseeable\u201d result of the negligence. Universal Life, 610 So.2d at 295. The case of Southwest Miss. Reg'l Med. Ctr. v. Lawrence, 684 So.2d 1257, 1269 (Miss.1996), involved a breach of an employer's self-insurance agreement. The court stated that the majority view on recovery for emotional distress damages requires (a) an 2/22/25, 6:50 v (2005) \| FindLaw 6/26 intentional or at least grossly negligent tort or (b) negligence accompanied by physical impact. The court recognized that it had issued a series of cases relaxing the majority rule, including Universal Life. Id. The Southwest court stated that \u201c[t]he upshot of these cases in the present rule is a plaintiff may recover for emotional injury proximately resulting from negligent conduct, provided only that the injury was reasonably foreseeable by the defendant.\u201d Id. The viability of the reasonable foreseeability standard was affirmed in Adams v. U.S. Homecrafters, Inc., 744 So.2d 736, 743 (\u00b6 21) (Miss.1999), involving the breach of a homebuilder's warranty. \u00b6 22. The supreme court revisited this issue in American Bankers' Insurance Co. v. Wells, 819 So.2d 1196, 1208-09 (\u00b6\u00b6 40-43) (Miss.2001). The court acknowledged that it had not overruled the line of cases applying the minority view sanctioning recovery for emotional distress based upon reasonable foreseeability. Id. at (\u00b6 41) (citing Southwest, 684 So.2d at 1269; Universal Life, 610 So.2d at 295). The court explained that it had most recently followed the majority view barring recovery for \u201cmental anguish unaccompanied by demonstrable physical or mental injury\u201d unless the defendant's conduct was \u201cmalicious, intentional, willful, wanton, grossly careless, indifferent or reckless.\u201d Id. at (\u00b6\u00b6 40, 43) (citing Summers ex rel. Dawson v. St. Andrew's Episcopal Sch., Inc., 759 So.2d 1203, 1211-12 (\u00b6 34) (Miss.2000)). Then, the court concluded, \u201c[a] plaintiff therefore may not recover emotional distress damages resulting from ordinary negligence, without proving some sort of physical manifestation of injury or demonstrable physical harm.\u201d Id. at (\u00b6 43). \u00b6 23. Such was the state of the law at the time we issued our first opinion in this matter. We held that Morris and MacArthur's conduct, while certainly inappropriate and upsetting, was not sufficiently malicious, intentional, willful, wanton or reckless to support a claim of intentional infliction of emotional distress. However, while Allen's case was before this Court on petition for rehearing, the supreme court revisited the issue of emotional damages in contract cases, stating: We take this opportunity to clarify the burden for recovery of mental anguish and emotional distress in breach of contract actions. Plaintiffs may recover such damages without proof of a physical manifestation. Furthermore, expert testimony showing actual harm to prove mental injury is not always required. However, the plaintiff must show (1) that mental anguish was a foreseeable consequence of the particular breach of contract, and (2) that he or she actually suffered mental anguish. Such generalizations as \u201cit made me feel bad,\u201d or \u201cit upset me\u201d are not sufficient plaintiff must show specific suffering during a specific time frame. These requirements are not different from the requirements to establish physical pain and suffering. University of Southern Mississippi v. Williams, 891 So.2d 160, 172-73 (\u00b6 31) (Miss.2004) (decided November 10, 2004 and rehearing denied January 20, 2005) (footnotes and citations omitted). Further, the Court focused on what it called \u201cthe nature of the incident\u201d: 2/22/25, 6:50 v (2005) \| FindLaw 7/26 Thus, \u201cthe nature of the incident\u201d can be important in two ways. First, understanding the nature of the incident is essential in establishing whether emotional distress is foreseeable. Additionally, in cases where the defendant's conduct is more egregious, the plaintiff's burden of establishing specific proof of suffering will decrease. Nevertheless, the burden is there, and a plaintiff seeking emotional distress damages for a breach of contract must provide more than general declarations of emotional distress. Williams, 891 So.2d at 173 (\u00b6 33). \u00b6 24. Due to the possible effect of Williams, the parties were invited to submit additional arguments on the pending motion for rehearing regarding the effect of the new decision. Allen, in her additional brief, argues that Williams does not require any finding of negligent or intentional infliction of emotional distress and, therefore, the jury instructions were proper. We agree. However, Allen must still satisfy the two Williams factors in order to establish her right to emotional distress damages: First, she must prove that mental anguish was a foreseeable consequence of the breach, and second, she must prove that she actually suffered mental anguish. Williams, 891 So.2d at 173 (\u00b6 31). B. Whether Allen submitted sufficient evidence to enable her mental anguish claim to go to the jury. \u00b6 25. Morris argues that the trial court erroneously denied its motion for a regarding Allen's claim for mental anguish damages motion for a challenges the legal sufficiency of the evidence. Investors Prop. Mgmt., Ltd. v. Watkins, Pitts, Hill & Assoc., 511 So.2d 1379, 1381 (Miss.1987). We review the denial of a by considering all of the evidence in the light most favorable to the party opposed to the motion and giving that party the benefit of all favorable inferences that might be drawn from the evidence Trucking Co. v. Smith, 612 So.2d 1092, 1098 (Miss.1992). If the facts and inferences so considered point so overwhelmingly in favor of the movant that reasonable persons could not have arrived at a contrary verdict, then the motion should be granted. AmSouth Bank v. Gupta, 838 So.2d 205, 211 (\u00b6 12) (Miss.2002). But, if there is substantial evidence supporting the verdict, this Court must affirm. Id. \u00b6 26. In accordance with Williams, Allen must show that mental anguish was a foreseeable consequence of the particular breach of contract, and that she actually suffered mental anguish as a result of the breach. Williams, 891 So.2d at 173 (\u00b6 31). Allen contends that it was reasonably foreseeable that the wrongful termination would cause her severe emotional distress given Morris and MacArthur's knowledge of her strong desire to work as an anchor. Allen contends that there was sufficient evidence showing that Morris and MacArthur's conduct surrounding the wrongful termination was egregious, further demonstrating the foreseeability of mental anguish. Allen cites MacArthur's angry cursing and name-calling at the termination meetings as evidence of outrageous behavior. Allen also argues that MacArthur's withholding of her paychecks until she paid Morris the contract buyout sum of $6,000 was outrageous conduct supporting an award of emotional distress damages. 2/22/25, 6:50 v (2005) \| FindLaw 8/26 \u00b6 27. Allen testified that, after the firing, she was disheartened and she experienced a long period of depression. She lost weight, had an upset stomach and had difficulty sleeping through the night. She resumed smoking cigarettes. She was stressed over the loss of income, and felt embarrassed and fearful over the prospect of seeking another anchor job and having to admit she was fired. Allen's former roommate testified that for over a year Allen went through \u201can extreme state of depression and shock\u201d after the firing, and that she cut herself off from everyone except her family. Allen's husband, Ben Powers, who was then her fiance, testified that Allen was depressed for four to five months after she was fired. Powers stated that for eight to nine months afterward, when Allen was not doing her radio show, she would lock herself in her room watching television with the lights off. \u00b6 28. It is this Court's opinion that Allen satisfied the Williams requirements of foreseeability and actual mental anguish. Thus, taking the above testimony into consideration, we cannot say that the facts and inferences weigh so favorably in favor of the defendants that reasonable jurors could not have arrived at a contrary verdict. The evidence offered by Allen could convince reasonable jurors that she suffered compensable mental distress.2 We therefore find that the trial court properly denied Morris's motion for JNOV. \u00b6 29. The dissent suggests that the jury was not properly instructed because it was never explicitly told to limit the amount of damages awarded to Allen to those caused by the breach of contract. However, given the opportunity to address the effect of Williams on the present case, the appellants never raised this issue. Regardless, we will address the point briefly. Instruction P-7, given by the court, stated in part: If you find from the preponderance of the evidence in this case that the plaintiff has sustained actual damage as a proximate result of a breach of the contract, then the plaintiff is entitled to a verdict in an amount which will reasonably compensate the plaintiff for her loss sustained. (Emphasis added). This instruction clearly informed the jury that it was to limit its award to those damages proximately caused by the breach of contract. Furthermore, because the trial court granted directed verdicts against Allen on her defamation and intentional infliction of emotional distress claims, the only claim before the jury was for breach of contract; the jury had no other compensable wrong before it. Taking these facts into consideration, we see no grounds for holding that the jury was not properly instructed LIMINE. \u00b6 30. Morris appeals from the trial court's denial of three of its motions in limine. We review the trial court's admission or exclusion of evidence for abuse of discretion. Terrain Enterprises, Inc. v. Mockbee, 654 So.2d 1122, 1131 (Miss.1995). If the lower court applied the correct legal standard, we will affirm if 2/22/25, 6:50 v (2005) \| FindLaw 9/26 the decision was \u201cone of several reasonable ones which could have been made.\u201d Pierce v. Heritage Properties, Inc., 688 So.2d 1385, 1388 (Miss.1997). Even if the lower court's decision was incorrect, we will not reverse unless the error affected a substantial right of a party. M.R.E. 103(a). A. Motion to exclude evidence of Allen's competence as a news anchor subsequent to her termination from WXXV. \u00b6 31. Several witnesses who worked with Allen at testified that she was a competent news anchor both before she left to go to and after she resumed work at in October 2001. Morris argues that the trial court should have excluded this testimony under Mississippi Rule of Evidence 403 because it was more prejudicial than probative. Morris contends that the evidence was irrelevant and unduly prejudicial because it related to Allen's performance after leaving WXXV. Morris also complains that the testimony was prejudicial because it was delivered by news anchors who were well-known on the Mississippi Gulf Coast and probably regarded by the jurors as worthy of elevated respect. \u00b6 32. Evidence is relevant when it has \u201cany tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.\u201d M.R.E. 401. Mississippi Rule of Evidence 403 provides that evidence, though relevant, may be excluded \u201cif 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.\u201d On appellate review, this Court does not \u201cengage anew in the 403 balancing process,\u201d but limits its inquiry to whether or not the trial court \u201cabused its discretion in weighing the factors and admitting or excluding the evidence.\u201d Gen. Motors Corp. v. Jackson, 636 So.2d 310, 314 (Miss.1992). \u00b6 33. Allen offered the evidence of her competence at both before and after she worked at to show continuity in the high quality of her job performance. At the motion hearing, Morris argued that the evidence was irrelevant because time had elapsed between Allen's departure from and her return to WLOX. Morris argued the evidence was highly prejudicial because it could mislead the jury into thinking that Allen performed just as well at as she did after gaining experience as a weekend anchor at WLOX. The trial court rejected this argument, holding that the evidence was relevant to show the continuity of Allen's job performance and not unduly prejudicial because its weight and credibility could be thoroughly attacked on cross-examination. \u00b6 34. We find that the trial court's admission of the evidence of Allen's subsequent job performance was not an abuse of discretion. The evidence was relevant because it tended to disprove Morris's contention that Allen performed poorly at and that she was fired for cause. The trial court acted well within its discretion in finding that the testimony about Allen's subsequent performance at was fertile ground for cross-examination. Further, because Morris admitted that the other 2/22/25, 6:50 v (2005) \| FindLaw 10/26 anchors could testify about Allen's work at before she went to WXXV, the status of the anchors in the community is not a legitimate ground for objecting to their testimony about her subsequent performance at WLOX. This issue is without merit. B. Motion to exclude evidence of MacArthur's sexual or romantic conduct. \u00b6 35. Morris moved to exclude the evidence of MacArthur's affairs and his sexual and romantic conduct. The main thrust of Allen's case was that she was a competent anchor and that the real reason she was terminated was that she rejected MacArthur's sexual advances. The court found that the evidence was relevant to show the motive for Allen's termination and admitted the evidence pursuant to Mississippi Rule of Evidence 404(b). On appeal, Morris does not contest the trial court's Rule 404(b) ruling, but argues that the evidence was irrelevant because Allen failed to file a sexual harassment suit after receiving a right to sue letter from the Equal Employment Opportunity Commission, or because Russo was wholly responsible for Allen's firing and demotion. Morris also avers that the evidence was more prejudicial than probative under Mississippi Rule of Evidence 403. \u00b6 36. Morris's relevance argument is without merit. Allen's failure to pursue a sexual harassment lawsuit attacking MacArthur's behavior does not moot the relevance of that behavior in her wrongful termination suit. This is because Allen alleged her rejection of MacArthur's sexually harassing behavior as the motive for her termination. The evidence of his sexual and romantic conduct toward Allen and others was certainly relevant to show that MacArthur had an impermissible motive for the firing. \u00b6 37. Morris also argues that the evidence was irrelevant because the evidence showed that Russo, not MacArthur, was entirely responsible for terminating Allen. That contention does not comport with the evidence presented at the trial. Russo testified that he merely recommended Allen's termination to MacArthur. MacArthur testified that he and Russo made the decision to terminate Allen, and that he, MacArthur, wanted Allen to be fired. Because a fact question existed as to MacArthur's level of involvement in the termination decision, the evidence of his sexual and romantic conduct was relevant to show his possible wrongful motive for firing Allen. \u00b6 38. The trial court did not perform an on-the-record balancing of prejudice and probative value of the sexual conduct evidence under Rule 403. As discussed above, the evidence of MacArthur's sexual conduct was especially probative because it tended to show MacArthur's motive for the wrongful termination, and the main thrust of Allen's case was that she was fired for reasons other than those stated by Morris. \u201cThe more probative the evidence is, the less likely it is that a 403 factor will be of sufficient consequence to substantially outweigh the probative value\u2024\u201d Miss. Power & Light Co. v. Lumpkin, 725 So.2d 721, 732 (\u00b6 55) (Miss.1998). The trial court's ruling was certainly within its discretion, and we affirm the admission of the evidence of MacArthur's sexual and romantic conduct. C. Motion to exclude evidence of the reason for MacArthur's termination by WXXV. 2/22/25, 6:50 v (2005) \| FindLaw 11/26 \u00b6 39 terminated MacArthur in July 1999 for financial improprieties and faulty record keeping. Morris moved to exclude evidence of the reasons MacArthur was fired. The court granted the motion in part and overruled the motion in part, allowing Allen to explore the grounds for MacArthur's separation from only if MacArthur testified about his credentials to evaluate Allen's competency and his decision to terminate Allen based on the evaluation. On direct examination, Morris elicited testimony from MacArthur about the reasons he was fired. MacArthur's testimony indicated that his termination was based upon relatively minor mistakes. On cross-examination, Allen questioned MacArthur about the truthfulness of his explanation for the termination. Morris did not contemporaneously object to this line of questioning. \u00b6 40. Morris elicited the very testimony on direct examination which it had sought to exclude via the motion in limine. Morris's elicitation of the testimony waived its standing objection, and opened the door to Allen's cross-examination on the same subject. Cheeks v. State, 843 So.2d 87, 91 (\u00b6 9) (Miss.Ct.App.2003). If any valid argument existed supporting Morris's position, that argument was waived by Morris's failure to contemporaneously object to the cross-examination. Id. Thus, Morris cannot now be heard to complain, and this issue is without merit EXCESSIVE. \u00b6 41. The trial court requested suggestions from the parties for an appropriate rate for post- judgment interest. Morris submitted a letter proposing rates charged by federal courts and commercial lenders equal to or less than 4.75 percent. In its order overruling Morris's post-trial motions, the trial court imposed post-judgment interest at a rate of eight percent. Morris argues that eight percent is too high considering rates charged by the federal courts and commercial lenders. \u00b6 42. Mississippi Code Annotated section 75-17-7 (Rev.2000) states that \u201c[a]ll judgments or decrees founded on any sale or contract shall bear interest at the same rate as the contract evidencing the debt on which the judgment or decree was rendered. All other judgments or decrees shall bear interest at a per annum rate set by the judge hearing the complaint from a date determined by such judge to be fair but in no event prior to the filing of the complaint former version of section 75-17-7 provided that \u201c[a]ll other judgments and decrees shall bear interest at the rate of eight percentum (8%) per annum.\u201d Preferred Risk Mut. Ins. Co. v. Johnson, 730 So.2d 574, 580 (\u00b6 31) (Miss.1998) (citing Miss.Code Ann. \u00a7 75-17-7 (1975)). In Preferred Risk, the trial court imposed a post-judgment interest rate of eight percent under the revised statute. Id. at (\u00b6 31). The supreme court held that the trial court acted within its discretion in ordering the eight percent interest rate. Id. As in Preferred Risk, in this case the lower court was within its discretion in imposing the eight percent post-judgment interest rate pursuant to the revised section 75-17-7 2/22/25, 6:50 v (2005) \| FindLaw 12/26 DAMAGES. \u00b6 43. Allen argues on cross-appeal that the trial court erred by denying her request to submit her claim for punitive damages to the jury. The propriety of punitive damages for breach of contract is governed by the common law. Am. Funeral Assurance Co. v. Hubbs, 700 So.2d 283, 286 (Miss.1997). \u201cIn order for punitive damages to be awarded, the plaintiff must demonstrate a willful or malicious wrong or the gross, reckless disregard for the rights of others.\u201d Paracelsus Health Care Corp. v. Willard, 754 So.2d 437, 442 (\u00b6 20) (Miss.1999). In our former opinion in this case we concluded that Morris's conduct was not sufficiently malicious, intentional, willful, wanton or grossly reckless to support a claim of intentional infliction of emotional distress. While we find that under the clarified Williams burden of proof Allen met the requirements for establishing her right to emotional distress damages, we retain our original opinion that the evidence given is insufficient to support an award of punitive damages. This issue is therefore without merit. \u00b6 44 APPELLANTS. \u00b6 45. In our original opinion in this case, the voting members of this Court unanimously found that Allen had failed to present sufficient evidence to enable her mental anguish claim to go to the jury. Now, relying on the supreme court's clarification of the applicable law in University of Southern Mississippi v. Williams, 891 So.2d 160 (Miss.2004), the majority finds that the trial court properly allowed Allen's mental anguish claim to go to the jury and that the jury instruction on mental anguish was correct. In my opinion, the majority construes Williams's clarification of the law too broadly. Williams did not expressly overrule our precedent concerning mental anguish damages. Based upon Williams and our other precedent believe that mental anguish damages were improper in this case and that the majority's conclusion serves to undermine accepted principles governing damages for breach of contract. Therefore respectfully dissent from the majority's decision to affirm the award of mental anguish damages would reverse and remand for a new trial limited to the issue of Allen's actual damages for breach of contract, excluding damages for mental anguish concur with the majority's resolution of the other issues raised in this appeal. \u00b6 46. Allen's sole theory of recovery in this case was for breach of an employment contract. Usually, contract damages are based on the injured party's expectation interest and seek to give the injured party the benefit of the bargain in the form of a sum of money that will place the party in as good a position as she would have been in had the contract been performed. Theobald v. Nosser, 752 So.2d 1036, 1042 (\u00b6 22) (Miss.1999 wrongfully discharged employee's expectation interest in the employment contract is \u201cthe total amount of the unpaid wages that were promised to h[er]for h[er] service, less the amount that [s]he can earn by making reasonable effort to obtain similar service under another employer.\u201d 2/22/25, 6:50 v (2005) \| FindLaw 13/26 Fuselier, Ott & McKee, P.A. v. Moeller, 507 So.2d 63, 67 (Miss.1987). In no event must a successful lawsuit place the injured party in a better position than she would have been in if the contract had been performed. Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56, 66 (\u00b6 39) (Miss.2004). The injured party is entitled to just and adequate compensation for the breach, but no more. McDaniel Bros. v. Jordy, 195 So.2d 922, 925 (Miss.1967). \u00b6 47. Traditionally, mental anguish damages were not an ordinary component of recovery for a breach of contract because, to obtain such damages, the prevailing party had to prove an independent tort. See Sw. Miss. Reg'l Med. Ctr. v. Lawrence, 684 So.2d 1257, 1269 (Miss.1996). Although the court abandoned that requirement, our analysis of whether emotional distress damages were recoverable for a breach of contract still generally focused on whether the breaching party's conduct was tortious. Morrison v. Means, 680 So.2d 803, 806 (Miss.1996). If the breaching party was guilty of intentional, malicious, willful, wanton or grossly careless conduct, the non-breaching party could recover damages for emotional distress if she proved that emotional distress was a reasonably foreseeable result of the conduct and proved that she actually suffered emotional distress. Adams v. U.S. Homecrafters, Inc., 744 So.2d 736, 742 (\u00b6 17) (Miss.1999). If the breaching party's conduct was merely negligent, the court sometimes required the plaintiff to show that she had suffered some type of demonstrable physical harm in order to recover for emotional distress. Am. Bankers' Ins. Co. of Fla. v. Wells, 819 So.2d 1196 (\u00b6 43) (Miss.2001); Adams, 744 So.2d at 741-43 (\u00b6\u00b6 16-21). The court consistently held that, in cases of intentional or negligent conduct, mental anguish must have been a reasonably foreseeable result of the breach. The court applied this general framework with fair consistency to claims of mental anguish damages, whether the claims were based upon a tort or upon a breach of contract. Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56, 63-66 (\u00b6\u00b6 26-37) (Miss.2004); Am. Bankers' Ins. Co. of Fla., 819 So.2d at 1208-09 (\u00b6\u00b6 40-45); Whitten v. Cox, 799 So.2d 1, 9-13 (\u00b6\u00b6 13-25) (Miss.2000); Adams, 744 So.2d at 741-44 (\u00b6\u00b6 16-22); Morrison, 680 So.2d at 805-07. \u00b6 48. In my view, Williams has not radically altered the law pertaining to mental anguish damages for breach of contract. Williams did specifically withdraw the requirement that a plaintiff show physical injury to recover mental anguish damages for merely negligent conduct attending a breach of contract, which provided an important clarification in light of the court's prior conflicting opinions. See Adams, 744 So.2d at 741-43 (\u00b6\u00b6 16-21). Williams instructs that a plaintiff may recover damages for mental anguish caused by a breach of contract when the plaintiff shows \u201c(1) that mental anguish was a foreseeable consequence of the particular breach of contract, and (2) that he or she actually suffered mental anguish.\u201d Williams, 891 So.2d at 173 (\u00b6 31). In determining whether the plaintiff has met this burden, Williams does not employ the analysis classifying the breaching party's conduct as either intentional or negligent. But, Williams does require an examination of the \u201cnature of the incident\u201d alleged to have caused emotional distress in order to determine both foreseeability and whether the plaintiff actually suffered mental anguish. Id. at 173 (\u00b6 33). Williams provides that, when the incident is \u201cmore egregious,\u201d then less proof of actual mental anguish is required. Id. And, understanding the 2/22/25, 6:50 v (2005) \| FindLaw 14/26 nature of the incident is \u201cessential\u201d to determining whether the emotional distress was foreseeable. Id. Logically, the more egregious the incident alleged to have caused emotional distress, the more likely it is that the emotional distress would have been a foreseeable result of the incident. As an example of a case where less proof of mental suffering was required due to the \u201cmore egregious\u201d nature of the incident, Williams cited Whitten v. Cox, 799 So.2d 1, (\u00b6\u00b6 10-11) (Miss.2000), in which the court found that mental anguish damages were properly awarded to plaintiffs who suffered anxiety and other mental suffering after having been taken prisoner by an armed man who shot their truck and made death threats. Williams stated that, for proof of actual mental anguish to be sufficient, a plaintiff must show more than generalizations such as \u201cit made me feel bad,\u201d or \u201cit upset me.\u201d Id. at 173 (\u00b6 32). Finally, Williams limits the damages recoverable for mental anguish to the mental anguish actually caused by the breach of contract-that anguish engendered by the non-breaching party's failure to receive the benefit of the bargain due to the defendant's actions. Id. at 174 (\u00b6\u00b6 39-40). Recovery is not available for mental anguish caused by tortious conduct accompanying the breach. Id. However, the Williams court considered such tortious conduct in assessing the egregiousness of the breach of contract at issue. Id. at (\u00b6\u00b6 35-36). \u00b6 49. It appears that Williams articulated a simple balancing test focusing on the nature of the incident that, if properly applied, should yield results similar to those reached in our prior cases concerning damages for emotional distress. When the conduct of the party breaching the contract is egregious, it is more probable that the plaintiff will meet her burden of proof and be entitled to a jury instruction on mental anguish damages. Thus, it remains easier for a plaintiff to meet her burden of proof if the breach of contract or attendant conduct was intentional, malicious, willful, wanton, grossly careless and \u201cevokes outrage or revulsion.\u201d See Morrison, 680 So.2d at 806. In those situations, it will be more likely that emotional distress was a reasonably foreseeable result of the incident and that the plaintiff will be able to sufficiently prove that actual mental anguish was caused by the breach of contract. And, in situations in which the breaching party's conduct was less egregious, the plaintiff will shoulder greater difficulty in establishing that she suffered actual mental anguish that was a foreseeable consequence of the particular breach of contract. \u00b6 50. In Williams, the following evidence was deemed sufficient to undergird mental anguish damages. In 1985, Williams enrolled in the English program at the University of Southern Mississippi as a doctoral student. Eleven years later, she sued and several of its employees for breach of the duty of good faith and fair dealing inherent in its agreement to allow her to matriculate as a doctoral student. Williams alleged that and its employees had engaged \u201cin a wrongful and malevolent course of conduct which prevented her from attaining her doctoral degree and caused severe emotional and mental anguish.\u201d At the trial, Williams's academic records established that she had been an exemplary student while enrolled at USM. In 1989, Williams's dissertation committee approved her prospectus, clearing her to complete the research and writing process and then to defend her dissertation before the committee, the final steps to attaining her Ph.D. degree. 2/22/25, 6:50 v (2005) \| FindLaw 15/26 \u00b6 51. However, Williams was never able to defend her dissertation due to obstructive conduct by USM's employees. Williams endured repeated sexual harassment from the chair of her dissertation committee, Rex Stamper. In February 1989, Stamper sent Williams a sexually inappropriate Valentine card, which was admitted into evidence. Williams described a visit Stamper paid to her home in 1990 when he attempted to sexually assault her. Stamper pushed Williams onto a table, got on top of her, ran his hands over her body, and made comments implying that if Williams did not have sex with him, he would not approve her dissertation. Immediately, Williams reported Stamper's behavior to the Dean of the College of Liberal Arts and the Chair of the English department, but no action was taken. Stamper remained a member of Williams's dissertation committee and continued to sexually harass her until her marriage in 1992. In addition to the sexual harassment Williams endured at the hands of Stamper faculty and staff repeatedly and unjustifiably blocked Williams's efforts to complete her degree requirements. From 1991 to 1994, Williams sent letters to Dr. Harry McCraw, the new head of the dissertation committee, requesting advice on how to proceed and requesting meetings to discuss the situation. In 1994, Dr. McCraw finally met with Williams and was able to make plans to finish all work, defend the dissertation, and receive her degree by December 1995. But, no one from communicated with Williams until June 1995, when Dr. McCraw sent her a letter apologizing for his \u201cunconscionable\u201d lack of an earlier communication but also stating that her dissertation was not a viable project and that she would have to start over on a whole new project. In December 1995, Williams sent a complaint letter to the Dean of the College of Liberal Arts, but received no meaningful response. After several more fruitless meetings and communications with officials, Williams sued and recovered $800,000 in compensatory damages. \u00b6 52. Williams and others testified extensively about the effect of Stamper's sexual harrassment and USM's dilatory tactics upon her emotional health. Williams stated that, hours after Stamper's sexual assault, she considered suicide and her son had to wrestle a gun away from her. Williams said that she suffered paralyzing trauma from the lack of guidance, game playing and sexual harassment connected with the dissertation. She felt strong dread and disgust even at the word \u201cdissertation licensed professional counselor and friend of Williams testified that Williams had been traumatized and very upset by USM's conduct. He said that Williams was under a lot of stress, was not sleeping well and talked about the problem all the time. Williams's son stated that Williams was unbearably stressed and afraid. Her husband stated that she had suffered \u201ca tremendous trauma\u201d that had manifested in her constant need for a safe environment and for people around her to convey a sense of security. He said that Williams had developed insomnia and constantly practiced hyper-vigilant behavior in an effort to guarantee her own safety at all times. \u00b6 53. The supreme court found that Williams provided sufficient evidence she had suffered actual emotional distress which had been foreseeable given the conduct of and its employees. Williams, 891 So.2d at 174 (\u00b6 39). Since Williams's tort claims were barred under the Mississippi Tort Claims Act, Williams's only viable theory of recovery was for breach of contract. Id. at 175 (\u00b6 45). Accordingly, the 2/22/25, 6:50 v (2005) \| FindLaw 16/26 court held that Williams's recovery for mental anguish should be specifically limited to anguish caused by USM's creation of an adverse academic environment and that she could not recover under the contract theory for any mental anguish caused by Stamper's objective wrongful conduct. Id. at 174 (\u00b6 40). The court reversed for a retrial on the issue of damages at which the jury would be so instructed. Id. The court also held that the $800,000 general verdict was too speculative because Williams had failed to prove her damages to a reasonable degree of certainty. Id. at 175-76 (\u00b6 46). \u00b6 54 turn to the evidence pertaining to Allen's claim for mental anguish damages in the instant case. The evidence submitted by Allen and Morris conflicted materially as to the reason for Allen's termination and the facts and circumstances surrounding it. The evidence favoring Allen amounted to the following facts. It was undisputed that Morris was aware of Allen's strong desire to work as an anchor. There was testimony indicating that Morris demoted Allen from the anchor position in order to replace her with Robin Uchima. Shortly thereafter, Morris terminated her without the required notice. Allen testified that, at the termination meeting, MacArthur yelled and cursed at her and that he attempted to withhold her paychecks until she paid Morris the contract buyout sum of $6,000. Allen also testified about several incidents involving MacArthur that she characterized as sexual harassment, which occurred during the approximately four months in which she was employed by Morris. These consisted of several inappropriate comments which MacArthur made about her appearance, that he had rubbed her back and hugged her, that he had put his hand on her leg while making a left turn in a car, and that, once, he had called her at home and asked her out for drinks. There was testimony from Allen, her boyfriend, and her roommate that after the firing Allen was shocked and depressed, had an upset stomach, had difficulty sleeping, resumed smoking cigarettes, and lost weight. \u00b6 55. The majority finds that these facts support Allen's recovery of mental anguish damages for the breach of contract in addition to her expectation interest in the contract. With respect disagree with the majority's conclusion. In my opinion, considering our precedent governing wrongful discharge claims and the evidence in Williams, Morris's breach of Allen's employment contract was not sufficiently egregious to warrant mental anguish damages given the proof of actual mental suffering submitted by Allen. \u00b6 56. As recognized by the majority, in our first opinion in this case, we found that the conduct of Morris and its employee, MacArthur, was insufficiently malicious, intentional, willful, wanton, or grossly careless to constitute outrageous conduct justifying her recovery for intentional infliction of emotional distress. We so held based upon our precedent refusing to sanction an employee's recovery for emotional distress in situations involving \u201cordinary employment dispute[s].\u201d Brown v. Inter-City Fed. Bank for Sav., 738 So.2d 262, 265 (\u00b6 9) (Miss.Ct.App.1999). For example, in Diamondhead Country Club and Prop. Owners Ass'n v. Montjoy, 820 So.2d 676, 678 (\u00b6 1) (Miss.Ct.App.2000), Montjoy was terminated and sued his former employer for intentional infliction of emotional distress. When Montjoy was fired, board members watched Montjoy pack his things and told him that they wanted to make sure he did not take 2/22/25, 6:50 v (2005) \| FindLaw 17/26 anything belonging to the employer. Id. at 684 (\u00b6 22). He was escorted out of the building by security in front of the other staff. Id. He also claimed that the employer conspired to fire him by asking other employees to look for incriminating evidence against him. Id. Montjoy said that this treatment made him \u201cfeel cheap,\u201d and, in disappointment over the loss of his job and his perceived loss of standing in the community, he \u201cwent into mourning\u201d at home. This Court stated that, while the employer's desire to get rid of Montjoy and its request that other employees gather evidence against him might have been a little upsetting, it simply did not rise to the level of extreme and outrageous conduct justifying recovery for Montjoy's mental anguish. Id. at (\u00b6 23). \u00b6 57. In Raiola v. Chevron U.S.A., Inc., 872 So.2d 79, 85 (\u00b6 24) (Miss.Ct.App.2004), Raiola argued that he was wrongfully terminated and that at a meeting discussing the termination, his employer called him a thief and made inappropriate remarks about his Italian heritage. The Court held that the employer's conduct was not extreme and outrageous to justify redress. Id. Similarly, in Speed v. Scott, 787 So.2d 626, 629 (\u00b6 10) (Miss.2001), Scott, a volunteer fireman, alleged that the fire chief called him a thief at one meeting, a liar and a thief at another meeting, repeated the phrase at a fireman's meeting, and used the phrase \u201cliar and thief\u201d about him at someone's house. Scott and his wife testified that the name-calling caused him severe emotional distress. Id. at (\u00b6\u00b6 11-12). The court rejected Scott's claim of intentional infliction of emotional distress, finding that the fire chief's actions were not \u201csuch conduct as would cause a person of ordinary sensibilities to suffer outrage or revulsion.\u201d Id. at (\u00b6 20). In Brown v. Inter- City Fed. Bank for Savings, 738 So.2d 262, 263 (\u00b6 2) (Miss.Ct.App.1999), the employer had made several comments indicating that Brown's age rendered her a less desirable employee than a younger person and, later, fired her. The Court stated that an ordinary age discrimination claim such as Brown's was insufficient to establish the tort of intentional infliction of emotional distress. Id. at 265 (\u00b6 10). \u00b6 58. All of the aforementioned precedent concerned tort claims of intentional infliction of emotional distress in the employment context. In each case, the court found that the employer's conduct, though inappropriate and upsetting, did not justify recovery for emotional distress. In my opinion, the evidence in the case sub judice was comparable to that in Diamondhead, Raiola, Scott and Brown. The circumstances surrounding Allen's departure from were not particularly remarkable in the context of termination of employment. They involved angry and inappropriate name-calling by Allen's supervisor, the supervisor's use of leverage to try to recover the employer's expenditure in hiring Allen, and Allen's allegation of minor incidents of sexually inappropriate conduct by the supervisor which Allen never reported note that Allen's demotion from anchor to reporter was not a breach of her employment contract because she did not contract with Morris to be an anchor, but to perform \u201cemployment \u2024 in such capacity and with such duties as assigned by News Director or his designee.\u201d To me, Allen's situation fundamentally constituted an ordinary employment dispute in which the employer's conduct was not particularly egregious. 2/22/25, 6:50 v (2005) \| FindLaw 18/26 \u00b6 59. Also, the conduct at issue here was significantly less shocking than that described in Williams. While the \u201csexual harassment and game-playing\u201d surrounding Williams's studies at lasted for at least seven years, Allen's entire employment relationship with Morris lasted a mere four months. Unlike in Williams, MacArthur never explicitly requested a sexual or romantic relationship with Allen, Allen never complained to MacArthur's superiors about his conduct, and Allen did not claim that MacArthur had ever threatened to terminate her if she did not accept his advances. There was no direct evidentiary link between Allen's failure to embark on a sexual relationship with MacArthur and her firing. Rather, Allen merely speculated at the trial that the reason for her termination was her rejection of MacArthur's sexual advances. Allen maintained that she could not imagine any other reason for her termination. Further, this case differs from Williams because, in that case officials provided no explanation for their neglectful treatment of Williams. Though Morris's evidence was rejected by the jury, Morris did submit evidence that conflicted materially with Allen's testimony as to the reason for Allen's termination and the facts and circumstances surrounding it. \u00b6 60. In my opinion, Allen has not made a sufficient showing that, given the nature of the breach of contract, a compensable degree of mental anguish was both reasonably foreseeable and actually suffered by Allen. Certainly, it is reasonable for any employer to foresee that a wrongfully terminated employee such as Allen would suffer some degree of emotional discomfort. Indeed, Allen established that she suffered a period of emotional upset after the termination that primarily consisted of sleeplessness, anxiety, and some weight loss. The question should be whether the employer should have foreseen that Allen would suffer a compensable degree of emotional discomfort. Otherwise, virtually every dispute concerning a breached employment contract would justify an award of mental distress damages in addition to the entirety of the employee's lost salary. Considering the facts of the instant case do not believe that Morris's conduct in breaching its employment contract with Allen was sufficiently offensive that Morris reasonably should have foreseen that the breach would have caused Allen to suffer a compensable degree of mental anguish. \u00b6 61. Further would not find that Allen actually suffered a compensable degree of mental anguish. In Whitten, the court cited the case of Harbin v. Jennings, 734 So.2d 269, 273-74 (\u00b6 17) (Miss.Ct.App.1999), which established that the plaintiff's proof of \u201cperiods of sleeplessness, irritability, and inability to maintain a standard body weight\u201d was insufficient to show compensable mental anguish. Whitten, 799 So.2d at 10 (\u00b6 16). In Whitten, the plaintiffs recovered mental anguish damages upon proof of anxiety and sleeplessness only because of the egregiousness of the assault and battery upon them. Id. at 13 (\u00b6 25). The nature of the incident sub judice amounted to an ordinary employment dispute and was not as egregious as the intentional torts in Whitten or the university's conduct in Williams. Therefore believe Allen was required to show actual mental anguish consisting of greater emotional suffering than that declared to be insufficient in Harbin. However, Allen's proof of actual mental anguish paralleled that declared to be insufficient in Harbin. Accordingly would find that Allen did not sustain her burden of proof of actual mental anguish. 2/22/25, 6:50 v (2005) \| FindLaw 19/26 \u00b6 62. As a final observation disagree with the majority's finding that, since Morris knew Allen strongly desired to work as an anchor, Allen sufficiently showed that mental anguish was a foreseeable result of the breach of contract. To me, an employer breaching an employment contract should not be subjected to extra-contractual damages by having hired an especially enthusiastic employee rather than one with a more average level of enthusiasm for the job believe that basing a non-breaching party's recovery on his or her subjective state of mind is incorrect. In my opinion, the foreseeability inquiry should ask whether a breach of the contract reasonably could be expected to cause severe mental anguish to a person of ordinary sensitivity, not to one whose emotional reaction to a breach foreseeably might be exacerbated by her own eagerness to enter into the contract. \u00b6 63. For these reasons respectfully dissent fear that the majority's holding will render mental anguish damages a staple remedy for practically every employee aggrieved by an employer's breach of an employment contract further observe that, even if mental anguish damages were proper in this case, the jury was incorrectly instructed pursuant to Williams. The jury was not \u201ccarefully instructed to separate any mental anguish and emotional distress\u201d caused by wrongful conduct accompanying the breach of contract and to award damages only for Allen's mental anguish over the loss of her employment with Morris. See Williams, 891 So.2d at 174 (\u00b6 40). Finally, even if mental anguish damages were proper and the jury had been correctly instructed would find that the jury's award of $227,000 was too speculative based on the evidence presented at the trial. See id. at 175-76 (\u00b6\u00b6 46- 47). Contract damages must be proven to a reasonable certainty. Id. at 176 (\u00b6 47). \u201cWhen the focus is on a monetary remedy, that remedy must be such that the breaching party is not charged beyond the trouble the breach caused.\u201d Id. at 176 (\u00b6 46 1. We observe that Allen's claim for breach of the implied covenant of good faith and fair dealing was not a separate avenue for obtaining mental anguish damages without the requisite proof. In an ordinary contract situation, breach of the implied covenant is afforded the same remedy as a breach of the express contract terms. Cenac v. Murry, 609 So.2d 1257, 1273 (Miss.1992). The appropriate measure of damages for breach of the implied covenant is the expectancy interest of the non-breaching party. Id. 2. Notably, the defendants' alleged conduct in this case is similar to that of the defendants in Williams. In that case, doctoral student Davida Williams complained that a professor had prevented her from defending her dissertation because she rebuffed his sexual advances. The Court took this fact into consideration in determining that emotional distress was a foreseeable result of the breach of contract. Williams, 891 So.2d at 174 (\u00b6 39). In the present case, Allen also contends that her rejection of MacArthur's sexual advances led to her demotion and firing. Such egregious behavior leads us to find that emotional distress in Allen's case was foreseeable as a result of the breach of contract. 2/22/25, 6:50 v (2005) \| FindLaw 20/26 BARNES, J., for the Court PARTICIPATING. 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 (2005) Docket No: No. 2003-CA-00192-COA. 2/22/25, 6:50 v (2005) \| FindLaw 21/26 Decided: October 25, 2005 Court: Court of Appeals of Mississippi. 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, 6:50 v (2005) \| 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, 6:50 v (2005) \| 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, 6:50 v (2005) \| 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, 6:50 v (2005) \| FindLaw 25/26 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 6:50 v (2005) \| FindLaw 26/26", "7824_105.pdf": "Remember Me New Member Lost Account Info? Members Login Username Password Login Reply Permalink Closed Permalink Closed Permalink Closed Search Main Page Arcade Forum -- Message Board -> H.A. Breaking News--Case against settled Post Info TOPIC: H.A. Breaking News--Case against settled Reporter Date: Mar 7, 2006 H.A. Breaking News--Case against settled Case against settled By Rachel Leifer American Staff Writer AID=/20060307/NEWS03/60307005 __________________ Gone, gone, gone Date: Mar 7, 2006 Williams said she never again wants to think about the ordeal, which has persisted for more than two decades since she entered the Southern Miss doctoral program in 1985. And we wondered about Frank and Gary? __________________ Outside Observer Date: Mar 7, 2006 One down...how many to go? __________________ 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 1/10 Permalink Closed Permalink Closed Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled Save Me Date: Mar 7, 2006 This one is a direct slap in the face of the liberal arts faculty. As far as know Thames has never been charged with sexual harrassement. Where were Stamper's fellow scholars? Wasn't his conduct common knowledge in the English dept.? Did they sit by silently while the poor victim suffered? __________________ Reality Check Date: Mar 7, 2006 Save Me wrote: This one is a direct slap in the face of the liberal arts faculty. As far as know Thames has never been charged with sexual harrassement. Where were Stamper's fellow scholars? Wasn't his conduct common knowledge in the English dept.? Did they sit by silently while the poor victim suffered? Are you suggesting that anyone in the immediate vicinity of a problem somehow becomes responsible for it? __________________ Little old lady Date: Mar 7, 2006 \"Thames has never been charged with sexual harrassment.\" Help me! Help me! I've fallen [on the floor laughing so hard can't breathe] and I'm only getting up to see what new fictions you have in store. Dearie, why do you think he had to stop being on the Coast? __________________ Ruing for the good old days Date: Mar 7, 2006 Ah for the good old days when English was a powerhouse as Rex held court with his graduate students __________________ coastliner Date: Mar 7, 2006 Little old lady wrote: \"Thames has never been charged with sexual harrassment.\" Help me! Help me! I've fallen [on the floor laughing so hard can't breathe] and I'm only getting up to see what new fictions you have in store. Dearie, why do you think he had to stop being on the Coast? 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 2/10 Permalink Closed Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled Tell us, LOL. You seem to just throw it to the wall to see if will stiick. __________________ Little old lady Date: Mar 7, 2006 Ask anybody who worked down there twenty years ago, dearie. Ask anybody who worked up here twenty years ago. It's a very well-known story. __________________ Save Me Date: Mar 8, 2006 Little old lady wrote: \"Thames has never been charged with sexual harrassment.\" Help me! Help me! I've fallen [on the floor laughing so hard can't breathe] and I'm only getting up to see what new fictions you have in store. Dearie, why do you think he had to stop being on the Coast wasn't aware of this. Please provide details. __________________ Date: Mar 8, 2006 doubt if anyone is going to give you exact details on this message board, anonymous or not. As far as have ever heard, Dr. Thames has never been \"charged with sexual harrassment.\" There are stories floating around, and you'll have to get someone to tell you privately. __________________ Former English Doc Student Date: Mar 8, 2006 Save Me wrote: Where were Stamper's fellow scholars? Wasn't his conduct common knowledge in the English dept.? Did they sit by silently while the poor victim suffered spent two years at in the mid 90's completing my diss and working as an English department have generally favorable memories of my time in Hattiesburg, and feel that the English faculty and doctoral programs were superb (then). However, Rex Stamper's serial dalliances and sexual escapades with students, both undergrad and grad, were common knowledge at the time. He was even known to openly brag about his conquests when \"holding court have no idea what went on behind the scenes with the dean and chair or whether he was ever counseled about inappropriate behavior, but anyone who was in the department at the time and claims ignorance of his shenanigans is either shading the truth or living in an alternate universe. It was always worrisome that no one ever saw fit to bring the hammer down on him. My hat's off to Davida Williams for fighting 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 3/10 Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled the good fight, and winning. __________________ Mewsician Date: Mar 8, 2006 English is not the only place this went on. In the School of Music, there was a professor notorious for sexually harrassing women--especially faculty and staff. As far as know, there were no \"trysts.\" It was simply a way to exert power. And as far as know, the director (who was excellent in every other respect) never said anything to him, though it did slack off for a bit. Then when that director stepped down and the current one was appointed, the harrassment came back full force. __________________ former polymer Date: Mar 8, 2006 wrote doubt if anyone is going to give you exact details on this message board, anonymous or not. As far as have ever heard, Dr. Thames has never been \"charged with sexual harrassment.\" There are stories floating around, and you'll have to get someone to tell you privately. Why is it that nobody ever talks about what happened with Thames heard rumors about this event in my first semesters of my freshman year so there are plenty of people who talk about it thought that during the presidential search that people would bring it up, but no one ever did, except for vague references. And since the days of fireshelby, on a message board that usually feels quite free to talk about many, many rumors don't remember ever reading an account of what really happened, except in vague \"we all know what he did\" terms. Is it in respect of the other person seem to remember a thread talking about this a long time ago), or respect of the people that just let him step down, or it because there are still things that we just don't talk about in public do not mean this as a slam, but simply an interesting observation (plus would like to know if the stories that heard were in fact true). __________________ An old legend retold Date: Mar 8, 2006 Once upon a time, in a small kingdom by the sea, there was a little king and a fair maiden. One day the queen happened to appear at court when she wasn't expected. The king's guard did her best to protect everyone. There was running in the halls and yelling and general confusion all around, or so one of the stories goes. There are variations on this legend, and others like it. Some say the fair maiden was tricked, some still protect her, some say that the king is very, very good to all his fair maidens. The Emperor called the little king to account and took away his crown, but he's found another one since then. Many of the old ladies of the court wonder why the queen didn't nail the little 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 4/10 Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled king's hide to the wall, but that's her look-out, as they say. __________________ Advocate Date: Mar 8, 2006 Ah, but there is a thin line between harassment and consent. The thing have the most trouble with is envisioning anyone consenting to the little gnome. It seems beyond comprehension. __________________ Former English Doc Student Date: Mar 8, 2006 Former English Doc Student wrote: Rex Stamper's serial dalliances and sexual escapades with students, both undergrad and grad, were common knowledge at the time. He was even known to openly brag about his conquests when \"holding court.\" ....It was always worrisome that no one ever saw fit to bring the hammer down on him. The more think about this, the more it pi$$es me off all over again. While at USM, on many occasions heard senior liberal arts faculty make joking references to Stamper's legendary pursuit of comely female students. This was typically done with a wink and a nod and a dismissive comment to the effect that \"That's old Rex, at it again.\" In the Mississippi Supreme Court findings re the Williams v case ( ) Stamper claims, under oath, that he was unaware of any university policy that precluded being involved in a sexual relationship with a student. He also asserted that he'd never been advised to stay away from Ms. Williams, even after she'd filed numerous sexual harassment complaints with the department chair and dean. Can this be true, that he was never even counseled, much less disciplined or terminated? The evidence would suggest as much. Realizing that many of the players from that era have retired or moved on, I'd still be interested in hearing the \"other side\" of the story from anyone who reads this message board and was privy to the goings on inside the English department administrative heirarchy at the time. It would be instructive for all of us. __________________ Justice gone astray Date: Mar 8, 2006 This is an interesting illustration of liberalism at work in our criminal justice system. Apparently Professor Stamper sexually harrased a student ( he was convicted and this was upheld on appeal). However he doesn't have to pay; instead his employer,USM, has to foot the bill. Anyone over age 15 knows you can't do this to people. Anyone with an ounce of sense knows right from wrong. Stamper is no ordinary man. He is a scholar,like the other members of the faculty. He devotes many hours to research and serious 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 5/10 Permalink Closed Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled contemplation. He is responsible for his actions. He consciously chose to commit a crime should not have to pay a cent for his bad deeds. This makes as much sense as having foot the bill when one of it's employees robs a bank. If conservatives were in charge,Stamper would've been taken out and given a good A-- whipping. __________________ Advocate Date: Mar 8, 2006 She told the people who were in charge and they neglected to act. That makes them just as guilty, especially if Stamper continued to harass. __________________ Date: Mar 8, 2006 Justice gone astray wrote: If conservatives were in charge,Stamper would've been taken out and given a good A-- whipping. Have to disagree here. That sort of behavior is no respecter of party or political bent. Trust me on this. __________________ Was There Date: Mar 8, 2006 Former English Doc Student wrote: Stamper ... asserted that he'd never been advised to stay away from Ms. Williams, even after she'd filed numerous sexual harassment complaints with the department chair and dean. Can this be true, that he was never even counseled, much less disciplined or terminated? So you're asking why there was a closing of the ranks around Rex? This is only supposition on my part, connecting the dots so to speak, but in my opinion it would have been extremely risky, not to mention hypocritical, for certain of Stamper's faculty peers to take a hard line on his inappropriate behavior with female students. Clearly he was lacking in discretion and forcing himself on Ms. Williams, as she alleged, was criminal. However, you should know that he wasn't the only prof who felt it was perfectly acceptable to \"get close\" to his students don't mean to suggest that this behavior was rampant but without question Stamper wasn't alone in dining on forbidden fruit. Was he counseled know he was urged to be more discrete, but don't know about any disciplinary actions. Probably not, as it would have opened up a huge can of worms. __________________ Rough as a Date: Mar 8, 2006 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 6/10 Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled wrote: Justice gone astray wrote: If conservatives were in charge,Stamper would've been taken out and given a good A-- whipping. Have to disagree here. That sort of behavior is no respecter of party or political bent. Trust me on this. Yeah, but it is a respecter of academic discipline. He'd never have gotten away with such mischief in the COB, specially with the moral rectitude of Dean Doty as a behavioral template. __________________ Gone, gone, gone Date: Mar 8, 2006 Come on folks is correct. Sexual harrassment is no respector of profession or political party. It has been rampant in business, in manual labor, in law, in medicine, in the university. It is only recently that females in the workplace had any recourse. (See the movie North Country.) Thank goodness for someone who is willing to bring a lawsuit about this. Perhaps some of the perpetrators will get the message now. __________________ Date: Mar 8, 2006 Of course there's always my mother's method. Long ago and far away she wore high heels to work. She once had an occasion at the office to simply take a step backwards onto the \"gentleman's\" foot with a spike heel. Worked pretty well, and no lawyers were called. Not to be making a joke of this, of course. Women like me and my mother, who were working in the 60's and 70's had almost no defense even threatened to call a wife one time. You had to do the best you could don't have any sympathy or patience with cover-ups and looking the other way, and I've seen plenty of it saw female residents and interns harrassed by an otherwise respected physician, and they were helpless to stop it for a long time until he harrassed the wrong person's wife. Then on the other hand, there are men like a former boss of mine who wanted to pay me a \"safe\" compliment on my appearance and finally came out with, \"you're always so . . . neat!\" __________________ Another Harassee Date: Mar 8, 2006 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 7/10 Permalink Closed Permalink Closed Permalink Closed Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled Was There wrote: So you're asking why there was a closing of the ranks around Rex know he was urged to be more discrete, but don't know about any disciplinary actions. Probably not, as it would have opened up a huge can of worms. Concerning the above assessment of USM's attitude toward Davida Williams view it as yet another instance of those in glass houses being loath to throw stones. I'm long gone from but certainly hope the offending university administrators and faculty, if any are still on board, have learned a lesson from the Stamper-Williams tragedy. Ms. Williams courtroom victory and damage award notwithstanding, be assured she'll never be the same after suffering through that grim experience. And let us not forget that from all accounts, she was an able and accomplished doctoral candidate who was effectively cheated out of her PhD by an administration that chose to look the other way rather than heed her cries for help. __________________ Yet another one harrassed Date: Mar 8, 2006 Thanks for standing strong, Davida! Hope whatever amount of money that you settled for makes it a little bit easier for you. One never really ever recovers. Chaze's tax bracket continues to rise. __________________ Wishful thinking Date: Mar 8, 2006 Where was her faculty, chair and dean when she was being abused, tormented, and denied her degree. Where was their character? __________________ Legal Questions Date: Mar 8, 2006 Yet another one harrassed wrote: Thanks for standing strong, Davida! Hope whatever amount of money that you settled for makes it a little bit easier for you. One never really ever recovers. Weren't Stamper and several other profs and administrators named as co-defendants in the Williams suit? With respect to the damage award, is (actually the taxpayers of Mississippi) liable for the entire amount, or does some of it come from the pockets of other named parties? I'd appreciate a short tutorial on who takes the hit for paying out the cash . It seems to me that Stamper and the others who conveniently looked the other way while this was happening should at least be co-liable for paying. By the way, whatever money Ms. Williams receives, she deserves. __________________ stinky cheese man Date: Mar 8, 2006 if you want some details about the case go up about mid-thread to a hyperlink to the supreme court's decision. they present a chronology of the case and other details. 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 8/10 Permalink Closed Post Info TOPIC: H.A. Breaking News--Case against settled __________________ Not a lawyer Date: Mar 8, 2006 Legal Questions wrote: Yet another one harrassed wrote: Thanks for standing strong, Davida! Hope whatever amount of money that you settled for makes it a little bit easier for you. One never really ever recovers. Weren't Stamper and several other profs and administrators named as co-defendants in the Williams suit? With respect to the damage award, is (actually the taxpayers of Mississippi) liable for the entire amount, or does some of it come from the pockets of other named parties? I'd appreciate a short tutorial on who takes the hit for paying out the cash . It seems to me that Stamper and the others who conveniently looked the other way while this was happening should at least be co-liable for paying. By the way, whatever money Ms. Williams receives, she deserves am sure there was a confidentiality agreement to keep Davida from talking about the terms. Where the money comes from probably wasn't stated in the agreement. Maybe there was insurance? Maybe it comes from the Foundation? Have you all been following It raises some really interesting issues. __________________ 1 2 3 \u2026 5 > Last\u00bb \| Page 1 of 5 sorted by Oldest First Quick Reply Please log in to post quick replies Forum -- Message Board -> H.A. Breaking News--Case against settled Subscribe Create your own Forum Report Abuse Share 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 9/10 2/22/25, 6:50 H.A. Breaking News--Case against settled Forum -- Message Board 10/10", "7824_106.pdf": "v (2004) Supreme Court of Mississippi MISSISSIPPI; Dr. David Huffman, Dr. Glenn Harper, and Dr. Rex Stamper v. Davida Dawn WILLIAMS. No. 2003-CA-00190-SCT. Decided: November 10, 2004 BANC. Alan M. Purdie, Ridgeland, Lee Partee Gore, Hattiesburg, Ricky L. Boggan, attorneys for appellant. Kim T. Chaze, Hattiesburg, attorney for appellee. \u00b6 1. On July 16, 1996, Davida Dawn Williams, a doctoral student at the University of Southern Mississippi (USM), filed suit in the Forrest County Circuit Court against USM, as well as professors Dr. David Huffman, Dr. Glenn Harper, Dr. Harry McCraw, and Dr. Rex Stamper, in their individual and official capacities. She sought actual damages in the sum of $10 million, punitive damages in the sum of $10 million, relief under 42 U.S.C. \u00a7\u00a7 1983 et seq. and unspecified injunctive relief under the Mississippi Rules of Civil Procedure and statutes. Her complaint alleged that the defendants jointly and severally engaged in a wrongful and malevolent course of conduct which prevented her from receiving her doctoral degree and caused severe emotional and mental anguish. In addition, she alleged general deprivation of unspecified property interests and contractual and constitutional rights. Six years later, in July 2002, after lengthy delays, nominal activity in the case, continuances, and resettings of trial dates, the case was tried before a jury which returned an 11-1 general verdict for Williams, in the sum of $800,000 \u201cactual damages.\u201d The trial court entered judgment in accordance with the verdict. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:50 v (2004) \| FindLaw 1/26 Following denial of the defendants' motions for remittitur, JNOV, and alternatively for a new trial and three of the four professors 1 timely perfected their appeal. They raise twelve issues which encompass incorrect and unwarranted jury instructions; failure to apply the Mississippi Tort Claims Act; incorrect application of 42 U.S.C. \u00a7 1983; erroneous denial by the trial court of their motions for directed verdict, new trial or remittitur; judgment against the great weight of the evidence; and no legal basis for the judgment. \u00b6 2. After careful review of the record before us, we conclude that the trial court should have granted the defendants' motion for on the \u00a7 1983 claim and the Mississippi Tort Claims Act claim. We affirm, however, the trial court's denial of the defendants' motion for on Williams's contract claim. We reverse the judgment entered against the defendants, and we remand to the trial court for a new trial solely as to damages on Williams's breach of contract claim \u00b6 3. The facts in this case cover a period of seventeen years, and the following time line is provided to assist in understanding the sequence of events relevant to Williams's claims: Summer 1985 enrolled at to pursue Ph.D. degree in English Fall 1985 passed doctoral qualifying examination completed 10 hours, made three A's and one Spring & Summer 1986 completed 19 hours, made all A's August 6, 1986 passed graduate school foreign language test Fall 1986 completed seven hours, made all A's dissertation committee selected 2 Spring 1987 completed three hours, made an passed doctoral comprehensive exam (now 3) admitted to candidacy for Ph.D., enrolled Eng. 898 Fall 1987 Eng 898 4 (independent study on dissertation) instructed in English department 1988 dissertation in progress (not shown on transcript) 2/22/25, 6:50 v (2004) \| FindLaw 2/26 instructed in English department instructed in criminal justice department February 1989 received inappropriate Valentine card from Stamper Spring & Summer 1989 dissertation in progress (not shown on transcript) instructed in criminal justice department March 3, 1989 prospectus for dissertation approved by committee August 31, 1989 dissertation still in progress (not shown on transcript) Fall 1989 instructed in criminal justice, Pearl River Community College (PRCC) June 21, 1990 Stamper's memo to Williams indicating valid dissertation premise but underdeveloped concept, some suggestions, requesting to see it before proceeding Aug. or Sept. 1990 Stamper's visit to Williams's home to discuss dissertation revisions/attempted sexual assault 5 Sept. 1990 meeting with Dr. Harper, Dean of the College of Liberal Arts and Dr. Wheeler, Chair of the English Department, to report Stamper's conduct and request his removal Spring & Fall 1990 instructed in criminal justice and English Spring 1991 instructed in criminal justice and English still trying to meet with Dr. McCraw, new director of her dissertation committee appointed by Dr. Wheeler April 17, 1991 head of USM's criminal justice program humiliated Williams at annual awards program by calling her to stage to thank her, then making improper remark with sexual overtones about her before roughly 200 people May 13, 1991 letter to Dean Harper to report incident, continued harassment, Stamper still making unwanted calls to her Summer & Fall 1991 instructed in English renewed request to Dr. McCraw for advice and direction as to how to proceed with dissertation February 1992 married and moved to Gautier Spring 1992 instructed in English 2/22/25, 6:50 v (2004) \| FindLaw 3/26 March & September, 1992 letters to Dr. McCraw, still awaiting response January 1993 another letter to Dr. McCraw requesting a meeting with him to discuss dissertation December 1993 yet another letter to Dr. McCraw asking to meet with him, pointing out she's been since 1987, must see him and determine the future course of dissertation November 1994 talked separately with Dr. Wheeler and Dr. McCraw, gave McCraw revised dissertation, and was told Dr. Richardson would have to be replaced; plans made to defend, finish all work, and get degree by December 1995; no further communication for 6 months June 5, 1995 received letter from Dr. McCraw noting dissertation not a viable project and she needed to start over; included was a letter from Dr. Wallace, appointed to the dissertation committee without Williams's knowledge or approval, corroborating McCraw's evaluation December, 1995 letter to Dean Harper saying the sexual harassment and discrimination still continue, asking for help; Williams's attorney's letter to Dr. Ginn, Vice President of Administrative Affairs, denoted as grievance notice outlining eleven specific complaints January 8, 1996 letter from Mary Villeponteaux, graduate director, offering sympathy but no specific help with complaints February 15, 1996 meeting between Williams, her attorney, Dr. Huffman, and USM's attorney to discuss problems and solutions connected; Huffman to get back in touch, but did not April 23, 1996 letter to attorney requesting status report; no response July 15, 1996 filed suit in Forrest County Circuit Court July 30, 2002 Final Judgment \u00b6 4. The Ph.D. degree in English program in which Williams enrolled requires a qualifying examination after one full semester's work; proficiency in two foreign languages; a minimum of 48 semester hours beyond the master's degree; a written comprehensive examination; and presentation and defense of a dissertation, according to the graduate bulletin under which she enrolled. The portion of the bulletin included in the record is silent about procedures to be followed when problems involving the completion and defense of a dissertation arise. By the end of 1987, Williams had finished her course work with a 3.92 grade point average, and she had passed her comprehensive exams and proficiency tests in two foreign languages. Positive and encouraging remarks about that progress are in the record. Subsequently, her dissertation committee approved a detailed prospectus, which cleared Williams to proceed with research and writing of her dissertation. Upon successful defense of the dissertation, she would receive her Ph.D. degree. 2/22/25, 6:50 v (2004) \| FindLaw 4/26 \u00b6 5. According to the graduate bulletin, a student's presentation and defense of a dissertation is supervised by a departmental committee composed of a chairman and four members recommended by the department chairman and appointed by the graduate dean. Williams was allowed to request and approve who would serve as members of her committee, including Stamper as the chair of the committee and director of her dissertation. \u00b6 6. The primary focus of the present case is Stamper's conduct as a professor and as the chair of Williams's doctoral committee. The secondary focus is the general lack of attention and seriousness shown by a number of professors and officials to Williams's reports of improper and unwarranted sexual misconduct. Williams testified that Stamper's conduct as a faculty member towards her between 1985 and 1987 was \u201cflirty\u201d but not \u201charmful.\u201d However, after Stamper had become chair of her dissertation committee, that began to change. Williams testified at trial that Stamper's conduct became \u201csexual harassment,\u201d which included, among other things: office visits which often turned sexual in nature; telephone calls to her home; a lewd and vulgar Valentine card placed by Stamper into Williams's university mailbox in February 1989; and eventually, in 1990, the sexual assault. \u00b6 7. Stamper acknowledged in his testimony that he went to Williams's home between twenty-five and thirty times for reasons related to his academic duties and his chairmanship of Williams's dissertation. In addition to these trips to Williams's home, Stamper also conceded and admitted that he visited in the homes of between 100 and 200 students, male and female, during his 20 year tenure at USM. Stamper also testified that he and Williams had engaged in consensual sexual relations, which Williams denied. \u00b6 8. For several years before the assault, Williams had complained occasionally and generally about Stamper's inappropriate behavior to his immediate bosses, Dr. Thomas Richardson, Chair of the English Department from 1985-1988, and his successor, Dr. David Wheeler, Chair from 1988 forward. After the assault, however, she set up a special meeting with Dr. Glenn Harper, Dean of the Liberal Arts College, and English chair Wheeler to lodge her complaints. According to Williams's testimony, she told them in detail about what had happened in her home with Stamper and what she had endured for the past several years by him. Dean Harper, however, testified that she did not tell them about the alleged assault, but made general allegations of inappropriate behavior, and only wanted Stamper removed as chair of her doctoral committee. The result of the meeting, according to Williams, was that Harper and Wheeler agreed to remove Stamper from the dissertation committee, name McCraw as chairman, order Stamper to stay away from Williams, and add Dr. William Lyddon from the Psychology Department to the committee. At trial, however, Stamper testified that he was not removed from the committee and was never told to stay away from Williams. Furthermore, Lyddon testified that he was never contacted about joining Williams's dissertation committee and was never shown a copy of Williams's dissertation. \u00b6 9. Williams testified that, despite her complaint to Harper and Wheeler, the sexual harassment continued. According to Williams, Stamper and another now former professor harassed her until 2/22/25, 6:50 v (2004) \| FindLaw 5/26 1992, when she remarried. Williams further testified that, during this time, she could not get advice that she sorely needed in order to proceed with her dissertation. She wrote McCraw, her new dissertation chair, seven times between April 5, 1991, and November 29, 1994, and called him numerous times. As shown by the record, her written messages were pleasant, positive and deferential to the heavy demands which Dr. McCraw must have had with his classes, etc. They also clearly and courteously expressed her concern about needing guidance regarding her dissertation. Finally, on June 5, 1995, more than four years after he was appointed as chair, McCraw replied: First of all, let me apologize for the unconscionable lateness of this letter got distracted and failed to reply am sorry if have caused you any inconvenience\u2024 The consensus of those of us who would form your graduate committee here at (Dr. Anne Wallace, Dr. Ken Watson and myself) \u2024 is that this is not a viable project as it now stands. The particulars are spelled out in the accompanying letter from Dr. Wallace\u2024 Our opinion is that if you wish to pursue a doctorate in English at USM, this could best be done by working with us from the start on a project which would be fully supported by contemporary criticism and critical methodologies\u2024 (emphasis added.) \u00b6 10. After reading McCraw's letter, Williams hired an attorney. On February 15, 1996, Williams, her attorney, Vice President of Academic Affairs Dr. David Huffman, and USM's attorney met to discuss Williams's claim. When she did not hear from the university for another five months, Williams filed suit on July 15, 1996. \u00b6 11. When the case went to trial in July, 2002, much of the testimony and evidence supporting Williams was admitted into the record without objection. During the six-day trial, Williams herself testified at length. She was an articulate witness and described her academic background which included an undergraduate degree in English (with special distinction) and master's degree in English from Arkansas State University, as well as further certification as a specialist in community college teaching, also from ASU. She also described her career prior to enrollment at USM, including two years as a teacher and two years as an special agent (from which she resigned when she married, came to Mississippi, and embarked on the pursuit of her Ph.D. in English). \u00b6 12. She also called as witnesses Leland Ray, another graduate student; Dr. Darlys Alford, a psychology professor and personal friend; Dr. David Wheeler; her son, Heath Williams; Dr. Will Lyddon, psychology professor who Williams requested be appointed to her doctoral committee; Dr. Norman Stafford, professor of English at Arkansas State University; and David Greenwell, Williams's husband. Defendants Stamper, Harper, and Huffman were called, adversely, by Williams and the professors 2/22/25, 6:50 v (2004) \| FindLaw 6/26 offered little testimony in defense, calling only Drs. Thomas Richardson and Anne Wallace (English Department faculty members) to testify \u00b6 13. We note at the outset that the decision of this Court reached in this case is very fact specific and thus narrowly written and should not be construed as giving approval to the application of contract theory to circumvent the protection afforded our universities and the employees thereof by the Mississippi Tort Claims Act. \u00b6 14. This Court reviews a circuit court's decision to deny a motion de novo-that is, this Court does not defer to the circuit court's decision but rather reviews the matter anew. Northern Elec. Co. v. Phillips, 660 So.2d 1278, 1281 (Miss.1995 circuit court should only deny a motion as to a particular theory of liability where the particular theory of liability is legally sufficient to support the verdict. Miss. R. Civ. P. 50. I. Denial of re: Williams's 42 U.S.C. \u00a7 1983 claim \u00b6 15. Section 1983 creates a cause of action against any person who, acting under color of state law, abridges rights created by the Constitution and laws of the United States. Specifically, the statute provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State \u2024 subjects, or causes to be subjected, any citizen of the United States \u2024 to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law\u2024 42 U.S.C. \u00a7 1983. Section 1983 is not itself a source of substantive rights, but rather a remedy for vindicating federal rights elsewhere conferred by those parts of the United States Constitution and federal statutes it describes. Wilson v. Garcia, 471 U.S. 261, 278, 105 S.Ct. 1938, 1948, 85 L.Ed.2d 254 (1985). However, based upon established principles of statutory construction and common law immunities, the United States Supreme Court has held that neither states nor state officials acting in their official capacities are \u201cpersons\u201d within the meaning of \u00a7 1983. Will v. Mich. Dep't of State Police, 491 U.S. 58, 64, 109 S.Ct. 2304, 2309, 105 L.Ed.2d 45 (1989). In Will, the United States Supreme Court said: \u201cSection 1983 provides a federal forum to remedy many deprivations of civil liberties, but it does not provide a federal forum for litigants who seek a remedy against a State for alleged deprivations of civil liberties.\u201d 491 U.S. at 66, 109 S.Ct. at 2309. Furthermore, according to Will, Congress did not intend to create a cause of action through \u00a7 1983 against States to be brought in state courts. Id. \u00b6 16 moved for judgment notwithstanding the verdict as to Williams's 42 U.S.C. \u00a7 1983 claim. Though Williams claims in her brief before this Court that she did not seek relief under \u00a7 1983, she 2/22/25, 6:50 v (2004) \| FindLaw 7/26 specifically pled a \u00a7 1983 cause of action among others in her Complaint initiating this lawsuit. Williams appeared to abandon all \u00a7 1983 claims during the course of the trial, and the trial court refused, without explanation, the defendants' requested jury instruction D-5 which stated that, as a matter of law and the professors in their official capacity, are not persons under 42 U.S.C. \u00a7 1983. Nevertheless, the trial court denied USM's motion for regarding any claim Williams had based upon \u00a7 1983. It is uncontested by the parties that is an agency of the State of Mississippi and therefore is immune from suit in state courts unless the State waives its sovereign immunity or Congress overrides state sovereign immunity through Section 5 of the Fourteenth Amendment. Id. at 66, 109 S.Ct. at 2309-10; Miss.Code Ann. \u00a7 11-46-5. Williams initially named as defendants USM, along with professors Huffman, Harper, McCraw, and Stamper in their individual and official capacities. Subsequently, Williams voluntarily and inexplicably dismissed Stamper in his individual capacity and also dismissed McCraw's estate following his death. The circuit court, on motion for directed verdict at the conclusion of Williams's case-in-chief, dismissed Harper and Huffman in their individual capacities. \u00b6 17. Thus, when the jury returned its verdict, there were no individual defendants left; only and the three professors in their official capacities remained. Accordingly, any \u00a7 1983 claims by Williams should have been dismissed as a matter of law, and the circuit court erred when it denied USM's motion for judgment notwithstanding the verdict regarding Williams's 42 U.S.C. \u00a7 1983 claim. II. Denial of re: Williams's contract claim \u00b6 18. In her complaint, Williams stated that as a doctoral student, she had \u201csignificant contractual rights\u201d and that the course of conduct of the defendants deprived her of those rights. She claimed an implicit and explicit contract whereby she paid a significant amount of money to in return for the opportunity to pursue her academic endeavors in an unfettered academic environment, free from harassment. Although Williams asked for $10 million in actual damages, $10 million in punitive damages, as well as all relief to which she is entitled under \u00a7 1983, and for injunctive relief under unspecified statutes and rules of civil procedure, she did not request specific performance or any other identifiable contractual relief other than the omnibus request for \u201csuch relief which is just, legal, and equitable.\u201d \u00b6 19. Williams primarily relied on Univ. of Miss. Med. Ctr. v. Hughes, 765 So.2d 528 (Miss.2000). In Hughes, several medical students sued the medical school for injunctive relief when the university changed its degree requirements after the students had enrolled. Id. at 531. This Court held, after examining numerous federal and other state authorities, that \u201cthe student-university relationship is contractual in nature and that the terms of the contract may be derived from a student handbook, catalog, or other statement of university policy.\u201d Id. at 534. \u00b6 20. Williams argues, in essence, that breached the contract created by USM's graduate catalog, by not providing her the educational opportunity for which she paid, by not giving her a fair hearing 2/22/25, 6:50 v (2004) \| FindLaw 8/26 regarding her complaints about actions and inactions of the professors, and by not acting with \u201cgood faith\u201d and \u201cfair dealing vigorously contests Williams's interpretation of Hughes, arguing that the holding in Hughes is limited and that Williams did not prove violated any term of an alleged \u201ccontract.\u201d \u00b6 21. Until Hughes, there was a dearth of Mississippi case law defining the relationship between the university and the student. In formulating the holding in Hughes, this Court examined carefully the law of numerous other jurisdictions and how they addressed the rights and responsibilities in the student/university relationship. Id. This Court agreed with sister jurisdictions that the student/university relationship is \u201ccontractual in nature,\u201d but also held that \u201crigid importation of the contractual doctrine has been rejected.\u201d Id. \u00b6 22. Of particular concern to this Court, as well as others across the nation, is the potential danger of judicial intervention in the academic context and that such intervention \u201cwould interfere unnecessarily in the [u]niversity's discretion to manage its academic affairs.\u201d Id. at 535. However, this Court's reluctance to intervene in the academic context does not mean that academic decisions are inherently unreviewable. While this Court respects the academic process and the necessarily deferential standard by which we review academic decisions, such deference should not be construed as a license for administrators to act arbitrarily and capriciously when making decisions that affect a student's academic standing, nor to act in bad faith or deal unfairly with a student. \u00b6 23. As in Hughes, the present case is one of first impression, involving a doctoral candidate's pursuit of the Ph.D. degree and the unique dissertation committee/defense process utilized in doctoral programs in universities nationwide. So we looked to other jurisdictions for insight into how they have applied the contractual duty of good faith and fair dealing to the conduct of a university in its relationship with Ph.D. students. We found no doctoral cases on point, but one involving a master's degree program is instructive. In Olsson v. Bd. of Higher Educ., 49 N.Y.2d 408, 426 N.Y.S.2d 248, 402 N.E.2d 1150, 1153 (1980), a master's degree candidate with an \u201chonors average\u201d at the John Jay College of Criminal Justice argued that the college should be estopped from asserting that the student had not fulfilled the requirements for graduation because the student's deficiency was caused in part by reliance upon a professor's misleading statement regarding the institution's grading criteria. To obtain a master's degree from the college, Olsson had to pass a final \u201ccomprehensive\u201d examination on the field of criminal justice. Relying on a professor's misstatements as to the criteria for passing the exam, Olsson and several other students took the five question exam believing that they only had to score three points out of a possible five on three questions. In reality, the students had to score three points on four of the questions to pass the examination. Olsson petitioned the academic appeals committee to award him his degree based upon the grading standard the professor represented. The committee refused to do so, but in the interest of fairness it offered to expunge the results of Olsson's examination and permit Olsson to take the exam again without prejudice. Finding this offer unacceptable, Olsson instituted 2/22/25, 6:50 v (2004) \| FindLaw 9/26 legal action to compel the college to award him a diploma based upon his existing examination score. While the New York trial and intermediate appellate courts found for Olsson, the Court of Appeals (New York's highest court) reversed, holding that estoppel was an extreme remedy to be used only in the most egregious of circumstances. The Court of Appeals held that Olsson had a less drastic remedy by being able to retake the test without prejudice. While the Court of Appeals expressed and exercised caution in intervening in academic affairs, the court did state that intervention is warranted when an educational institution does not act in good faith in its dealing with students, but instead exercises discretion in an arbitrary or irrational fashion. Id. at 1153. In the present case, the remedy offered by arguably is extreme: that she start all over, after 8 years of working directly on the dissertation, when she was unable to get the guidance from those whose responsibility it was to advise and direct her work.6 \u00b6 24. This Court has consistently recognized that every contract contains an implied covenant of good faith and fair dealing in performance and enforcement. Morris v. Macione, 546 So.2d 969, 971 (Miss.1989). \u201cGood faith is the faithfulness of an agreed purpose between two parties, a purpose which is consistent with justified expectations of the other party. The breach of good faith is bad faith characterized by some conduct which violates standards of decency, fairness, or reasonableness.\u201d Cenac v. Murry, 609 So.2d 1257, 1272 (Miss.1992). Bad faith, in turn, requires a showing of more than bad judgment or negligence; rather, \u201cbad faith\u201d implies some conscious wrongdoing \u201cbecause of dishonest purpose or moral obliquity.\u201d Bailey v. Bailey, 724 So.2d 335, 338 (Miss.1998). \u00b6 25. In the present case, there is no way to know the basis for the jury's verdict which awarded Williams \u201c$800,000 in actual damages.\u201d 7 The very nature of a general verdict precludes that knowledge. Because this issue is before us on JNOV, our review is de novo, and based upon the record before us, there is sufficient evidence from which reasonable jurors could conclude that and its employees breached the duty of good faith and fair dealing in their relationship with Williams. Although we are mindful that directly conflicting testimony was given, the documentary evidence is clearly supportive of many of Williams's allegations. \u00b6 26. When a student enrolls in a doctoral program, the university is justified in expecting the student will satisfactorily complete all the requirements of the program. There is evidence that and its employees knowingly conducted themselves in ways which violated standards of decency, fairness, and reasonableness. \u00b6 27. As mentioned previously, it is uncontested that Williams maintained close to a 4.0 grade point average in her doctoral course work, demonstrated proficiency in two foreign languages, passed her comprehensive exams, and obtained approval of her detailed prospectus. In addition to her success in the doctoral program, Williams was also entrusted by with teaching responsibilities. In short, she was a mature, accomplished student on the verge of full acceptance into academia. The jury apparently believed, however, that the actions and inactions of Stamper and other officials 2/22/25, 6:50 v (2004) \| FindLaw 10/26 precluded, or at least severely delayed, Williams's ability to complete the final requirement of a doctorate: the presentation and defense of an acceptable dissertation. \u00b6 28. Williams claims that Stamper prevented her from defending her doctoral dissertation because she refused to engage in sexual relations and rebuffed his sexual advances, which he denies. Huffman, USM's vice-president for academic affairs, testified that based upon USM's graduate bulletin, Williams had the right to a \u201cfair committee that made non-arbitrary decisions.\u201d Stamper claims that his refusal to allow Williams to defend her dissertation was based upon deficiencies in the dissertation itself. Assuming, arguendo, that is correct, the jury was still free to judge the credibility of the witnesses and consider what impact his other actions, and those of other professors and/or officials, might have had upon her efforts and ability to present a dissertation deemed worthy of defense. Stamper testified that he visited Williams's house between twenty-five and thirty times and had consensual sex with her on multiple occasions. He professed he was unaware of any university policy that precluded a professor from being involved in a sexual relationship with his student. In addition did not contest the admission into evidence of the lewd Valentine which Stamper personally delivered to Williams's university mailbox. There was also testimony by a fellow professor that Stamper had a reputation as a ladies' man. \u00b6 29. As proof that other professors engaged in conscious wrongdoing, frustrating Williams's attempts to prepare and defend her dissertation, Williams testified that in September, 1990, she complained to Dean Harper and English Department Chair Wheeler about Stamper's sexual harassment and threats. Williams further testified that as a result of her complaint, they agreed to remove Stamper from the dissertation committee, prevent Stamper from having contact with her, install McCraw as dissertation chair, and add Dr. Lyddon to the committee. There is no documentary evidence in the record to show what, if anything, was actually done by to fulfill such an agreement. According to the testimony of Williams, Stamper did not cease his harassment. In addition, Stamper himself testified that he was never notified of any removal from Williams's committee nor told to stay away from her. Furthermore, Lyddon testified that he was never contacted by a official about serving on Williams's committee and had never seen a copy of her dissertation. Finally, after Williams made many attempts to correspond through mail or telephone with McCraw between spring 1991 and June, 1995, McCraw responded by apologizing for his \u201cunconscionable\u201d lack of response. McCraw then went on to inform Williams that her dissertation committee (professors Wallace, Watson and himself) did not believe her dissertation was presently viable and that she would need to work with them \u201cfrom the start on a[new] project.\u201d \u00b6 30. This Court traditionally has held that emotional distress and mental anguish damages are not recoverable in a breach of contract case in the absence of a finding of a separate independent intentional tort. Life & Cas. Ins. Co. v. Bristow, 529 So.2d 620, 624 (Miss.1988). In recent years, however, this Court has moved away from this requirement. See Southwest Miss. Reg'l Med. Ctr. v. 2/22/25, 6:50 v (2004) \| FindLaw 11/26 Lawrence, 684 So.2d 1257, 1269 (Miss.1996). It is now undisputed that under Mississippi law a plaintiff can assert a claim for mental anguish and emotional distress in a breach of contract action. However, our decisions over the past several years addressing mental anguish and emotional distress are arguably unclear. On the one hand, we have held that we require a heavy burden of proof in order to establish a right to recover emotional distress damages. Wilson v. Gen. Motors Acceptance Corp., 883 So.2d 56, 64-65 (Miss.2004). On the other hand, we have allowed recovery for mental anguish based upon the following testimony: Lawrence's proof for her claim for damages for mental anguish included her testimony at trial that she was \u2018devastated\u2019 as a result of the denial of benefits and termination of employment. Lawrence stated that she was worried about where she would get the money to cover the basic household expenses. She also testified that she and her family lost their home as a result of the denial of benefits and termination of employment. Southwest Miss. Reg'l Med. Ctr. v. Lawrence, 684 So.2d at 1269. \u00b6 31. We take this opportunity to clarify the burden for recovery of mental anguish and emotional distress in breach of contract actions. Plaintiffs may recover such damages without proof of a physical manifestation. Adams v. U.S. Homecrafters, Inc., 744 So.2d 736, 743 (Miss.1999). Furthermore, expert testimony showing actual harm to prove mental injury is not always required. Gamble v. Dollar Gen. Corp., 852 So.2d 5, 11 (Miss.2003). However, the plaintiff must show (1) that mental anguish was a foreseeable consequence of the particular breach of contract, and (2) that he or she actually suffered mental anguish. Such generalizations as \u201cit made me feel bad,\u201d or \u201cit upset me\u201d are not sufficient plaintiff must show specific suffering during a specific time frame. These requirements are not different from the requirements to establish physical pain and suffering. \u00b6 32. We have previously held that, \u201cevidence consisting solely of a claim of sleeplessness and mental anguish did not demonstrate an actual injury with sufficient certainty to warrant compensation.\u201d Morrison v. Means, 680 So.2d 803, 806-07 (Miss.1996). We then clarified this holding in Whitten v. Cox, 799 So.2d 1, 10-11 (Miss.2000), by pointing out that testimony concerning \u201cdiscomforts\u201d such as sleeplessness and irritability take on a different importance when viewed in light of the event which engendered the mental anguish. In Whitten, we recognized greater significance to such terms because of the event 8 which caused them. \u00b6 33. Thus, \u201cthe nature of the incident\u201d can be important in two ways. First, understanding the nature of the incident is essential in establishing whether emotional distress is foreseeable. Additionally, in cases where the defendant's conduct is more egregious, the plaintiff's burden of establishing specific proof of suffering will decrease. Nevertheless, the burden is there, and a plaintiff seeking emotional distress damages for a breach of contract must provide more than general declarations of emotional distress. 2/22/25, 6:50 v (2004) \| FindLaw 12/26 \u00b6 34. In the case before us, we have no doubt that Williams presented sufficient proof of emotional distress caused by USM's failure to fulfill its contractual obligations. Furthermore, she was denied the fruits of her many years of academic labors. \u00b6 35. We must point out that Williams mentioned several times in her testimony the emotional effects Stamper's actions had on her. Specifically, Williams testified about the assault in her home and its effects on her mental and emotional well-being. Williams testified that later that evening, she actually considered suicide, and had her gun in her hands, but that her son was able to wrestle the gun away from her. In addition to the assault by Stamper, Williams testified to harassing phone calls and a shadowy figure outside her bedroom window in the late night/early morning hours. \u00b6 36. Regarding the effects of USM's actions preventing her from defending her dissertation, Williams testified to \u201c[t]he lack of guidance, the game playing and repeated sexual harassment that suffered in connection with my dissertation, and it's taken a great toll on me, it's a paralyzing trauma. Even now, the word dissertation evokes strong feelings of dread, disgust, anxiety, anger, and so forth, within me.\u201d \u00b6 37. Other persons also testified to the mental and emotional effects the defendants' actions had on Williams. Dr. Darlys Alford, Williams's colleague, professor at USM, and licensed professional counselor, testified that after the assault by Stamper \u201c[Williams] was very reluctant to go to the University because she had been traumatized; she was very upset about it,\u2024\u201d Alford also testified was her friend, and was very concerned about her because she was under a lot of stress. She was not sleeping very well and she talked about this problem all of the time. It was hard for her to focus on her work and to do her job.\u201d \u00b6 38. Additional testimony as to the effects of the defendants' actions on Williams's mental and emotional well-being came from Williams's son, Heath, and her husband, David Greenwell. Heath Williams testified, \u201c[Williams] was unbearably stressed out already. During the course of the summer \u2024 it really felt like, it was like being under siege if you can understand \u2024 there were telephone calls and everything. It just seemed constant, you know \u2024 [t]here didsn't seem to be any end to the harassment that was going on. And of course she was afraid most of the time.\u201d David Greenwell testified: Well, to be specific, she suffered a tremendous trauma, but it is exhibited in her behavior in the need of having a safe environment, a person around her who could give her security\u2024 So it would reinforce a sense of a lost safety and security in her. She suffered tremendous insomina [sic], clinched hands, but in the household itself, like telephone ringing, knock on the door, or just going outside call it hypervigilance, being aware of her surroundings, making sure that she is safe or feels safe. 2/22/25, 6:50 v (2004) \| FindLaw 13/26 \u00b6 39. Under these facts, if they are accepted and believed by a properly instructed jury, we find mental anguish and emotional distress for the breach of contract to be both foreseeable and recoverable. However, Williams's right to recover damages from for mental anguish and emotional distress springs only from the breach of contract, not from the tortious conduct of Stamper. \u00b6 40. There is a fine line between Stamper's objective wrongful conduct and his subjective impact on the entire academic climate or environment of which he was an integral part. Thus, upon retrial, the jury must be carefully instructed to separate any mental anguish and emotional distress caused by Stamper's assault and unauthorized tortious conduct, and award damages, if any, for mental anguish and emotional distress only for the breach of contract, that is, only for Williams's denied opportunity to receive her doctorate. III. Denial of re: Mississippi Tort Claims Act \u00b6 41 and the professors also moved for judgment notwithstanding the verdict arguing that the Mississippi Tort Claims Act, Miss.Code Ann. \u00a7 11-46-7(1) et seq., provides that the is the exclusive remedy for the damages sought by Williams, which clearly sound in tort. They argue that the proper vehicle for the relief sought by Williams against and the professors is the MTCA. Their primary argument was that the trial by jury, which was in contravention of the plain language of the statute, was manifest error. Citing Miss.Code Ann. \u00a7 11-46-13(1 argued: trial of any and all torts is to the bench and not a jury. The waiver of immunity by the Legislature contains certain limitations, including the requirement that the Court be the finder of fact. Failure to comply with the statute destroys the Court's jurisdiction in this matter. The jury in this case heard and considered evidence that dealt exclusively with torts such as trauma, assault, sexual harassment, trespass, emotional distress, harassing telephone calls, and other such claims\u2024 \u00b6 42. The record clearly reflects that the parties considered separating the jury issues: namely, the \u00a7 1983 claim and the contract claim, from the tort claims. Just how they planned to accomplish this is anything but clear. According to USM: \u201cWhile there was much discussion among the lawyers and the Circuit Judge regarding the proper procedure for handling this case, the record is not clear in this regard.\u201d Williams's attorney, in response to USM's motion for directed verdict, stated: \u201c[T]he issues are not for the jury as his Honor is aware. In my personal experience in other jurisdictions, the Court often takes those under advisement and simply addresses those later\u2024\u201d Later, in response to USM's motion for judgment notwithstanding the verdict, Williams stated: It is also inappropriate and highly inaccurate for the Defendants to contend that the Mississippi Tort Claims Act (MTCA) had any bearing on the jury's verdict since no torts were presented to the jury. It was announced by Plaintiff's counsel in open court, in Chambers to the court and to counsel opposite, 2/22/25, 6:50 v (2004) \| FindLaw 14/26 and to counsel opposite personally that the Court, not the Jury, would be addressing the tort issues\u2024 The Court will, in due course, resolve all issues regarding tort relief if any. \u00b6 43. Notwithstanding this pronouncement, tort claims were clearly before the jury, and the circuit court gave the following instruction: Among the elements of injury and harm for which compensation may be awarded are: emotional harm, if any, to Davida Williams during and after the damages received, including emotional distress, humiliation, personal indignity, embarrassment, fear, anxiety, and/or anguish which Davida Williams suffered\u2024 Thereafter, the jury returned a general verdict in favor of Williams in the sum of $800,000 \u201cactual damages.\u201d Obviously, the circuit court did not \u201cin due course resolve all issues regarding tort relief,\u201d but rather simply entered a final judgment based entirely on the jury's general verdict. \u00b6 44. While and the professors, in their answer, properly raised the affirmative defense that the was the exclusive remedy for the harms alleged by Williams, they did not seek pre-trial adjudication of that issue. They readily submitted jury instructions yet in their post-trial arguments rely primarily on the jury issue. \u00b6 45. Our review of the record reveals that there was a total absence of any effort or intent on behalf of Williams to comply with the Mississippi Tort Claims Act. No notice of claim as required by Section 11- 46-11 was ever filed. Thus, the statute of limitations has long since run, and any recovery under the tort claims act is barred. We again emphasize that the decision to totally ignore pursuit of a Mississippi Tort Claims Act suit and to opt instead to pursue a contractual or other claim of recovery for damages, is appropriate only in rare circumstances. If the plaintiff so chooses and is unable to meet the stringent requirements for recovery on other theories, the decision may result in no damages awarded to the plaintiff. IV. Remittitur or Remand \u00b6 46 asks for a remittitur to the $50,000 damage cap which would be the maximum available had this matter been tried under the Tort Claims Act, or in the alternative, a new trial. After considering both options, we conclude that the damages awarded were too speculative based upon the evidence presented at trial. When the focus is on a monetary remedy, that remedy must be such that the breaching party is not charged beyond the trouble the breach caused. Frierson v. Delta Outdoor, Inc., 794 So.2d 220, 225 (Miss.2001) (citing Wall v. Swilley, 562 So.2d 1252, 1256 (Miss.1990)). The law limits speculation and conjecture and imposes duties of mitigation to the injured party. Id. Specifically, damages may only be recovered when the evidence presented at trial \u201cremoves their quantum from the 2/22/25, 6:50 v (2004) \| FindLaw 15/26 realm of speculation and conjecture and transports it through the twilight zone and into the daylight of reasonable certainty.\u201d Id. \u00b6 47. We hold that there was a valid contract between and Williams and that breached the contract and is, therefore, liable for damages arising from that breach. However, the damages awarded at trial were too speculative, and the evidence insufficient to be relied upon as proof for such damages \u00b6 48. We conclude that the circuit court should have granted USM's motion for regarding Williams's \u00a7 1983 claim and regarding the applicability of the Mississippi Tort Claims Act. We affirm the trial court's denial of USM's motion for regarding Williams's contract claim. We reverse the judgment awarding damages, and we remand this case for a new trial consistent with this opinion and limited to the sole issue of Williams's damages arising from USM's breach of contract. \u00b6 49 PART. \u00b6 50 agree with the majority regarding the dismissal of the 42 U.S.C. \u00a7 1983 claim and that recovery under the Mississippi Torts Claims Act, Miss.Code Ann. \u00a7\u00a7 11-46-1 to 11-46-23 (Rev.2002 & Supp.2004), is barred also agree that Williams does have a cause of action for breach of contract and mental anguish resulting from the breach. However disagree with the result the majority reaches would reverse and remand for a new trial on both liability and damages on the breach of contract claim. Therefore respectfully dissent in part. \u00b6 51. The damages awarded in this convoluted trial, as the majority points out, were too speculative based upon the evidence presented at trial. However, the majority reverses and remands for a new trial only on the issue of damages. The majority fails to recognize that this damage award clearly evinces bias and prejudice on the part of the jury. In my view, allowing evidence of the torts associated with the Mississippi Torts Claim Act infected the entire trial. This Court cannot reasonably ascertain whether the jury found actual liability or was prejudiced by the introduction of the torts that should never have been brought before the jury because they were barred under the Mississippi Torts Claim Act. The result would have been vastly different had the jury only been allowed to consider the breach of contract issue and the torts associated with the mental anguish resulting from the breach. \u00b6 52. In my separate opinion in Gamble v. Dollar General Corp., 852 So.2d 5, 21 (Miss.2003) (Smith, P.J., concurring in part and dissenting in part concluded that the damage was already done because the extensive prejudicial and irrelevant evidence was already placed before the jury, and would have reversed and remanded for a new trial on the issue of liability and damages. This is the same situation in the case sub judice. The trial judge allowed all of the issues to be tried together, and this improper evidence clearly influenced the jury as shown by the amount of damages the jury awarded to Williams. 2/22/25, 6:50 v (2004) \| FindLaw 16/26 \u00b6 53. In Gamble cited a Third Circuit case which held that evidence submitted on one claim can have an improper effect on another claim. Rush v. Scott Specialty Gases, Inc., 113 F.3d 476 (3d Cir.1997). In that case the district court found that Rush's failure to promote and train claim was not time barred. Id. at 483. The Third Circuit reversed the district court finding that the failure to promote and train claim was time barred and the introduction of evidence with respect to this claim infected the entire trial. Id. at 480. It held that \u201cthe presence of the failure to promote and train claim and the introduction of evidence related to and supporting that claim infected the jury's liability verdicts on the sexual harassment and constructive discharge claims as well as the verdict for the damages.\u201d Id. at 485. \u00b6 54. As the majority correctly points out, the tort claims under the Mississippi Torts Claim Act are barred. It is obvious from the record that both the plaintiff and defendants treated this case as a Tort Claims Act case and proceeded to trial with the understanding that the trial judge would ultimately decide the Tort Claims Act issue separate from the jury. However, evidence of those torts was wrongly brought before the jury. In my view, the admission of this evidence infected the entire trial as to both liability and damages. As the court in Rush held and as stated in my separate opinion in Gamble, the introduction of the evidence relating to the claim infected the jury's liability verdict as well as the verdict for damages. It is also not possible to ascertain what portions of the damages were attributable to the time-barred torts claim. Furthermore am unable to find that the evidence of the time-barred torts action did not affect the jury's verdict on liability as to the other claims would therefore reverse and remand for a new trial on both liability and damages on the breach of contract claim. \u00b6 55. For these reasons respectfully concur in part and dissent in part. \u00b6 56 respectfully concur in part and dissent in part with the majority's opinion today. \u00b6 57. In the second issue entitled as the \u201cdenial of re: Williams's contact claim\u201d the majority addresses a breach of contract claim and whether a plaintiff can recover for mental anguish and emotional distress. Indeed, the majority finds that, despite conflicting testimony, \u201cthere is sufficient evidence that and its employees breached the duty of good faith and fair dealing in their relationship with Williams.\u201d The majority also holds that \u201c[t]here is evidence that and its employees knowingly conducted themselves in ways which violated standards of decency, fairness, and reasonableness agree. \u00b6 58. The majority attempts to clarify the emotional distress issue for breach of contract actions. While the majority found that a claim for mental anguish and emotional distress for the breach of contract to be both foreseeable and recoverable, the majority found that Williams could only recover damages from for breach of contract and not the tortious conduct of Stamper. \u00b6 59. Arguably, the majority is correct in determining that is not responsible for the initial assault by Stamper. However, in order for a jury to have a clear understanding of the full scope of breach of 2/22/25, 6:50 v (2004) \| FindLaw 17/26 contract and the mental anguish and emotional distress issues believe that the jury is entitled to hear about the tortious act. Otherwise, the jury will not have an understanding of the foundation of Williams's claims. The majority alludes to carefully constructed jury instructions. This suggestion is not without merit. However am concerned that the jury needs full knowledge of the tortious actions of Stamper and other staff, in order to make a properly informed decision on the breach of contract and mental anguish and emotional distress issues as pertain to any potential liability on the part of USM. \u00b6 60 was put on notice numerous times concerning the actions of its employees, Stamper and others did nothing to stop the actions of its staff from impeding Williams in her pursuit of a Ph had knowledge of its staff's actions which ultimately hindered Williams from receiving her diploma and refused to protect and assist its student in completing her education despite knowing the actions of its staff allowed its staff to continue to act in an inappropriate, unprofessional manner toward its student and therefore acquiesced to staff behavior to the detriment of its student. \u00b6 61. Here, Williams testified that she complained to Dean Harper and to the English Department Chair Wheeler concerning Stamper's actions. Indeed, Williams notified on a number of occasions that she was having problems with staff. These actions would consequently affect her ability to receive her diploma. Williams claimed that Stamper went to her home to discuss dissertation revisions in August or September 1990 and also assaulted her. Williams promptly reported the incident to Dean Harper, the Dean of the College of Liberal Arts and Dr. Wheeler. Thus was on notice of the actions of Stamper that ultimately interfered with the receipt of her diploma. Part of an agreement was to remove Stamper from her dissertation committee. However, Stamper later testified that he was not notified of his removal from her committee. Another professor testified that never notified him that he was now on Williams's committee. \u00b6 62. In May 1991, Williams again notified Dean Harper of another staff's inappropriate behavior and informed him of Stamper's continued unwanted contacts. In December 1995, Williams yet again sent a letter to Dean Harper informing him that she was still being harassed and asking for his assistance. In January 1996, a graduate director responded to Williams's concerns expressing sympathy but providing no assistance or resolution for Williams's complaints. Further, Williams attempted to contact McCraw, the newly assigned dissertation chair, for four years without any response. Williams finally had a meeting with personnel failed to follow-up on the meeting. Following this, Williams requested a status report and received no response. Therefore, she filed suit. \u00b6 63. Again, it is arguable that had nothing to do with the initial assault by Stamper. However, the above facts demonstrate that Williams promptly placed on notice of Stamper's actions. It is disputed as to whether Williams told official of an \u201cassault\u201d or merely inappropriate behavior. Nevertheless had almost immediate notice of these actions. Once had notice of these actions, including continued actions by Stamper and subsequent actions by various other staff 2/22/25, 6:50 v (2004) \| FindLaw 18/26 members did nothing to assist Williams with these hindrances and obstacles to her diploma. While carefully constructed jury instructions may be warranted, the jury also has to have an opportunity to truly appreciate the nature of the actions or lack there of by in confronting the problems Williams faced and her eventual inability to obtain her diploma. \u00b6 64. USM's indifference to the adverse conduct towards Williams sends a terrible message to all women on every college campus had a duty to protect all of its students and staff, regardless of gender or position. Discrimination and harassment by staff towards a student cannot be tolerated. USM's actions or lack of action in this case has made Williams a victim would affirm the denial of the JNOV. In addition would remand to the trial court on the issue of damages and allow the jury to hear the complete facts, including the tortious acts of Stamper, in order for the jury to have a thorough understanding of Williams's basis for her breach of contract claim. For the above reasons must respectfully concur in part and dissent in part 1. Dr. Harry McCraw died soon after the suit was filed, and prior to trial, his estate was dismissed. 2. Dr. Rex Stamper was the committee chair and is from time to time in the record referred to as chair, major professor, or dissertation director. Members of the initial committee were Drs. David Wheeler, Harry McCraw, Thomas Richardson, and Kenneth Watson. There was testimony from Dr. Wheeler that there may be two committees involved in the doctoral process, the exam committee to evaluate the exam and a different dissertation committee. He then went on to say that Williams had a doctoral committee, and whether this was her dissertation committee or not, he didn't know. There is no reference in the record to indicate a different \u201cexam committee\u201d, and it appears that the terms \u201cdoctoral committee\u201d and \u201cdissertation committee\u201d are used interchangeably. There apparently was an initial dissertation committee as stated immediately above, and at some time after the September 1990 meeting at which Williams voiced her complaints and asked for a new chair of the committee, Dr. Anne Wallace was added, and Dr. McCraw was named the new chair or director. Dr. Will Lyddon, who was requested by Williams, was never added, and the second rejection of the dissertation was approved by Drs. McCraw, Wallace and Watson only.Drs. Richardson and Wallace were the only two witnesses called to testify on behalf of and the professors. Both of them denied being on Williams's dissertation committee, although contradictory evidence is also found in the record. 3 (All But Dissertation) is a common designation used for doctoral students who have completed all requirements but the completion and defense of their dissertation. 4. According to testimony by Dr. Wheeler, infra, the designation Eng 898 appears on the transcript of a student who is \u201cactively working on a dissertation.\u201d It appears on Williams's transcript only in the spring and fall of 1987. There is no testimony which indicates that the absence of such transcript designation 2/22/25, 6:50 v (2004) \| FindLaw 19/26 means or implies that a student is not working on the dissertation. There were tuition costs involved when the enrollment designation was shown, and none thereafter. 5. Williams's account of the assault was that Stamper just appeared at her door, and she was stunned. He had her dissertation in his hand and said that he had read it that weekend. As she put it didn't say anything because now I'm like totally distrustful. And he just came on in didn't invite him and he just came on through the door. He's aggressive in that way.\u201d She said she was upset and scared but confronted him with what she had been told by Jessie Stevens, a staff person in the English department: \u201c \u2018[A]fter you promising me that you are, after three years now, that you're going to get me defended this semester, she just told me you're not even going to be on campus, that you're taking sabbatical leave.\u2019 And he just laughed and said, \u2018well don't worry about it; we'll have plenty of time; we'll have lots of fun.\u2019 And at that time he pushed me \u2024 backwards on top of the glass table \u2024 and he was on top of me and running his hands all over me, my private parts, and he seemed to be enjoying it immensely, and he said \u2024'[d]on't worry about your doctorate \u2024 because when sign off on your dissertation, the rest of the committee members will do what tell them.' \u201d Williams explained that she was able to get away from Stamper was hysterical, and was screaming at the top of my lungs, get out of here, get out of here, and he left.\u201d He also implied \u201cno sex, no dissertation, no Ph.D.,\u201d according to Williams.Stamper admitted going to Williams's home, but testified that \u201cher recollection of that event and my recollection are totally separate.\u201d He acknowledged that he had gone to her home some 25 to 30 times over a six-year period and admitted that he remembered having sexual intercourse with her in her home on four occasions \u201cbetween 1985 through 1986 had no relations with her from \u203287, \u203288 and further.\u201d 6. The record does not reflect that the unspecified injunctive relief pled by Williams would include that her current dissertation be approved, or even that she is asking to continue in the doctoral program. She primarily seeks monetary damages for the harm which has been done. 7. Jury Instruction P-10 provided the elements of damages, as follows:In fixing compensatory damages you should determine the amount of money which will, in your judgment, reasonably and fairly compensate for any harm of any kind which was proximately caused by the wrongful conduct of the Defendants. Among the elements of injury and harm for which compensation may be awarded are:A. Emotional harm, if any, to during and after the damages received, including emotional distress, humiliation, personal indignity, embarrassment, fear, anxiety, and/or anguish which suffered;B. Money lost;C. contractual losses, if any, that she should be awarded, and this award should place her in as good a position as she would have been if she had not been subjected to the breach of contract.No objection to this instruction was made by counsel for the defendants. 2/22/25, 6:50 v (2004) \| FindLaw 20/26 8. The plaintiffs received death threats from an armed man who shot at their vehicle, handcuffed them, and took them prisoner. COBB, Presiding Justice, for the Court PARTICIPATING. 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, 6:50 v (2004) \| FindLaw 21/26 v (2004) Docket No: No. 2003-CA-00190-SCT. Decided: November 10, 2004 Court: Supreme Court of Mississippi. 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, 6:50 v (2004) \| 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, 6:50 v (2004) \| 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, 6:50 v (2004) \| 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, 6:50 v (2004) \| FindLaw 25/26 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 6:50 v (2004) \| FindLaw 26/26", "7824_107.pdf": "43\u00b0 Biloxi \uf0c9 News Watch Live Video jury awarded $800,000 Tuesday to a former student in a sexual harassment lawsuit against the University of Southern Mississippi. Davida Williams claimed that she was sexually harassed by former English professor Rex Stamper, and the university did not do enough to help her obtain her doctorate degree once the harassment was discovered. University Counsel Lee Gore said Tuesday the university will appeal the case to the state Supreme Court. \"We are very disappointed with the outcome,'' Gore said. \"The fact that the court dismissed the individual defendants from the case show that the administration did everything it could do and everything it was supposed to do.'' Forrest County Circuit Court Judge Dicky McKenzie on Monday dismissed claims against liberal arts dean Glenn Harper and retired vice president David Huffman. Williams' attorney Kim Chaze did not return calls to his office Tuesday, but said on Monday that Harper and Huffman did not help her client earn her degree. \"If they would've rectified this situation, we wouldn't be here today,'' Chaze said. Gore said that Williams did not do the work necessary to complete her degree. \"Although the jury was well-intentioned, we believe they were mistaken because the evidence showed that the plaintiff did not do the work necessary to earn a doctorate,'' Gore said. \"All of the faculty who reviewed her work found that it was not up to date and it was not complete.'' Huffman, who investigated Williams' complaints in 1996, testified on Monday that Williams' work was substandard concluded the dissertation was unacceptable,'' Huffman said. \"All of those evaluators rejected the dissertation.'' Huffman also testified that Stamper led him to believe there was no inappropriate behavior. Gore said Tuesday Stamper's behavior was not sanctioned by the university. \"The university did not condone those actions nor did it approve those,'' Gore said. Stamper testified that he and Williams had consensual sex four times from 1985 to 1986 when she was a student. Williams denies that. Williams husband and son testified Monday that Williams' was emotionally and physically affected by the harassment. \"We watched her lose weight, gain weight, her hair fall out,'' said David Greenwell, Williams' husband. \"The insomnia would be all the time. To this day, she still has it. There's a constant anxiety. It never, ever goes away.'' Jury Awards Former Student $800,000 Published: Jul. 30, 2002 at 9:14 Packaging Machines \| Search Ads \| Sponsored Top Packaging Trends In 2024 - Take Look Search Now Villas For Sale in Dubai Might Surprise You 2/22/25, 6:50 Jury Awards Former Student $800,000 1/5 Villas in Dubai \| Search Ads \| Sponsored Get Deals Amusement Park Equipment \| search ads \| Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Luxury Sofa \| Search ads \| Sponsored Jobs Online \| Search Ads \| Sponsored Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices Kitchen Remodeling \| Search Ads \| Sponsored Here Are The New Kitchen Trends In Punjab (Click To See) Search Now Do you speak English? Work Job From Home In Pakistan Kingdom Of Men \| Sponsored Prefabricated Homes \| Search Ads \| Sponsored Dera Bakha: Unsold Prefabricated Houses Are on Sale (Take a Look at Prices) Learn More Travel To These 15 Bucket List Worthy Beaches Therapy Search Ads \| Sponsored These Are The Best Breast Therapy From Punjab Price Might Surprise You Start Therapy for a Better Tomorrow Click Here installs new RS-25 engine at Stennis Space Center Wesley's Friday Morning First Alert Forecast Washing Machine \| Search Ads \| Sponsored Dera Bakha: Unsold Washing Machines Are Selling For Almost Nothing! Learn More Luxury Villa In Dubai \| Search Ads \| Sponsored Villas For Sale In Dubai Might Surprise You (Check Now) Learn More Digital Marketing Jobs Search Ads \| Sponsored Start Your Career in Punjab [Apply Today] Start Your Digital Marketing Career Click Here \uf057 2/22/25, 6:50 Jury Awards Former Student $800,000 2/5 Most Read Truck Driving Jobs \| Search Ads \| Sponsored Pergola Suppliers \| Search Ads \| Sponsored Buccal Fat Removal \| Search Ads \| Sponsored Truck Driver's Salary in the Canada Might Surprise You Best Pergolas in Portugal 2024 (See The List) Cost Of Buccal Fat Removal Might Surprise You Planetary Parade will soon be visible in the evening sky \uf144 Biloxi man in custody after shooting at Porter Ave. apartment leaves 1 dead \uf057 2/22/25, 6:50 Jury Awards Former Student $800,000 3/5 \uf144 Moss Point man sentenced for aggravated assault after hitting 3 women in the head with a gun \uf144 Senate committee passes tax reform plan as House version garners new support \uf144 Bricen Rivers pleads not guilty to murder of Lauren Johansen Trump fires chairman of the Joint Chiefs of Staff \uf144 South Mississippians seeing surge in scamming attempts \uf144 Gulf Coast Amtrak service on track for June return \uf057 2/22/25, 6:50 Jury Awards Former Student $800,000 4/5 Public File (228) 896-1313 - [email protected] Report Applications Closed Captioning/Audio Description Privacy Policy Terms of Service 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 Home News Weather Sports About Us Watch Live Submit Photos & Videos 208 DeBuys Road Biloxi 39531 (228) 896-1313 2/22/25, 6:50 Jury Awards Former Student $800,000 5/5"}
8,278	Todd Mulzet	University of California ‚Äì Berkeley	[ "8278_101.pdf", "8278_102.pdf", "8278_103.pdf", "8278_104.pdf", "8278_105.pdf", "8278_106.pdf" ]	{"8278_101.pdf": "Victim of Sexual Harassment at Cal Insists Violators Should Be Named By Sara Hossaini Apr 7, 2016 Save Article Donate 2/22/25, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 1/6 2/22/25, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 2/6 Tyann Sorrell, onetime executive assistant to former Berkeley Law Dean Sujit Choudry, who was found to have sexually harassed her, reacts to what she calls 'a pattern' of the school's mishandling of such cases. (Sara Hossaini/KQED) The Berkeley executive assistant who has filed a sexual harassment suit against her ex-boss, former law school dean Sujit Choudry, says Cal should automatically release the names of people found to have violated campus sexual harassment policies. Tyann Sorrell said during a press conference yesterday she was heartbroken to learn of 11 new cases made public this week. Sorrell's is one of 17 sexual harassment cases substantiated over the past seven years. That's according to a trove of documents Cal recently released in response to public records requests by media, including KQED. The cases provide more clues as to how the university handles those found likely to have committed sexual harassment. Eleven confirmed perpetrators were either fired or resigned, while six others were punished but allowed to keep their jobs. Those who were allowed to stay on include diving coach Todd Mulzet, even though he was found to have routinely sexually harassed what appears to be an athletics maintenance worker. Mulzet offered to pay that worker for oral sex. Sponsored The worker told investigators he simply wanted the behavior to stop. Mulzet\u2019s punishment was a 5 percent pay cut over two months in lieu of suspension. Others who harassed students, such as an adjunct professor, a cafeteria manager and a custodian, were fired or resigned. The university did not initially move to fire any of the higher-level faculty or administrators, such as Choudry. The Case of Tyann Sorrell 2/22/25, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 3/6 Sorrell, a married mother of five, has been on leave from her job since March 2015 after complaining about Choudry's inappropriate behavior. Investigators found Sorrell credible, stating that it was more likely than not that Choudry hugged, kissed and harassed her over eight months, once putting her hands on his waist and rubbing it. Choudry admitted to the latter, but insisted there was no sexual intent. Even so, Choudry was initially given a 10 percent pay cut, ordered to write Sorrell an apology and directed to an in-person sexual harassment training. Sorrell decided to sue, and Choudry has since resigned from his post, though he is still receiving pay as tenured faculty. Under public pressure President Janet Napolitano barred him from campus and ordered an Academic Senate review, which could end in his tenure being revoked. Sorrell accuses Cal of suppressing reports like hers, and insists that survivors should help lead the university's reform efforts. She says the campus community should not have to depend on public records requests in sexual harassment cases and should be immediately notified after misconduct is confirmed. \"That's the minimal consideration and respect that you can show people who are attending that university, who are working at that university and who are donating to that university. It's our right,\" Sorrell says. Some caution that this sort of move would amount to a \"professional death penalty,\" no matter the severity of the offense. While Berkeley spokesman Dan Mogulof says Chancellor Nicholas Dirks' newly formed sexual misconduct committee will consider including survivors, as well as issues of transparency, he denies the school has withheld information. \"The records are out, we have responded to requests to see them and always will,\" Mogulof says. \"These are societal questions - - whether entities, companies, nonprofits, should begin releasing the names of anyone and everyone who violated sexual harassment policies. It's an important discussion.\" Mogulof says the committee will begin reviewing the university's policies next week. California News 2/22/25, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 4/6 Stay in touch. Sign up for our daily newsletter. To learn more about how we use your information, please read our privacy policy. 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 Top California Democrats Clash Over How To Rein In Drug Industry Middlemen Health News Radio News Science Donate Help Center Email Address: Sign Up 2/22/25, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 5/6 Podcasts Events Newsletters Mobile Apps For Educators For TV/Film Producers Arts & Culture Technology Labor Crossword 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, 6:51 Victim of Sexual Harassment at Cal Insists Violators Should Be Named 6/6", "8278_102.pdf": "More Berkeley sex-harassment cases revealed Published April 6, 2016 5:49pm \| News 2 \| \| \u25c0\ufe0e \u25b6\ufe0e Watch Live 2/22/25, 6:51 More Berkeley sex-harassment cases revealed 2 1/4 (KTVU) - The sex-harassment scandal at Berkeley grew bigger today, with news that 19 university employees violated campus policies, much more than what was previously known. Also today, a woman suing the former Berkeley Law School dean for unwanted touching spoke out. She says the new cases are proof that the university is doing a poor job addressing the issue. The woman, Tyann Sorrell, served as the executive assistant for former dean Su Choudhry, who resigned last month after she accused him of repeatedly touch her against her will. Now, she says Berkeley deliberately kept many of these new cases quiet. Sorrell says she's had enough, and that's she's saddened by all the sex- harassment cases that are only now coming to light, tarnishing the university's reputation. at a news conference at the Oakland office of her attorney, Sorrell said she's \"ju heartbroken that more people have gone through this. The numbers, in the litt amount of time, makes me wonder what happened before, what's happening now.\" Image 1 of 2 \u25bc 2/22/25, 6:51 More Berkeley sex-harassment cases revealed 2 2/4 Late Tuesday Berkeley released more than 400 pages of documents about faculty or staff members who the campus says violated sexual harassment policies in the past seven years. Eleven of these cases had never before been made public. Of these cases, seven employees resigned or were fired. Seven of the alleged victims were students. One of the new cases involved assistant diving coach Todd Mulzet, who was accused of making sexual comments to a male co-worker and offering him $30 for oral sex. Mulzet denied the allegations. His pay was cut, but he kept his job. But Howard D'Abrera, an adjunct statistics professor, resigned after being accused of inviting a student over e-mail to Hawaii for a \"dirty smoke-filled weekend of unadulterated guilty pleasure and sins.\" Other previously unreported cases involve a custodian who allegedly watched a female student showering, a massage therapist accused of sexually assaulting a female student during a massage and a painter reportedly caught having sex in vacant campus apartment. Last month, Sorrell filed a sexual harassment lawsuit against the university and Choudhry. She was his executive assistant. His pay was docked by 10 percent, and he resigned as dean -- but still remains on the faculty. Sorrell said she received an apology letter from Choudhry, several months afte he had been directed by university officials to write her. \"It didn't feel sincere.\" 2/22/25, 6:51 More Berkeley sex-harassment cases revealed 2 3/4 All this is in addition to the cases involving former astronomy professor Geoffre Marcy, former vice chancellor Graham Fleming and Yann Hufnagel, an assistant Cal basketball coach that the university wants fired. Critics say the campus discipline is uneven. \"The problem is that once there is a finding of sexual harassment, they fail to ta sufficient action to discipline the harasser,\" said Winer, Sorrell's attorney. in a statement, Choudhry's attorney Naomijee Rustom said, \"He is confident th he will be vindicated in court. He should be judged on the basis of his conduct not on that of others accused of sexual harassment Berkeley officials say they've named an interim law school dean and a point person to respond to sexual harassment. Both are women. There is also now a chancellor's committee to deal with the issue. This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations y f t t 2/22/25, 6:51 More Berkeley sex-harassment cases revealed 2 4/4", "8278_103.pdf": "By By \| Bay Area News Group \| Bay Area News Group UPDATED: UPDATED: August 11, 2016 at 10:56 August 11, 2016 at 10:56 Cal head Coach Cuonzo Martin, right, and assistant coach Yann Hufnagel react after a basket against Cal head Coach Cuonzo Martin, right, and assistant coach Yann Hufnagel react after a basket against Oregon State in the first half of an game at Haas Pavilion in Berkeley, Calif., on Saturday, Feb. 13, Oregon State in the first half of an game at Haas Pavilion in Berkeley, Calif., on Saturday, Feb. 13, 2015. (Ray Chavez/Bay Area News Group) 2015. (Ray Chavez/Bay Area News Group \u2014 Just days after vowing to fight the university\u2019s efforts to fire him, Cal assistant \u2014 Just days after vowing to fight the university\u2019s efforts to fire him, Cal assistant basketball coach Yann Hufnagel resigned Thursday, blaming the \u201ctoxic environment\u201d of a basketball coach Yann Hufnagel resigned Thursday, blaming the \u201ctoxic environment\u201d of a campus stained by scandal and abruptly ending a high-profile effort to clear his name from a campus stained by scandal and abruptly ending a high-profile effort to clear his name from a sexual harassment complaint. sexual harassment complaint Berkeley sex harassment scandal Berkeley sex harassment scandal leads to different fates for two coaches leads to different fates for two coaches 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 1/9 The sudden shift came as Hufnagel was appealing Berkeley\u2019s decision to oust him after a The sudden shift came as Hufnagel was appealing Berkeley\u2019s decision to oust him after a university investigation determined he tried to lure a female reporter up to his apartment for university investigation determined he tried to lure a female reporter up to his apartment for sex and sent her sexually suggestive text messages over the course of months. sex and sent her sexually suggestive text messages over the course of months. But one of the most telling things that the coach\u2019s downfall may come to represent in But one of the most telling things that the coach\u2019s downfall may come to represent in Berkeley\u2019s growing sexual harassment scandal is how his fate was so different from that of one Berkeley\u2019s growing sexual harassment scandal is how his fate was so different from that of one of his fellow coaches in Cal\u2019s athletic department. of his fellow coaches in Cal\u2019s athletic department. Cal diving coach Todd Mulzet made sexual comments \u201chundreds of times\u201d to a staff member at Cal diving coach Todd Mulzet made sexual comments \u201chundreds of times\u201d to a staff member at the university\u2019s diving facility, offered him money to give him oral sex and inappropriately the university\u2019s diving facility, offered him money to give him oral sex and inappropriately touched him, university investigators found. touched him, university investigators found. Far from losing his job, Mulzet was docked $455 in pay and told to take a sexual harassment Far from losing his job, Mulzet was docked $455 in pay and told to take a sexual harassment class. class. \u201cThe difference is stark beyond belief,\u201d Hufnagel\u2019s attorney Mary McNamara said Wednesday \u201cThe difference is stark beyond belief,\u201d Hufnagel\u2019s attorney Mary McNamara said Wednesday when contacted by this newspaper after a public records request uncovered how 19 university when contacted by this newspaper after a public records request uncovered how 19 university employees have violated Berkeley\u2019s sexual harassment policy since 2011. employees have violated Berkeley\u2019s sexual harassment policy since 2011. The violators received a wide range of disciplines \u2014 from written censor to demotion and The violators received a wide range of disciplines \u2014 from written censor to demotion and salary cuts to termination \u2014 but the difference between Hufnagel\u2019s and Mulzet\u2019s punishments salary cuts to termination \u2014 but the difference between Hufnagel\u2019s and Mulzet\u2019s punishments provide the most vivid example of the disparity: Both of their investigations began last year, and provide the most vivid example of the disparity: Both of their investigations began last year, and both of their disciplines were handled by the athletics department. both of their disciplines were handled by the athletics department. Athletic Director Michael Williams was not available for interviews Thursday, a spokesman said. Athletic Director Michael Williams was not available for interviews Thursday, a spokesman said. While university officials refuse to comment on the decisions behind the disciplines, spokesman While university officials refuse to comment on the decisions behind the disciplines, spokesman Dan Mogulof acknowledged the need for change. He said inconsistencies in how employees are Dan Mogulof acknowledged the need for change. He said inconsistencies in how employees are punished is something that a new university committee \u201cwill look at very closely.\u201d punished is something that a new university committee \u201cwill look at very closely.\u201d The revelations about Mulzet, publicly unknown until Tuesday night, cannot result in any The revelations about Mulzet, publicly unknown until Tuesday night, cannot result in any further discipline under state personnel laws, Mogulof said. \u201cWe cannot roll back the hands of further discipline under state personnel laws, Mogulof said. \u201cWe cannot roll back the hands of time.\u201d time.\u201d Read More Read More 00:00 00:00 02:00 02:00 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 2/9 Hufnagel, his supporters insist, was a victim of timing. Hufnagel\u2019s was the third in a succession Hufnagel, his supporters insist, was a victim of timing. Hufnagel\u2019s was the third in a succession of high-profile sex harassment cases that rocked the university in recent months and led to an of high-profile sex harassment cases that rocked the university in recent months and led to an outcry over how Berkeley administrators mete out discipline. outcry over how Berkeley administrators mete out discipline. Esteemed astronomy professor Geoff Marcy resigned last year amid a public outcry that he was Esteemed astronomy professor Geoff Marcy resigned last year amid a public outcry that he was given warnings after investigators found he had harassed graduate students for years. Then given warnings after investigators found he had harassed graduate students for years. Then law school Dean Sujit Choudhry stepped down to a faculty position after he was named in a sex law school Dean Sujit Choudhry stepped down to a faculty position after he was named in a sex harassment suit by his former executive assistant. harassment suit by his former executive assistant hotshot recruiter credited with helping rebuild the Golden Bears men\u2019s basketball team to hotshot recruiter credited with helping rebuild the Golden Bears men\u2019s basketball team to prominence, Hufnagel hired a public relations team to press his claim that he had become a prominence, Hufnagel hired a public relations team to press his claim that he had become a scapegoat. scapegoat. \u201cCal has wronged an innocent man, and they must correct their error,\u201d McNamara said in a \u201cCal has wronged an innocent man, and they must correct their error,\u201d McNamara said in a news release issued Monday by San Francisco public relations maven Sam Singer. news release issued Monday by San Francisco public relations maven Sam Singer. Hufnagel claimed that he and the reporter had a \u201cmutual flirtation\u201d and his legal team released Hufnagel claimed that he and the reporter had a \u201cmutual flirtation\u201d and his legal team released text messages from the unidentified woman that he said backed up his claim. text messages from the unidentified woman that he said backed up his claim. But that came to a halt Thursday afternoon when Cal announced Hufnagel had dropped his But that came to a halt Thursday afternoon when Cal announced Hufnagel had dropped his appeal. appeal. \u201cThe toxic environment at Berkeley has made it impossible for Mr. Hufnagel to rejoin the \u201cThe toxic environment at Berkeley has made it impossible for Mr. Hufnagel to rejoin the basketball team he loves, even if he is vindicated in full, as the facts would show,\u201d McNamara basketball team he loves, even if he is vindicated in full, as the facts would show,\u201d McNamara wrote in a statement Thursday afternoon. He needed to protect his players \u201cas well as his own wrote in a statement Thursday afternoon. He needed to protect his players \u201cas well as his own future. Earlier this morning, and after much consideration, he decided it was time to move on.\u201d future. Earlier this morning, and after much consideration, he decided it was time to move on.\u201d Mogulof said he could not release the coach\u2019s resignation letter. Mogulof said he could not release the coach\u2019s resignation letter. Documents released Tuesday showed lurid details of harassment by professors and staff Documents released Tuesday showed lurid details of harassment by professors and staff members, and the one involving Mulzet, 53, stood out. members, and the one involving Mulzet, 53, stood out. \u201cWhat he did was very offensive stuff,\u201d said Ellen Mendelson, a San Francisco lawyer who \u201cWhat he did was very offensive stuff,\u201d said Ellen Mendelson, a San Francisco lawyer who specializes in public employment law and was not involved in the case. She said she found it specializes in public employment law and was not involved in the case. She said she found it troubling that his punishment was less severe than Hufnagel\u2019s. troubling that his punishment was less severe than Hufnagel\u2019s Cal staff member \u2014 whose name was redacted from the report \u2014 told investigators that Cal staff member \u2014 whose name was redacted from the report \u2014 told investigators that Mulzet made sexual comments to him on \u201chundreds of occasions\u201d over a year and a half, Mulzet made sexual comments to him on \u201chundreds of occasions\u201d over a year and a half, offered $300 to preform oral sex on him, and once climbed atop him witness overheard offered $300 to preform oral sex on him, and once climbed atop him witness overheard some of the comments, documents show. some of the comments, documents show. Mulzet, Cal\u2019s diving coach since 2010, did not return phone calls and emails Wednesday or Mulzet, Cal\u2019s diving coach since 2010, did not return phone calls and emails Wednesday or Thursday. He is a former diving coach at Emory University who won a gold medal in the 1994 Thursday. He is a former diving coach at Emory University who won a gold medal in the 1994 Gay Games, and according to numerous reports, once dated Hollywood billionaire David Gay Games, and according to numerous reports, once dated Hollywood billionaire David Geffen. Geffen. Mulzet denied the allegations, claiming the staffer made up the charges after Mulzet Mulzet denied the allegations, claiming the staffer made up the charges after Mulzet complained to higher-ups about the quality of his work. And one of his former Cal divers was complained to higher-ups about the quality of his work. And one of his former Cal divers was surprised by the allegations and called him \u201ca very honest guy.\u201d surprised by the allegations and called him \u201ca very honest guy.\u201d \u201cHe\u2019s one of the reasons decided to start coaching and make it a career,\u201d said Tom Henninger, \u201cHe\u2019s one of the reasons decided to start coaching and make it a career,\u201d said Tom Henninger, who was on the team when Mulzet took over in 2010 and is now a diving coach in Pennsylvania. who was on the team when Mulzet took over in 2010 and is now a diving coach in Pennsylvania. 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 3/9 \ue905 \ue905 Originally Published: Originally Published: April 7, 2016 at 7:42 April 7, 2016 at 7:42 But investigator Andrea LaCampagne wrote that Mulzet\u2019s defense was \u201cnot plausible,\u201d finding But investigator Andrea LaCampagne wrote that Mulzet\u2019s defense was \u201cnot plausible,\u201d finding that \u201cthere was no reason for the (staffer) to have any animus toward\u201d Mulzet and the man that \u201cthere was no reason for the (staffer) to have any animus toward\u201d Mulzet and the man \u201csimply got tired of being harassed.\u201d \u201csimply got tired of being harassed.\u201d The discipline letter that docked his pay warned him his behavior would be considered when The discipline letter that docked his pay warned him his behavior would be considered when his contract is up for renewal this month. his contract is up for renewal this month. Asked if the university would renew Mulzet\u2019s contract, Mogulof said, \u201cWe don\u2019t talk about Asked if the university would renew Mulzet\u2019s contract, Mogulof said, \u201cWe don\u2019t talk about personnel issues of that sort.\u201d personnel issues of that sort.\u201d Follow Thomas Peele at Follow Thomas Peele at Twitter.com/thomas_peele Twitter.com/thomas_peele.. Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine 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, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 4/9 Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade How Long Should Keep My Car? How Long Should Keep My Car? 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 5/9 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 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 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 6/9 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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? Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 7/9 Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 8/9 2016 2016 \ue907 \ue907April April \ue907 \ue90777 Should You Buy an Electric Car? Should You Buy an Electric Car? 2/22/25, 6:51 Berkeley sex harassment scandal leads to different fates for two coaches \u2013 The Mercury News 9/9", "8278_104.pdf": "Berkeley's image in question after several sexual harassment allegations surface By by Elissa Harrington Wednesday, April 6, 2016 BERKELEY, Calif. (KGO) -- One of the most respected and prestigious universities in the country is grappling with a scandal that threatens to ruin its image. The University of California Berkeley is dealing with a series of sexual harassment allegations, many involving key faculty and staff, and it's threatening to ruin its image. 24/7 Live 47\u00b0 2/22/25, 6:52 Berkeley's image in question after several sexual harassment allegations surface - ABC7 San Francisco 1/5 The University of California Berkeley is dealing with a series of sexual harassment allegations, many involving key faculty and staff. Tyann Sorrell worked as an executive assistant at the law school and is suing after she says the dean sexually harassed her. She feels the university was trying to sweep all these other cases under the rug and is demanding more transparency. \"It's just very disheartening,\" Sorrell said. Sorrell says she was heartbroken when she learned her sexual harassment case at Berkeley was among several others. Documents reveal there are 17 sexual harassment investigations since 2008 involving staff. Eleven have resulted in the accused being fired or resigning, six resulted in some other form of discipline and two are still pending. These include a custodian peeking at a woman in the shower, an adjunct professor who sent sexual emails to a student, and a massage therapist accused of touching a woman's genitals sat and wondered you know, what did the victims of these circumstances go through? Was it anything like went through? Was it worse?\" Sorrell said. Sorrell says she was forced to go on leave for complaining about the law school dean kissing and touching her. He has since resigned. Among those in the report who kept their jobs. 2/22/25, 6:52 Berkeley's image in question after several sexual harassment allegations surface - ABC7 San Francisco 2/5 Cal's diving coach Todd Mulzet. He was only docked pay when a co-worker accused him of making inappropriate sexual comments. \"I'm not here to defend past decision and nor can we turn back the hands of time. What we can do is advance our commitment to improve our policies, our practices and our culture,\" said Berkeley spokesperson Dan Mogulof. Public policy professor Michael O'Hare says the damage has already been done. \"Well it's already hurt Cal. We don't have statistics to show all the brilliant women who haven't applied to graduate school here and went somewhere else instead,\" said Berkeley professor Michael O'Hare Berkeley just launched the chancellor's committee on sexual violence, harassment, and assault. The mission is to strengthen prevention efforts. Copyright \u00a9 2025 KGO-TV. All Rights Reserved. Related Topics War Thunder War Thunder - Register now for free and play against over 75 Million real Players Play Now 2/22/25, 6:52 Berkeley's image in question after several sexual harassment allegations surface - ABC7 San Francisco 3/5 SearchPad Camper Van Deals \| Search ads Now Is The Perfect Time To Get An Unsold Camper Van Learn More Book Your Low Priced Cruise (See Offers) Crossout Crossout 2.0: Supercharged Play Now Packaging Machines \| Search Ads Top Packaging Trends In 2024 - Take Look Search Now Laser Cutting Machines Top 10 Best Laser Cutting Machines 2024 (See Prices) Search Now Techno Mag Incredible, the box everyone is talking about: Access all channels ? Villas in Dubai \| Search Ads Villas For Sale in Dubai Might Surprise You Get Deals Amusement Park Equipment \| search ads \| Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Topics Home Weather Traffic Watch Photos 2/22/25, 6:52 Berkeley's image in question after several sexual harassment allegations surface - ABC7 San Francisco 4/5 Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc San Francisco. All Rights Reserved. Apps Regions San Francisco East Bay South Bay Peninsula North Bay More Content Building Better Bay Area Take Action Resources 7 On Your Side I-Team Equity Report Company About ABC7 Bay Area ABC7 Newsteam Bios #ABC7Now: Connect with ABC7 Take Action in Your Community ABC7 Jobs & Internships Contests, Promotions, & Rules 2/22/25, 6:52 Berkeley's image in question after several sexual harassment allegations surface - ABC7 San Francisco 5/5", "8278_105.pdf": "SwimSwam Subscribe to Newsletter Advertise Email Us Submit a Story Submit a Job Submit a College Recruit SwimSwam Store \ue06aSubscribe to SwimSwam Magazine f 1 \u00dc x \ue06d 0 College, News, Pac-12 April 06th, 2016 University of California \u2013 Berkeley diving coach Todd Mulzet was one of 19 employees who violated the university\u2019s sexual misconduct policies since 2011, according to The East Bay Times. The news broke as a result of a report released by the university this week. The East Bay Times made a Public Search SwimSwam University of California - Berkeley diving coach Todd Mulzet was one of 19 employees who violated the university's sexual misconduct policies since 2011, according to The East Bay Times. Stock photo via Tim Binning/TheSwimPictures.com 2/22/25, 6:52 Cal Diving Coach Punished For Sexual Harrassment, Per School Report 1/5 Records Act request for the records last November, and reported this week that 800 pages of documents showed 19 employees who had violated the school\u2019s sexual misconduct rules. The newspaper reported that Mulzet, the school\u2019s diving coach, was docked 5 percent of his salary for two months and was required to undergo sexual harassment training as a result of his violation of school policy. He is still on staff as the team\u2019s diving coach. The East Bay Times reports that Mulzet made repeated sexual comments to another staff member and offered $300 in exchange for oral sex. Mulzet, the paper says, denied the accusations. The San Francisco Chronicle also reports that Mulzet loudly described the male staff member as \u201cmy boyfriend\u201d at a meet, repeatedly made sexual comments about the staff member and asked him \u201cwhen are you coming to the dark side Berkeley has come under fire recently for its handling of sexual harassment complaints on campus. You can view the full report from The East Bay Times\u2019 public records request (which has been heavily redacted to protect the privacy of the victims involved) by following this link Swimming\u2019s \u2018Big 4\u2019 Scheduled to Compete at Arena \u2013 Mesa Kylie Masse Downs Hours Old Canadian Record En Route To Olympic Berth \u00bb \uf0e0 Subscribe \uf0d7 0 Be the First to Comment 400 100 200 100 REPORT) 2/22/25, 6:52 Cal Diving Coach Punished For Sexual Harrassment, Per School Report 2/5 2022 CLASSES: #1-4 2022 CLASSES: #5-8 2022 CLASSES: #9-12 2022 CLASSES: #13-16 2022 0 Jared Anderson swam for nearly twenty years. Then, Jared Anderson stopped swimming and started writing about swimming. He's not sick of swimming yet. Swimming might be sick of him, though. Jared was a and high school swimmer in northern Minnesota, and spent his college years swimming breaststroke and occasionally pretending \u2026 Read More 2/22/25, 6:52 Cal Diving Coach Punished For Sexual Harrassment, Per School Report 3/5 ANYTHING? Subscribe to our newsletter and receive our latest updates! Your email address Subscribe LEVEL? Subscribe to SwimSwam Magazine! Subscribe \u00a9 2025 Swim Swam Partners, LLC. All rights reserved. Coleman Hodges Giusy Cisale Riley Overend Olivier Poirier-Leroy Rich Roll Jack Spitser James Sutherland Aglaia Pezzato Nicole Miller Annika Johnson Dean Ottati Yanyan Li Tim Binning Spencer Penland Anne Lepesant Retta Race Robert Gibbs Sanuj Srivastava Rafael Domeyko Jared Anderson Mike Lewis Braden Keith Tiffany Stewart Gold Medal Mel Stewart Garrett McCaffrey Advertise Email Us Submit a Story Submit a Job Submit a College Recruit 2/22/25, 6:52 Cal Diving Coach Punished For Sexual Harrassment, Per School Report 4/5 Disclaimer \| Terms of Use & Privacy Policy 2/22/25, 6:52 Cal Diving Coach Punished For Sexual Harrassment, Per School Report 5/5", "8278_106.pdf": "Cal diving coach fined $455.30 for sexual harassment Josh Peter Sports Published 1:31 p.m April 6, 2016 Updated 2:37 p.m April 6, 2016 The diving coach at the University of California-Berkeley, found to have sexually harassed a male employee at the school for at least a year a half, was docked $455.30 in lieu of suspension, according to documents released by the school Wednesday. Todd Mulzet, the men\u2019s and women\u2019s diving coach, made ongoing sexual comments toward the unidentified employee, touched the man and thereby created a hostile work environment in violation of the school\u2019s policy on sexual harassment, according to a redacted copy of university report dated Nov. 11, 2015. The school imposed a salary decrease of 5% \u2014 $227.65 \u2014 for the pay periods of January and Feburary and required Mulzet enroll and complete a sexual harassment training class, according to a disciplinary letter sent to Cal\u2019s sixth-year diving coach. Messages to Mulzet and Cal athletic director Mike Williams were not immediately returned. The university disclosed in a letter obtained by Sports that its Office for the Prevention of Harassment and Discrimination has conducted 17 investigations of 19 individuals over the past seven years, with 11 professors, administrators or support staff having been fired or resigned. California, Cuonzo Martin fire assistant coach for sexual harassment The unidentified employee, who interacted with Mulzet because the employee\u2019s job required that he work in facilities such as the aquatics center, filed a complaint in August after at least 18 months of alleged sexual harassment and said Mulzet once propositioned him in front of students for oral sex, according to the report. University of California Berkeley Add Topic 2/22/25, 6:52 Cal diving coach fined $455.30 for sexual harassment 1/2 \u201cI\u2019ll give you $300,\u2019\u2019 Mulzet allegedly told the employee during incident in August 2015. On another occasion, the employee said, he was bending over on his knees when Mulzet placed both of his knees on the employee\u2019s back and commented that he liked the employee in that position. The report rejected Mulzet\u2019s claim that the employee filed the complaint as retaliation and stated there was no motive for the employee to lie. The employee said he expressed his frustration with Mulzet on \u201chundreds\u2019\u2019 of occasions and that the matter grew worse when a co-worker who had served as a buffer between Mulzet and the employee left the university. On Aug. 4, the employee informed his supervisor of the situation and the investigation was set in motion. The report also cites the significance of a witness who also saw and corroborated many of the interactions and incidents of alleged sexual harassment. Mulzet won a gold medal in the one-meter springboard competition at the 1994 Gay Games biography of entertainment mogul David Geffen identifies Multzet as one of Geffen\u2019s former lovers. As part of the investigation, one of the employee\u2019s co-workers witnessed and corroborated many of the interactions of alleged sexual harassment. The report is the latest revelation in a series of sexual harassment cases that have put the school under scrutiny. Last month, assistant basketball coach Yann Hufnagel was fired by the university following an investigation into allegations that he sexually harassed a female reporter. The university stated in its letter the immediate formation of the Chancellor's Committee on Sexual Violence, Harassment and Assault. 2/22/25, 6:52 Cal diving coach fined $455.30 for sexual harassment 2/2"}
9,081	Bruce Blumberg	University of California ‚Äì Irvine	[ "9081_101.pdf", "9081_102.pdf" ]	{"9081_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 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark By PUBLISHED: 16:31 GMT, 23 September 2024 \| UPDATED: 16:38 GMT, 23 September 2024 Irvine professor accused of being a seedy sex pest has claimed his accusers are just upset at being 'lackluster' students. Bruce Blumberg, 70, was briefly suspended with pay during an investigation into allegations made against him by a woman in his biology lab. She alleged Blumberg called her 'babe' while they were at an international conference in Spain, urged her to visit a sex shop and told her could give you some meat' while they were discussing a charcuterie platter. 28 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 27 8PM 22 5-Day Forecas 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 1/46 Blumberg denies any wrongdoing, and has since returned to the lab following the investigation. nasty shock when we made an offer Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to achieve her 'dream' Army career After years of bad sex, my husband's libido suddenly returned was thrilled\u2026 until found out the reason Map reveals areas where you're most likely to die of cancer - where does rank 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' Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome 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 ... Caroline Flack's last broken voice messages that reveal what she thought of Laura Read More 00:00 02:24 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 2/46 Bruce Blumberg was briefly suspended with pay during an investigation into allegations made against him by a woman in his biology lab +4 View gallery 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 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 Adam Pearson's perfect response after troll asked him if he 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 3/46 Irvine officials have reportedly met with Blumberg on four occasions since 2010 regarding complaints or rumors Revealed: The 4 men who preyed on soldier hounded to her death 12.6k viewing now The disquieting social media images taking older people for fools 16.5k viewing now Daisy May Cooper in \u00a330k row with landlady over painting her cottage 7.2k viewing now spokesperson speaking on behalf of Blumberg told the Los Angeles Times those who spoke out against him were the 'lackluster' students in his class small subset of former lab members who were disgruntled and unsatisfied with their lackluster achievements, as compared with other higher achievers, sought to blame their failures on a purported toxic lab atmosphere,' the spokesperson said. 'In fact it was a demanding, yet rewarding place to work.' Blumberg has met with school officials four times since 2010 regarding complaints or rumors involving him. The report reveals he attended a 'policy compliance meeting' in 2013 following allegations he'd embarked on a consensual relationship with a postdoc student. His spokesperson said this was 'unsubstantiated gossip.' Furthermore, the report noted that in 2019 he was the subject of a formal investigation after a student accused him of sexual harassment. +4 View gallery was going to the circus instead of the BAFTAs Inside Michael Owen's daughter Gemma's luxurious cottage as she reveals a glimpse of her bedroom renovations 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 The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa clique Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of depression before terrifying health scare Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty' 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 4/46 Blumberg denies any wrongdoing, and has since returned to the lab following the investigation The report said the investigation at the time found he did not violate school policy. The allegations were that he made sexual comments toward an undergrad student and discussed her Instagram posts with her. He allegedly was called in for another 'policy compliance meeting' in 2022 to discuss 'language use.' The latest allegation centers around a trip Blumberg and a student took to Spain in 2022. The female complainant brought her sister with her on the trip, and both were interviewed as part of the investigation. +4 View gallery Love is in the air: 10 top brands to help you celebrate your special someone with style, from roses to jewellery Zelensky surrenders to Trump and 'will sign mineral deal within hours' Doctor reveals little- known signs you could have a heart attack at any minute Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly emotional public ceremony Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir 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... Revealed: The sneaky European airports that are miles away from the cities they're named after 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 5/46 She allegedly described the trip as 'an absolute nightmare' and felt like she was bracing for Blumberg to 'make a move' while at the conference. He argues he has always acted professionally, and denies making any inappropriate remarks toward the woman. While he was initially placed on involuntary leave with pay in July 2023 amid the ongoing investigation, that was overturned in September. And by December, he'd reached an agreement with the While he was initially placed on involuntary leave with pay in July 2023 amid the ongoing investigation, that was overturned in September. And by December, he'd reached an agreement with the which will place him on a five-year probationary period with additional workplace restrictions. Blumberg accepted a three-month unpaid suspension in exchange for the disciplinary charges against him being dropped. He was also required to complete two hours of sexual harassment training and was prohibited from following his students on social media, or discussing his personal life with them. As part of the stipulations, he was told he could no longer host high school students in his lab, nor could he drink alcohol at official functions. The school vowed not to pursue any subsequent complaints that relate to incidents which took place prior to the suspension as part of the agreement, if the allegations are 'the same type and degree' as those already made and investigated. +4 View gallery Trump declares 'See you in court' in brutal transgender face-off with Democratic governor at White House 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 Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni sexual harassment lawsuit PLATELL: Harsh truth is nobody but Liam is to blame for his death is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Revealed: The mileage threshold that wipes 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 6/46 Add comment Share or comment on this article: Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark 'The purpose of this final agreement is to fully and finally resolve the pending matter against Professor Blumberg,' the agreement states. He maintains that in spite of the agreement, he did not behave inappropriately toward the female complainant. Spain Instagram Comments are subject to our House Rules the most value off your car Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and disturbing MOIR: And the award for endless woke lectures and treating us like idiots goes to... David Tennant How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best airline PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally revealed Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following terrifying burglary 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... Phil Collins, 74, shares heartbreaking health update following his retirement . Olly Murs forced to cancel live show just hours before performance in Dubai as he shares health woes I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 7/46 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 Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to achieve Yale scientists who risked careers to publish bombshell Covid vaccine study issue message to shot's victims NEIL: We pay for a rapid rebuild of our military might - by using the hundreds of billions Miliband is 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 8/46 planning to splurge on his fatuous pursuit of ... 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... Political history fans are shocked by the uncanny resemblance between Churchill cabinet minister Duff Cooper and his famous descendent - can guess who it is... Peter Kay makes fresh Lisa Riley jibe as comedian returns to stage with increased security following heckling row The about Melanie Sykes and her toyboy lovers: Star scandalised fans with 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... 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... Lewis Hamilton's neighbours wage planning war over extension that could mean parking spots in underground garage are too small for their Chelsea tractors Worst ratings for celebrity-owned pubs in the revealed: Diners blast 'pretentious' menus and 'tiny' portions at watering holes run by models and singers 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 9/46 Tensions escalate as China conducts a firing exercise in the Tasman Sea - and New Zealand Defence Force makes unsettling discovery 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... Mother who aborted her healthy baby after doctors wrongly diagnosed unborn daughter with fatal form of dwarfism reveals her devastation The swanky London restaurants introducing minimum spends in crackdown on 'reservation-squatting' social media influencers Transgender megastar blasts Trump for issuing her a male passport 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 ... 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 10/46 Harry Potter star Jason Isaacs makes 'terrible confession' about making the magical film series and explains why it 'wasn't fun' on set texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and says it all shouldn't be able to steal the talent of the humans who created the magic in the first place Angels are real have seen them all my life: Here's the signs you should look out for, writes 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... 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 11/46 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 ... Pregnant Arabella Chi showcases her blossoming bump as she poses topless in a silky black gown while enjoying lavish holiday star looks unrecognisable after dramatic three stone weight loss as fans exclaim 'you look like a different person' Selena Gomez's explosive 'feud' with former friend who is threatening to 'expose' major celebrity 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... Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery Revealed: What life on Earth would look like if Yellowstone's supervolcano erupted Netflix fans rave over 'masterpiece' political thriller they're 'rewatching for the third time' with whopping Rotten Tomatoes score I'm a top women's doctor and would take up an invite for a breast screening. Women are being lied to by the and this is the truth about mammogr 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 12/46 Shoppers reveal the worst smelling perfumes... and why they are done 'blind buying' Elon Musk calls for immediate destruction of NASA's $150 billion prized possession 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 Kim Kardashian looks sharp in a busty grey suit as she joins a chic Naomi Watts and slipper-clad Niecy Nash on the star-studded set of All's Fair Traitors winner Leanne Quigley reveals her fianc\u00e9e Sophie Jones' breast cancer battle felt like an 'out of body experience' 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 13/46 Makeup-free Pamela Anderson, 57, admits she 'feels so free' amid 'wonderful' career resurgence now her children are older Amanda Holden reveals what major secret King Charles told her at The Royal Variety Performance Kym Marsh, 48, stuns in all-black outfit as she enjoys dinner at lavish restaurant with lookalike daughter Polly, 13, after split from toyboy boyfriend Katie Price reveals menopause fears as she details new health symptoms amid hopes for baby number six Justin Bieber looks disheveled at Hollywood hot spot amid claims wife Hailey is 'deeply concerned' for him The most celebrity collaborations 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 14/46 of all time: From JLS' Durex deal and Paris Hilton's Lidl advert to Cheryl and Ashley Cole lottery promo EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the character's shock death Amazon's takeover of James Bond franchise branded 'absolutely terrible news' amid fears 007 story will be 'diluted' and turned into series 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 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' Brand founder reveals how fans are snapping up viral at-home keratin treatment every minutes: 'Smoother and silkier than could have ever imagined Beyonce's Parkwood Entertainment and singer Chloe Bailey sued in $15 million copyright lawsuit by artist who worked with Kanye West Rihanna 'is tipped to headline Glastonbury for the first time ever as she plans huge London residency 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 15/46 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 Jennifer Lopez splurges on $21M compound as she and ex Ben Affleck struggle to sell their marital mansion 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, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 16/46 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 '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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 17/46 his father David, 49, as he poses shirtless for racy magazine photoshoot 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 18/46 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' . 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 19/46 is 'deeply concerned' for the singer Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us due to uncomfortable interaction licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 20/46 You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 21/46 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: 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 22/46 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 23/46 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 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 Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 24/46 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 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? 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 25/46 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 26/46 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 Ukraine-Russia war latest: Zelensky \u2018not ready\u2019 to sign\u2026 See more versions The Telegraph \u00b7 4hr Israel-Hamas latest: Five more hostages released in Gaza See more versions The Telegraph \u00b7 7hr Jenny Hall: Drones deployed to look for missing runner - as poli\u2026 See more versions Sky News \u00b7 47mins 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 7hrs ag Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 4hrs ago 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 27/46 With the far right surging, Germany's elections will be\u2026 See more versions iNews \u00b7 7hrs ago War robs Ukraine of its future Zelenskys See more versions The Telegraph \u00b7 53m British skier found dead at bottom of cliff in French Alps, prosecut\u2026 See more versions Evening Standard \u00b7 Britain is waging war on Apple \u2013 it is already backfiring See more versions The Telegraph \u00b7 5hr Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 28/46 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 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 Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 29/46 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 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 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' 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 30/46 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 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 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by Jennifer Lopez break- up Mrs Hinch gives birth to a baby boy! Cleaning guru Sophie Hinchliffe welcomes her third child with husband Jamie and reveals his adorable name 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 31/46 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' 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 Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 32/46 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 33/46 he is related to (hint: he was on Three's Company) Pamela Anderson 'begged her sons for forgiveness' after being 'sexualised' during her career 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 34/46 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 35/46 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 36/46 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!' 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 37/46 with ex-dancer partner Dan Walker at her show in Sheffield after she hinted at romantic code symbol between them Amy Schumer's warning about Ryan Reynolds as she secretly chatted to Blake Lively at SNL50 event 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 38/46 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 Casey throw their arms up in triumph while runners-up Grace and 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 39/46 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 Justin Bieber shares racy snaps with wife 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 40/46 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 41/46 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 42/46 Baldoni drama she has to stay home... despite glitzy appearance Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert 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 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 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 43/46 The Masked Singer Season 13 live updates: Judges decide who moves on during Shrek Night Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice 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 Today's headlines Most Read Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to... Map reveals areas where you're most likely to die of cancer - where does rank? REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day... 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 -... Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting her Farrow and Ball 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... Sir Elton John and Simon Cowell back Daily Mail campaign to stop plundering Britain's creative genius The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa... 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 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 44/46 circus instead of the BAFTAs Angels are real have seen them all my life: Here's the signs you should look out for, writes Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly... 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 PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally... Moments from disaster last smiling selfie on doomed MH17, the final leap of a bike stuntman and a... Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following... How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery Doctor reveals little-known signs you could have a heart attack at any minute Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under... 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... Moment bungling raider gets lowering himself into Sainsbury's 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'... Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir) The swanky London restaurants introducing minimum spends in crackdown on 'reservation-squatting' social... I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\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 Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even... 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 texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and bureaucrats spark fury after warning coffee is 'DANGEROUS' to humans and ban caffeine in pesticides How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best... Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to... Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 6:52 Shocking response of Irvine professor after he was accused of traumatizing female student with seedy charcuterie remark \| Dail\u2026 46/46", "9081_102.pdf": "Home ( \u00bb Sex Crimes ( Irvine Professor Bruce Blumberg Accused of Sexual Harassment Irvine Professor Bruce Blumberg Accused of Sexual Harassment Sep 23, 2024 Bruce Blumberg, a University of California, Irvine (UCI) professor accused of sexual harassment, has reportedly returned to campus following a three-month suspension without pay. Blumberg\u2019s suspension, part of an agreement reached with officials in exchange for the dismissal of any disciplinary charges against him, comes after an official university investigation. The Blumberg case has brought to light serious issues regarding university workplace sexual harassment ( and the effectiveness of academic institutions\u2019 accountability measures. Additionally, following a Los Angeles Times investigative report ( 09-23/uci-professor-accused-of-sexual-harassment), the incident has sparked widespread debate within the academic community and beyond, raising questions about the safety of students and the integrity of educational institutions. Spain Student Trip Leads to Irvine Professor Sexual Harassment Investigation History of Complaints and Academic Workplace Harassment at The Impact on Students and Academic Culture University Sexual Harassment Policies and Disciplinary Procedures The Challenges of Implementing Effective University Sexual Harassment Policies Irvine Professor Bruce Blumberg Accused of Sexual Harassment Irvine Professor Bruce Blumberg Accused of Sexual Harassment (/CONTACT/) (/) Request Free Consultation (/contact/) (866 (tel:18664673372) 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 1/11 Faculty Disciplinary Procedures at How to File Your University Sexual Misconduct Lawsuit Balancing Academic Freedom and Student Safety In May 2022, what was supposed to be an academic trip to Spain turned into \u201can absolute nightmare\u201d for a graduate student accompanying Professor Bruce Blumberg. The student reported that Blumberg bombarded her with sexual remarks and innuendo throughout the four-day trip, making her so uncomfortable that she fled back to Irvine early. She told investigators: Blumberg called her \u201cbabe\u201d; He refused to leave a cafe until she posted photos of them on Instagram; He urged her to visit a sex shop; He made lewd remarks, including saying could give you some meat\u201d when discussing a charcuterie platter. Blumberg has denied all allegations of misconduct, stating that he has always acted professionally. However, the university launched an investigation shortly after his return from Spain. The investigation would later reveal a pattern of questionable behavior that extended far beyond this single incident, raising concerns about the long-term impact on students and the academic environment at UCI. The aforementioned Spain incident wasn\u2019t isolated. The investigation revealed a pattern of concerning behavior on the part of Bruce Blumberg: Previous allegations against the Irvine professor dating back years Reports of a toxic work environment in his lab Allegations of a romantic relationship with a postdoc student about a decade ago 2019 investigation into accusations of sexual harassment of an undergraduate These revelations have raised questions about the effectiveness of UCI\u2019s policies on student-professor relationships and the handling of complaints. The pattern of behavior suggests a systemic issue that may have been overlooked or inadequately addressed for years, potentially affecting numerous students and staff members. The long-term effects of such behavior on university students cannot be overstated. Many students who experience harassment or witness a toxic work environment may: Suffer from decreased academic performance Spain Student Trip Leads to Irvine Professor Sexual Harassment Investigation History of Complaints and Academic Workplace Harassment at The Impact on Students and Academic Culture 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 2/11 Experience mental health issues such as anxiety and depression Lose trust in academic institutions Abandon their chosen field of study Face career setbacks due to lost opportunities or damaged relationships Moreover, the presence of such behavior can create a culture of fear and silence, where students and junior faculty members feel unable to speak out against misconduct, perpetuating the cycle of harassment. The 129-page report resulting from UCI\u2019s investigation concluded that Blumberg had violated university policy against sexual harassment during the Spain trip and \u201ccreated a hostile academic and work environment\u201d over the years. This comprehensive report highlighted the need for stringent policies and robust enforcement mechanisms to prevent and address sexual harassment in academic settings. Initially, Blumberg was placed on involuntary leave with pay in July 2023. However, in a controversial move, Chancellor Howard Gillman overruled this decision in September, stating that Blumberg\u2019s behavior did not pose an immediate risk of \u201cserious harm\u201d to the campus community. This decision sparked debate about the threshold for action in such cases and the balance between due process and student safety. Universities face several challenges in creating and enforcing effective sexual harassment policies: Balancing the rights of the accused with the safety of students and staff Overcoming institutional inertia and resistance to change Ensuring confidentiality while maintaining transparency Addressing power imbalances inherent in academic hierarchies Providing adequate resources for investigations and support services These challenges often result in policies that may look good on paper but fall short in practice, leaving victims vulnerable and perpetrators insufficiently accountable. The handling of Blumberg\u2019s case has sparked debate about UCI\u2019s faculty disciplinary procedures. University Sexual Harassment Policies and Disciplinary Procedures The Challenges of Implementing Effective University Sexual Harassment Policies Controversy and Criticism: Faculty Disciplinary Procedures at 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 3/11 In December 2023, Blumberg and reached an agreement: Blumberg accepted a three-month suspension without pay All disciplinary charges against him were dismissed He was required to complete two hours of sexual harassment training Restrictions were placed on his interactions with students, including a ban on having high schoolers in his lab This outcome has been met with mixed reactions from the academic community and students alike. Many have criticized the agreement as being too lenient, arguing that it fails to adequately address the severity of the allegations and the pattern of behavior uncovered during the investigation. The Blumberg case has ignited a broader discussion about what constitutes appropriate sanctions for faculty members found to have engaged in sexual harassment. Some argue that: Suspensions should be longer and unpaid leave more common Repeat offenders should face termination Restrictions on student interactions should be permanent for severe cases Sexual harassment training should be more comprehensive and ongoing Others caution against overly punitive measures, emphasizing the importance of rehabilitation and the potential for reformed behavior. This debate reflects the complex nature of addressing sexual harassment in academia, where careers and reputations are at stake alongside student safety and institutional integrity. Filing a civil lawsuit for financial damages with Dordulian Law Group\u2019s experienced university sexual misconduct attorneys can be a means of securing justice on your own terms Law Group is a top-rated and proven team of compassionate sexual harassment lawyers ( representing survivors in all sex crimes case types. Our dedicated attorneys handle cases throughout California as well as nationwide, offering a unique type of legal representation which includes a four-tiered team of professionals known as the Team (Sexual Assault Justice Experts ( Law Group clients have 24/7 access to the full Team support network: Sam Dordulian, a former sex crimes prosecutor, leads a team of proven sexual abuse lawyers. Two licensed and nationally accredited in-house victim advocates who are dedicated to helping survivors licensed in-house clinical therapist with over 15 years of experience who is available for mental health needs retired sex crimes detective with over 30 years of experience investigates every sexual abuse case. The Debate Over Appropriate Sanctions How to File Your University Sexual Misconduct Lawsuit 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 4/11 Our sexual misconduct lawyers recently secured a $2 million child sexual abuse settlement for a client as well as a $1 million settlement for a school sexual abuse survivor ( crime-sexual-abuse-9cd378bb264f23b77efdb118ce795889). These are just two of countless examples of past cases where survivors of sexual abuse and harassment have obtained justice with Law Group\u2019s proven attorneys. Some additional recent sex crime victories include: An undisclosed multi-million dollar settlement ( for a rape survivor ( who had met a man on a \u2018Sugar Daddy\u2019 website $2.25 million settlement ( for a rideshare rape survivor $675,000 settlement ( secured under 218 for a client who wished to remain anonymous and obtain justice as quickly as possible An undisclosed maximum damages award for minimal contact committed by an employer under the eggshell plaintiff rule ( For a free and confidential consultation regarding your professor sexual harassment case, contact a member of DLG\u2019s Team today at 866 (tel:8664673372). Our sex crime attorneys have an unparalleled track record: Helping survivors secure more than $200,000,000.00 in settlements and verdicts Maintaining a near-perfect 98% success rate At Law Group, our sexual harassment lawyers work only on a contingency fee basis. This means that there is never any cost to you until after we\u2019ve won your case and secured a damages award on your behalf. There is no financial risk or upfront expense to you when you choose Law Group to fight for justice in your Irvine sexual misconduct case. If we don\u2019t win, you don\u2019t pay; it\u2019s that simple. Contact us (/contact/) today to set up a free and confidential Irvine sexual harassment lawyer consultation with a member of DLG\u2019s Team (/saje/). In response to this and previous cases has reportedly taken steps to improve its handling of sexual misconduct complaints: Reintroduction of a sexual harassment prevention program Creation of an office to support faculty members with complaints about colleagues\u2019 behavior Regular monitoring of reporting portals for complaints related to Blumberg or his lab Campus Safety and Misconduct Reporting: UCI\u2019s Response and Improvements The Role of Technology in Irvine Sexual Misconduct Reporting 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 5/11 Department Chair Kavita Arora now meets regularly with students to address any concerns about Blumberg While these measures represent a step in the right direction, some argue that they are reactive rather than proactive, addressing symptoms rather than root causes of the problem and other universities are increasingly turning to technology to improve their sexual misconduct reporting systems. Some innovations include: Anonymous online reporting tools AI-powered chatbots to guide students through the reporting process Data analytics to identify patterns of behavior across departments Mobile apps for easy access to resources and reporting options While these technological solutions can enhance accessibility and efficiency, they must be accompanied by human-centered approaches that prioritize empathy, support, and thorough investigation. The Blumberg case has reignited discussions about how universities handle sexual misconduct allegations. Critics argue that UCI\u2019s response was inadequate, pointing to the university\u2019s history with similar cases, such as that of Francisco J. Ayala. In 2018, professor Ayala stepped down after a university investigation found he had sexually harassed four women. Additionally, the professor\u2019s name was removed from the School of Biological Sciences, which had been dedicated in 2011 following Ayala\u2019s $10 million donation. Some faculty members, like biology professor Jessica Pratt, believe that while changes have been made, they don\u2019t go far enough to address the root of the problem. The persistence of these issues suggests a need for more comprehensive reform in university policies and procedures. One of the core challenges in addressing sexual misconduct in academia is balancing the principles of academic freedom with the imperative to protect students and maintain a safe learning environment. This balance requires: Clear guidelines on appropriate professor-student interactions Robust systems for reporting and investigating misconduct Transparent decision-making processes in disciplinary actions Ongoing education and training for all members of the academic community As Bruce Blumberg begins his 27th year at UCI, the academic community will no doubt be watching closely. The case serves as an important reminder of the ongoing challenges in addressing sexual misconduct in academia and the need for effective accountability measures. It also highlights the importance of creating a culture where students feel safe to report misconduct and where such reports are taken seriously and investigated thoroughly. Debating University Accountability Measures in Sexual Misconduct Cases Balancing Academic Freedom and Student Safety 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 6/11 (Frequently Asked Questions About the Bruce Blumberg Sexual Harassment Case) What were the main allegations against Professor Bruce Blumberg? How did respond to the allegations against Professor Blumberg? What changes has implemented to address sexual misconduct issues? How has the academic community reacted to UCI's handling of the Blumberg case? Are there previous cases of sexual misconduct at UCI? Author The main allegations against Professor Blumberg included sexual harassment during a trip to Spain, creating a hostile work environment in his lab, and a history of inappropriate behavior with students. Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now (tel:18664673372). ( Samuel Dordulian, founder ( Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years' experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN. 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 7/11 Request Free Consultation Do you have a case? Let's find out Search Dordulian Law Group ( 4.8 Based on 80 reviews Name Email* Phone* Tell Us About Your Case review us on review us on ( Mariko Duffy ( 2 years ago found Dordulian Law Group via a google search was pretty desperate for help and took a shot am so thankful, hap... read more Matthew Moore ( 2 years ago was represented by Mr Dordulian and Armen and they brought a lot of comfort during a stressful time. From the first c... read more Taylor ( 2 years ago Dordulian Law Group was a pleasure to work with. At no point during my case did feel stressed out at all. Sam's team ... read more Claudio Cavaglio ( 2 years ago Search here.. 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 8/11 Recent Blog Articles Hector Zaldivar Arrested for Child Sexual Abuse ( Are You a Victim of Mariano Hernandez? Benson Elementary Employee Arrested for Sexual Assault ( hernandez-arrested-for-sexual-assault/) Dr. Babak Hajhosseini Charged With Rape of Employee ( Sexual Assault Statistics 2024 Comprehensive Overview ( Hovanes Jihanyan Arrested for Sexual Abuse of 14-Year-Old Girl ( girl would like to express how delighted was with the work ethics this law firm uphold believe that the face of this ... read more Maria L\u00f3pez ( 3 years ago Natalee is amazing!! When got into my car accident was a complete mess and had no idea where to begin with filing ... read more More reviews ( About Us Our law firm in Glendale advocates for victims of sexual assault, injury, employment disputes, and personal injury concerns. ( Recent Cases Learn more about our Glendale attorneys\u2019 recent work. Do You Have Case? Contact us now to schedule a free consultation. 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 9/11 ( Client Reviews Our clients can vouch for our dedication and determination. Practice Areas - Car Accident Lawyer Glendale (/car-accident-lawyer/) Truck Accident Lawyer Glendale (/truck-accident-attorney 2777 Lawsuit Guide ( Pedestrian Accident Lawyer (/pedestrian-accident-lawyer/) Premises Liability Lawyer (/premises-liability-attorney/) Slip & Fall Attorney (/slip-fall-attorney/) Revenge porn lawyer (/revenge-porn-attorneys/) Dog Bite Lawyer Glendale (/dog-bite-attorney/) Wrongful Death Attorney Glendale (/wrongful-death-attorney/) Rape Victims Attorney (/rape-victims-attorney/) Child Abuse Lawyer Glendale (/child-abuse-lawyer/) Follow Us ( ( ( ( q=dordulian+law+group&oq=dordulian+law+group&aqs=chrome..69i57j69i61l2.3215j0j1&sourceid=chrome&ie=UTF- 8#lrd=0x80c2c05300b594a5:0xf3a430bdb32d5462,3,,,) ( ( ( \uf09a \uf16d \uf099 \uf1a0 \uf1e9 \uf0e1 \uf167 Request Free Consultation Name* Email* Phone* Tell Us About Your Case 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 10/11 Want to discuss your case? Go See Sam! We'll fight for the justice and maximum financial compensation you deserve. Call 866 (tel:8664673372) for your free consultation. #GoSeeSam ( Submit Please prove you are human by selecting the tree. Locations Glendale office 550 Brand Blvd #1990 Glendale 91203 ( 118.2543994!16s%2Fg%2F1jglymfdh?entry=ttu&g_ep=EgoyMDI0MTAyNy4wIKXMDSoASAFQAw%3D%3D) Phone: (818) 322-4056 (tel:8183224056) (866 (tel:8664673372) Email: [email protected] (mailto:[email protected]) Torrance office (/torrance/) Phone: (310) 504-1911 (tel:3105041911) North Hollywood office (/north-hollywood/) Phone: (818) 873-4300 (tel:8188734300) Long Beach office (/long-beach/) Phone: (562) 502-8822 (tel:5625028822) \u2023 \u2023 \u2023 other locations (/locations/) Hours: Available 24/7 Copyright \u00a9 2025 - Dordulian Law Group. All Rights Reserved. Sitemap (/sitemap/) \| Disclaimer ( \| Privacy Policy ( 2/22/25, 6:53 Irvine Professor Bruce Blumberg Accused of Sexual Harassment 11/11"}
7,607	Arnold Abrams	Thomas Nelson Community College	[]	{}
7,936	Robert Campbell	Youngstown State University	[ "7936_101.pdf" ]	{"7936_101.pdf": "Cookies We use some essential cookies to make our website work. We\u2019d like to set additional cookies so we can remember your preferences and understand how you use our site. You can manage your preferences and cookie settings at any time by clicking on \u201cCustomise Cookies\u201d below. For more information on how we use cookies, please see our Cookies notice. Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page. Your cookie preferences have been saved. You can update your cookie settings at any time on the cookies page. Sorry, there was a technical problem. Please try again. Havant child sex abuser jailed for 17 years Published: 10:37 13/05/2023 Accept cookies Reject cookies Customise cookies Close 2/22/25, 6:54 Havant child sex abuser jailed for 17 years \| Hampshire and Isle of Wight Constabulary 1/4 man has been jailed for the non-recent sexual abuse of two girls in Havant. Robert Campbell, aged 62, abused the girls on a number of occasions between 2013 and 2015 when they were both under the age of 16. The girls, both now adults, bravely spoke out about what had happened to them in April 2021, at which point the police were called. An investigation was launched and Campbell was arrested on 30 April. Following enquiries, he was charged with two counts of raping a girl under the age of 16, two counts of assaulting a girl under the age of 16 by touching, and three counts of causing or inciting a girl under the age of 16 to engage in sexual activity. He denied the offences, but was found guilty on all 7 counts on 23 January this year, following a Portsmouth Crown Court trial which began on 16 January. Campbell, formerly of St Clares Avenue in Havant, appeared at the same court on Wednesday 10 May where he was sentenced to 17 years in prison. He was also handed an indefinite Sexual Harm Prevention Order, and ordered to comply with Sexual Offender Register notification requirements indefinitely. 2/22/25, 6:54 Havant child sex abuser jailed for 17 years \| Hampshire and Isle of Wight Constabulary 2/4 Leanne Boyd, who led the investigation, said: \u201cThese two brave women should be commended for their courage in disclosing the most awful events of their childhood, and supporting this investigation to ensure Campbell could not hurt anyone again. \u201cJustice has been served on Campbell. The abuse he inflicted on the two survivors when they were so young is absolutely horrific. \u201cHe will now spend a lengthy period of time in jail, and hope this case gives other survivors the confidence that if they have been abused, they will be heard and believed and we will do all we can to protect them and give them justice.\u201d If you have been affected by child sexual abuse you can contact police on 101 and speak to a police officer in confidence. We recognise that not everyone has the confidence to speak to police, but there are support services available that can help you if you are a victim of abuse. Anyone who has experienced abuse in childhood or is concerned about a child can contact the helpline confidentially on 0808 800 5000 or email [email protected]. Children can contact Childline on 0800 1111. You can also visit our website for further information about support services near you: assault/support-for-victims-of-rape-and-sexual-assault/ 2/22/25, 6:54 Havant child sex abuser jailed for 17 years \| Hampshire and Isle of Wight Constabulary 3/4 2/22/25, 6:54 Havant child sex abuser jailed for 17 years \| Hampshire and Isle of Wight Constabulary 4/4"}
7,804	Donald Michael Pavel	University of Oregon	[ "7804_101.pdf", "7804_102.pdf", "7804_103.pdf", "7804_104.pdf", "7804_105.pdf", "7804_106.pdf" ]	{"7804_101.pdf": "College of Ed professor leaves after sexual harassment allegations 03/08/2015 Last updated on 05/13/2016 Good for the student for reporting this. It must have taken a lot of courage. From the Diane Dietz scoop in the RG, it sounds like handled it pretty quickly: The freshman, in a recent interview with The Register-Guard, said officials took her report seriously and \u201cacted upon it as fast as they could.\u201d Two months after the report, Professor CHiXapkaid Pavel was gone. That\u2019s a big speed improvement from the 3.5 months it took to get rid of the 3 alleged basketball rapists. But then professors don\u2019t help Rob Mullens get his bonus, or sell Matt Court season tickets, or count towards Dana Altman\u2019s ratings, or provide circuses for the Duck\u2019s big-time sports boosters. So it will be interesting to find out if our colleagues in the Johnson Hall administration, under the expert guidance of Interim Doug Park and his 5 mysterious Assistant GC\u2019s, followed appropriate discipline procedures and due process for firing a tenured professor. Full Dietz report here high-profile educator, scholar and public speaker in the University of Oregon\u2019s College of Education left the university Jan. 20 without \u00adexplanation. Donald Michael Pavel, 55, was a fully tenured professor at the university for more than five years, according to a spokesman. Pavel made a \u201cfull departure\u201d from the university, College of Education Dean Randy Kamphaus confirmed. But Kamphaus declined to say why the professor left. \u201cThat\u2019s a sensitive personnel issue that \u2014 unfortunately can\u2019t comment on regret that,\u201d he said. Pavel declined multiple \u00adrequests for comment on the reasons for his departure Matters 02/22/2025 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 1/7 Two months before Pavel\u2019s departure, a freshman reported to the Police Department that Pavel \u00adrepeatedly touched her inappropriately during a Nov. 14 event in Portland. Pavel, who goes by his Native American name, CHiXapkaid, and the freshman \u2014 in her first quarter at the \u2014 were separately attending the annual gala of the Native American Youth And Family Center at the Portland Art Museum, according to the police report, which The Register-\u00adGuard obtained under a public records request. \u2026 FWIW, myedu.com reports that Professor Pavel was a remarkably generous grader \u2013 not that that\u2019s a crime: Note: I\u2019m happy to post comments on the process or principles at stake here, but I\u2019ll try and delete gossip that speculates about the student or the professor. If something slips through let me know. Published in Uncategorized uomatters 6 Comments Anonymous 03/08/2015 \uf062 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 2/7 Stay classy, UO. \uf164 \uf165 Reply Working 03/08/2015 This: \u201cthe freshman was accompanied by Janne Underriner, director of the Northwest Indian Language Institute, who provided moral support, the police report said. During the interview, Underriner stated that she, herself, has \u2018been advised\u2019 when she first started to work at the to \u2018never be alone in a room with Pavel,\u2019 according to the police report.\u201d implies that didn\u2019t really act quickly, at all. Instead improper behavior was tolerated (and even warned against!) for some time until a brave undergraduate spoke up. \uf164 \uf165 Reply Thanks for pointing this out Director Penny Daugherty is in charge of sexual harassment allegations against employees. Daugherty is famously incompetent don\u2019t understand why Presidents Frohnmayer, Lariviere, Berdahl, Gottfredson, and now Coltrane have refused to replace her. \uf164 \uf165 Reply Hippo 03/09/2015 conjecture gave the choice of leaving vs. some kind of internal investigation/sanction. The advantage of leaving is that probably now this former faculty member has no official finding against him at UO, and no doubt will find a faculty position elsewhere without the mentioning the incident to future employers. Hopefully future employers know how to Google (bringing up the story and maybe UOM), but am not optimistic\u2026 \uf164 \uf165 uomatters \| 03/08/2015 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 3/7 Reply Anonymous 03/13/2015 Glad he\u2019s gone, shady character\u2026 Not his first skirmish: \uf164 \uf165 Reply little bird 05/06/2015 First off, the student was very brave to speak up and bring this incident to the schools attention.. Second: This is not the first incident involving this shady figure, it has happened at previous colleges where he worked as a professor, and he has even been denied jobs because of this history. How did the not catch this? Employers need to do better research on potential employees to prevent incidents such as this from happening. \uf164 \uf165 Reply Leave a Reply Your email address will not be published. Required fields are marked * Comment Name* Jane Doe Email* 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 4/7 Eugene fried on Pres Scholz gave his top admins avg raises of more than 9%. Faculty got 3%. 02/15/2025 What\u2019s classic here is that the design Dean has a hostile workplace complaint against her by 20+ design faculty and\u2026 Darby The Large on Pres Scholz gave his top admins avg raises of more than 9%. Faculty got 3%. 02/12/2025 Maanwhile, classified staff... yeah, screw 'em see things are continuing to head south since my retirement two years ago. uomatters on to sell Treetops, the Home for Unwanted Administrators 02/12/2025 Didn't figure you for an art-lover Jeremy, but a reader just sent me a link to an extended history of\u2026 uomatters on to sell Treetops, the Home for Unwanted Administrators 02/11/2025 assumed it was meant to represent a faculty hiring meeting, but you may be right. Sadly no info about\u2026 Jeremy Bentham on to sell Treetops, the Home for Unwanted Administrators 02/11/2025 Is that the Route de Marquise above the fireplace? The codpiece on Henry is no joke. [email protected] Website Post Comment 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 5/7 uomatters on to sell Treetops, the Home for Unwanted Administrators 02/10/2025 It's a grand old house. It's perfect for parties. Huge, lovely porches. Many guest rooms on the third floor for on to sell Treetops, the Home for Unwanted Administrators 02/10/2025 If you can afford it that price is a steal. The State kept this house in Tip Top, Tree Top\u2026 charlie on Pres Scholz gave his top admins avg raises of more than 9%. Faculty got 3%. 02/09/2025 Not that anyone at pays any attention, but for damn near nine years said he\u2019s gettin rid of\u2026 charlie on to sell Treetops, the Home for Unwanted Administrators 02/09/2025 Is the joint near a hybrid bus stop?? Where\u2019s recharge plug?? Or is Green New Deal so 2022??! Nobody\u2019s Baby on President Scholz gave the Moffitts big raises, why not regular faculty? 02/09/2025 don\u2019t hate the Moffitts but they are a vestige of the corrupt old guard including Lorraine Davis and John\u2026 Simplicius Simplicissimus on Pres Scholz gave his top admins avg raises of more than 9%. Faculty got 3%. 02/08/2025 abhor the current Psychopathocracy too much to even think the imminent 15 cap from will stop such\u2026 caufee on Pres Scholz gave his top admins avg raises of more than 9%. Faculty got 3%. 02/07/2025 wish the union info push was as informative and motivating as this page is 7,112,623 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 6/7 Matters Raking through UO's muck since 2007 \ue61b 2/22/25, 6:54 College of Ed professor leaves after sexual harassment allegations Matters 7/7", "7804_102.pdf": "Daily Emerald \u2022 May 11, 2016 \u2022 university-of-oregon-for-wrongful-termination/ Former professor sues University of Oregon for wrongful termination Tran Nguyen Former University of Oregon professor, CHiXapkaid Donald Michael Pavel filed a lawsuit against the university on May 10, for alleged wrongful termination last year. Pavel, a former education professor at UO, was terminated in January 2015 after being linked to a sexual harassment report. In the same lawsuit, Pavel is also suing the following for terminating his employment: Senior Vice Provost for Academic Affairs, Doug Blandy; Director of the Office of Affirmative Action & Equal Opportunity, Penelope Daugherty professor, Brian Klopotek; Assistant Vice President and Advisor, Jason Younker; Director of the Northwest Indian Language Institute, Janne Underriner; Department Head for the Educational Studies Department, Juliet Baxter; Dean of the College of Education, Randy Kamphaus and University Senior Employee Relations Coordinator for Human Resources, Annie Bentz. It states that the university violated Pavel\u2019s constitutional right to procedural due process \u2013 Pavel was never given opportunity to learn of the specific allegations against him or to present a rebuttal to those allegations. It also states that the university did not have any solid evidence to base its decision on. Instead it based it off \u201cvague charges.\u201d Pavel also claims that the university violated his first amendment retaliation, equal protection, racial and gender discrimination by \u201cintentionally treating [Pavel] differently from others similar [situations].\u201d The amount that Pavel is asking for has not been specified. This piece reflects the views of the author, Gregory R. Pulliam, and not those of Emerald Media Group. It has been edited by the Emerald for grammar and style. Send your columns or submissions about our content or campus issues to [email protected]. President\u2019s Society member resigning from advisory boards \u2026", "7804_103.pdf": "All Access + The Oregonian online newspaper \u2013 Start today for $1 Advertisement Fired University of Oregon professor sues, claims racial discrimination and retaliation Updated: May. 17, 2016, 1:04 p.m. \| Published: May. 17, 2016, 12:04 p.m. By The Associated Press Lillis Business Complex at the University of Oregon former University of Oregon professor, who was fired last year, is now suing the university and claiming his civil rights were violated Director, Takes Oath On Bhagavad Gita; Swearing In Video Goes Viral \| Trump Kash Pa Subscribe (Andrew Theen/The Oregonian) The University of Oregon says it fired a full professor last year \"for the safety of our students.\" But now the professor, Donald Michael Pavel, 56, has filed a federal civil rights suit against the university and eight administrators and faculty members alleging racial discrimination, retaliation for speech and a lack of due process superior was \"openly hostile,\" resentful of Pavel's visibility and stature on campus and sought to advance \"widespread accusations\" in order to push for an \"over-reaching investigation,\" according to Pavel's complaint filed in U.S. District Court in Eugene. Messages left for Pavel and for his attorney, Marianne Dugan, on Friday afternoon were not returned. Until January 2015, Pavel, who goes by his Native American name CHIXapkaid, was a professor in the Department of Education. He specializes in training teachers to teach Native American students. He was terminated in the wake of a Nov. 14, 2014, event in Portland in which a female student accused him of sexual misconduct. CHiXapkaid and the freshman -- in her first quarter at the -- were separately attending the annual gala of the Native American Youth and Family Center at the Portland Art Museum, according to the police report, which The Register-Guard obtained under a public records request. In early December, the freshman told her story to Police Department Detective Sgt. Kathy Flynn at the office of Renae DeSautel director of sexual violence support services, according to the police report. The student did not wish to press charges, however, Flynn wrote, and none has been filed. The freshman told the investigator that she knew Pavel was a professor and that she saw him the night of the gala seated at a table representing the UO. The recruits students of color at community events. In 2015, 146 Native American students were enrolled at the university, according to the UO. Pavel had been one of four \"featured faculty\" on an Office of Admissions Web page. Three of the UO's 753 tenured or tenure-eligible faculty members are Native American, according to a 2015 institutional research report. Before the gala, the freshman said she had planned to enter a education program that Pavel directed. During the gala, she said, Pavel asked her to step outside the ballroom and into a hallway. There, the freshman said, Pavel made her \"uncomfortable\" by directing her to look into a mirror, told her she was beautiful and said, \"I'm drooling over you,\" the detective's report said. \"Her face felt hot, and she felt trapped like she couldn't get out of the conversation, didn't know how to get away from Pavel,\" according to the police report. The freshman said Pavel kissed her hand, kissed her cheek and took her shoulders and turned her toward the mirror. \"Pavel put his arm around her, initially at her shoulder, but then moved his hand down until it was on her buttocks,\" according to the report. The freshman said that later Pavel pulled at her underwear through her dress, according to the police report. The freshman said she eventually got away from the professor, rejoined her friends and left the gala. In making her report to the detective, the freshman was accompanied by Janne Underriner, director of the Northwest Indian Language Institute, who provided moral support, the police report said. During the interview, Underriner stated that she, herself, has \"been advised\" when she first started to work at the to \"never be alone in a room with Pavel,\" according to the police report. The freshman, in a recent interview with The Register-Guard, said officials took her report seriously and \"acted upon it as fast as they could.\" She is a sophomore this year at the university, according to the school directory. CHIXapkaid has not been able to find a job since his termination, according to the lawsuit. He asked the court for a jury trial and requested punitive damages. He'd worked at the since 2010. His suit details his charges against the university and a wide range of individuals. He accused Doug Blandy, senior vice provost for Academic Affairs, for improperly firing him. He accused Penny Daugherty, director of Affirmative Action & Equal Opportunity, of helping to conduct a flawed investigation. He accused Annie Bentz, senior employee relations coordinator for human resources, of helping to conduct that investigation. He accused Randy Kamphaus, dean of education, of helping make the decision to fire him -- and contributing information that led to the firing. He accused Juliet Baxter, head of the educational studies department, of also helping to make the decision and contributing information. He accused Underriner, director of the Northwest Indian Language Institute, of retaliating against him for not supporting her professional opinions and positions. He accused Jason Younker, adviser to the president on sovereignty and government to government relations, of pushing for harsh treatment of CHIXapkaid and retaliating, at least in part, because CHIXapkaid opposed the dismissal of Younker's predecessor in the post. He accused Brian Klopotek, ethnic studies professor, of hostility and resentment that led to an \"over-reaching investigation.\" CHIXapkaid accused the university of releasing information about the police investigation to the news media, which was obtained through Oregon public records law. The university, the complaint said, \"did not make a reasonable effort to discover whether plaintiff did in fact violate or disobey any university rule or order, and indeed plaintiff did not do so.\" The complaint also said the \"degree of discipline was not reasonably related to (a) the seriousness of the employee's proven offense and (b) the record of the employee in his service with the employer; defendants unreasonably skipped over lesser disciplinary steps and immediately imposed the maximum discipline of termination.\" The complaint went on to say, \"Defendants made a concerted effort to drum up allegations regarding older events, despite having chosen not to address those alleged events at the time they occurred; and then presented those prior events to falsely misrepresent that there had been an established pattern of misconduct released the following full statement on Friday: \"The university considers the lawsuit filed by Mr. Pavel to be frivolous and without merit. \"He left after allegations were made that he engaged in unwelcome sexual conduct with an undergraduate student. The university ended his employment following a full investigation and did so for the safety of our students.\" CHiXapkaid is represented by Dugan, a longtime Eugene attorney who specializes in environmental, employment and civil rights lawsuits Native American activist leaves prison after Biden commutation in 1975 killings of agents Feb. 18, 2025, 5:24 a.m. Trial for suspect in killings of 4 University of Idaho students set for August Feb. 21, 2025, 3:00 a.m. In January, she helped win a civil rights judgement against an Oregon State Police captain who kicked a man in the chest after a traffic stop in rural Lane County. She also represented former Lane County Commissioner Rob Handy in his long legal battle over how county officials handled election-eve misconduct allegations against him. -- The Register-Guard via The Associated Press 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. About Us Our Journalists About OregonLive.com Contact The Newsroom Technical Support Search Our Archives Advertise With Us Subscribe to The Oregonian Subscriber Services Digital Subscription Delivery Opportunities Accessibility Statement Subscriptions The Oregonian eNewspaper Email Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback Read More Top News Today's Top News Politics Crime Business Commuting Weather Education Homes & Gardens Letters to the Editor Video Environment Tom Hallman Special Sections Here is Oregon Sports High School Sports Ducks Beavers Trail Blazers Timbers Thorns Recruiting News Entertainment Travel & Movies Eat, Drink, Cook Comics Archives Your Regional News Pages Portland Washington County Clackamas County Clark County Pacific Northwest Follow Us Email Newsletters News on Alexa or Google Home YouTube Twitter Facebook Instagram Mobile iPhone, Android apps Tablet apps More on OregonLive.com Place an Ad Autos Jobs 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", "7804_104.pdf": "From Casetext: Smarter Legal Research Pavel v. Univ. of Or Apr 3, 2017 Case No. 6:16-cv-00819 (D. Or. Apr. 3, 2017) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Case No. 6:16-cv-00819 04-03-2017 PAVEL, Plaintiff, v YOUNKER; and KLOPOTEK, Defendants. AIKEN, Judge : Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 1/24 Plaintiff CHIXapkaid Pavel asserts various claims related to the termination of his employment against defendants University of Oregon and various individuals. Plaintiff alleges defendants violated his rights under federal employment discrimination statutes, the Due Process Clause, and the First Amendment. Individual defendants-comprised of the eight public employees but not the University of Oregon-only move for summary judgment on plaintiff's 2 procedural and substantive due process claims. For the reasons set out below, the Court grants defendants' motion for summary judgment (doc. 35). 2 Plaintiff was a tenured professor at the University of Oregon's College of Education from September 16, 2010, until the University of Oregon terminated his employment contract on January 21, 2015. Pl.'s Am. Compl. \u00b6 4 (doc. 28). Plaintiff's termination followed a series of complaints that plaintiff made unwelcomed and nonconsensual contact and comments of a sexual nature to various students. See Blandy Dep. 28:9-21 (doc. 54-1). Of particular note is the formal grievance a student filed with the University of Oregon's Office of Affirmative Action and Equal Opportunity (OAAEO) on November 17, 2017. Daugherty Decl. Ex, 2 (doc. 38). After the University of Oregon received the student's report, the university placed plaintiff on administrative leave while it investigated the student's claim. Id. Plaintiff learned the university had placed him on leave a few days later on November 21, 2014. Pavel Decl. \u00b6 3 (doc. 52). On December 18, 2014, Penny Daugherty and Anne Bonner from sat down with plaintiff and union representative Debra Merskin to discuss the investigation. Id. \u00b6 4. At that meeting, Ms. Daugherty and Ms. Bonner relayed their suspicion that plaintiff appeared to engage in a pattern of sexual harassment and interviewed him to collect additional information regarding the accusations. Id. \u00b6 6. After the meeting, Ms. Daugherty assured plaintiff that he was free to provide any additional evidence or documentation so long as he provided it by January 6, 2015. Daugherty Decl. \u00b6 4. Plaintiff never submitted any additional evidence, 3 3 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 2/24 At the conclusion of the university's investigation, plaintiff and Ms. Merskin met with various staff members on January 16, 2015 to discuss the university's findings. Blandy Decl. \u00b6 4 (doc. 37). Participating staff included defendants Senior Vice Provost for Academic Affairs Doug Blandy and Dean of the College of Education Randy Kamphaus. Pavel Decl. \u00b6 10 (doc. 52). The university found by a preponderance of the evidence that plaintiff violated its sexual harassment policy and interfered with students' rights to equal access to education. Id. \u00b6 5; Blandy Decl. Ex. 3 at 1. More specifically, the university found that plaintiff \"engaged in unwelcome verbal and physical conduct of a sexual nature\" that included touching a student's back, buttocks, and underwear. Blandy Decl. Ex. 3 at 1. The university also found plaintiff made \"[i]nappropriate comments of a sexual nature\" and remarked \"on the student's appearance after having her stand in front of a mirror.\" Id. These findings were presented to plaintiff in writing. Id. Plaintiff had the opportunity to respond, but made no comments during that meeting. Blandy Decl. \u00b6 6. At the January 16 meeting, the university also notified plaintiff it intended to terminate their employment relationship on January 21, 2015. The university gave plaintiff until January 20, 2015 to submit any written response or relevant evidence to change the termination decision. Blandy Decl. Ex. 3 at 2; Merskin Decl. \u00b6 5 (doc. 53); Pavel Decl. \u00b6 10. Plaintiff never replied with any additional evidence or testimony. Pavel Dep. 171:6-23 (doc. 65). Instead, plaintiff responded with a request for more information. Pavel Decl. Ex at 1-2. The university did not 4 comply with plaintiff's request. Pavel Decl. \u00b6 7. Plaintiff avers the January 16 meeting was the first time he learned that the university contemplated terminating him. Id. \u00b6 10. 4 1 1 Defendants challenge plaintiff's assertion on the basis that plaintiff does not support the statement in his declaration with personal knowledge, rendering his lay witness testimony inadmissible under Federal Rules of Evidence 602 and 701. See Orr v. Bank of Am & SA, 285 F.3d 764, 773 (9th Cir. 2002 trial court can only consider admissible evidence in ruling on a motion for summary judgment.\"). Similarly, Federal Rule of Civil Procedure 56(c)(4) requires that affidavits must be based on personal knowledge to carry weight on a motion for summary judgment. Plaintiff's testimony at issue speaks directly to his awareness of the university's intent to fire him. Fed. R. Evid. 701 (permitting lay witnesses to testify if the 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 3/24 testimony is \"rationally based on the witness's perception\"). His statement therefore may be considered as part of the summary judgment record. On May 5, 2015, plaintiff grieved his termination under his collective bargaining agreement. Brady Decl. \u00b6 4 (doc. 39). On February 22, 2016, the university offered plaintiff the opportunity to engage in arbitration under the collective bargaining agreement. Id. Had the arbitration proceeded, plaintiff would have been able to \"call witnesses, offer exhibits, and make arguments\" that the university did not fire him for just cause. Id. Plaintiff's union withdrew from the arbitration and as such, plaintiff could not proceed with arbitration and never received a post-termination hearing. Id at \u00b6 4 & Ex. 5; Merskin Decl. \u00b6 11 Summary judgment is appropriate when the evidence shows \"there is no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law.\" Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The party moving for summary judgment must first identify the parts of the record \"which it believes demonstrate the absence of a genuine issue of material fact.\" Fed. Trade Comm'n v. Stefanchik, 559 F.3d 924, 927 (9th Cir. 2009) (quotation marks omitted). Should the moving party meet this initial burden, \"the burden shifts to the non- 5 moving party to set forth . . . specific facts showing that there is a genuine issue for trial.\" Id. at 928. On a motion for summary judgment, a court views \"the evidence in a light most favorable to the non-moving party[,]\" Id. at 927 claim will survive summary judgment if there is \"evidence on which the jury could reasonably find for the plaintiff. The judge's inquiry, therefore, unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the plaintiff is entitled to a verdict[.]\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). 5 Defendants move for partial summary judgment, arguing that a reasonable jury could not find a procedural or a substantive due process violation based on the record before the Court. Even if there is a genuine dispute over 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 4/24 material fact, defendants argue they deserve qualified immunity on plaintiff's procedural and substantive due process claims. I. Procedural Due Process a. Merits The Due Process Clause of the Fourteenth Amendment provides that no state shall \"deprive any person of life, liberty, or property, without due process of law.\" U.S. Const, amend. XIV, \u00a7 1. \"Procedural due process rules are meant to protect persons not from the deprivation, but from the mistaken or unjustified deprivation of life, liberty, or property.\" Carey v. Piphus, 435 U.S. 247, 259 (1978 procedural due process claim has two distinct elements: (1) a deprivation of a constitutionally protected liberty or property interest, and (2) a denial of adequate procedural protections.\" Brewster v. Bd. of Educ. of Lynwood Unified Sch. Dist., 149 F.3d 971, 982 (9th Cir. 1998). 6 6 The parties do not dispute that plaintiff has a protected property interest in his continued employment because he was a tenured professor pursuant to a collective bargaining agreement that provides employees will only be fired for just cause. See Blantz v. Cal. Dep't of Corr. & Rehab., 727 F.3d 917, 921 (9th Cir. 2013) (\"[G]overnment employees can have a protected property interest in their continued employment if they have a legitimate claim to tenure or if the terms of the employment make it clear that the employee can be fired only for cause.\") (emphasis omitted). Unlike rigid legal rules, \"due process is flexible and calls for such procedural protections as the particular situation demands.\" Morrissey v. Brewer, 408 U.S. 471, 481 (1972). \"The base requirement of the Due Process Clause is that a person deprived of property be given an opportunity to be heard 'at a meaningful time and in a meaningful manner.'\" Brewster, 149 F.3d at 984 (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)); see Clements v. Airport Auth. of Washoe Cnty., 69 F.3d 321, 332 (9th Cir. 1995) (\"The essential requirements of this pre-termination process are notice and an opportunity to respond.\") (emphasis omitted). Moreover, courts are slow to find \"trial- type proceedings are . . . constitutionally required\" because \"an agency has 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 5/24 broad discretion in choosing the form of the proceeding that it will conduct Int'l, Inc. v. Kerry, 803 F.3d 1059, 1075 (9th Cir. 2015), In the public employee context, generally government employers must provide \"some kind of hearing prior to the discharge of an employee who has a constitutionally protected property interest in his employment.\" Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 542 (1985) (internal quotation marks omitted). In most cases, the employer complies with procedural due process' pre-deprivation hearing requirements when the employer provides the 7 employee \"oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story,\" Id. at 545. The hearing \"need not be elaborate\" because it does not need to \"definitively resolve the propriety of the discharge\" or approximate a trial-like proceeding. Id.; see Gilbert v. Homar, 520 U.S. 924, 929 (1997) (explaining \"that a public employee dismissable only for cause was entitled to a very limited hearing prior to his termination, to be followed by a more comprehensive post-termination hearing\") (emphasis added). Therefore, the pre-termination hearing need only serve as an \"initial check\" to ensure the employee's discharge is \"reasonable,\" Gilbert, 520 U.S. at 929 (quoting Loudermill, 470 U.S. at 545-46, and not \"baseless or unwarranted,\" id. at 531 (quoting Fed. Deposit Ins. Corp. v. Mallen, 486 U.S. 230, 240 (1988)); see also Clements, 69 F.3d at 333 n.15 pre-termination hearing . . . does not constitute an 'adjudication.'\"). Moreover, courts are more likely to hold a meager pre-termination process satisfied due process if the employer provides a robust post-termination process. Brewster, 149 F.3d 971, 986 (9th Cir. 1998) (explaining \"meager\" pre-deprivation hearing satisfies due process); see generally Loudermill, 470 U.S. at 546 (warning that to require robust pre-termination procedures \"would intrude to an unwarranted extent on the government's interest in quickly removing an unsatisfactory employee\"). 7 To determine whether a public employer offered an employee adequate process under the Fourteenth Amendment, courts must weigh three factors. First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 6/24 8 Mathews v. Eldridge, 424 U.S. 319, 335 (1976). additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. 8 Under the first factor, a plaintiff's interest in continued employment as a tenured employee is substantial and weighs in favor of requiring defendants to offer procedural safeguards. Loudermill, 470 U.S. at 543 (\"[T]he significance of the private interest in retaining employment cannot be gainsaid\" because of the \"severity of depriving a person of the means of livelihood\"); see Gilbert, 520 U.S. at 932 (explaining the length and finality of the deprivation affect courts' determination as to how much process is due). The first factor also considers the ultimate hardship plaintiff suffers because of the deprivation and not merely the size of the deprivation. See Matthews, 424 U.S. at 342 (explaining that \"the possibility of access to private resources\" and \"other forms of government assistance\" could justify fewer procedural protections before a deprivation). However, where post- termination process could provide plaintiff with reinstatement and back pay for an erroneous termination, the first factor does not weigh as strongly in favor of more process. Cf. id. at 340; see also Brady Decl. Ex 1 at 53 & 56 (stating that back pay, back benefits, and reinstatement are available under the collective bargaining agreement if an employee prevails in arbitration). In an employment dispute, the third factor also usually weighs in favor of a more robust process. In a wrongful termination case, \"some opportunity for the employee to present his side of the case is recurringly of obvious value in reaching an accurate decision\" because such cases \"often involve factual disputes.\" Loudermill, 470 U.S. at 543; see id. (\"Even where the facts are clear, the appropriateness or necessity of the discharge may not be[.]\"). However, the mere fact that the employer could later recant its discipline does not make out a procedural due process violation. Mackey v. Montrym, 443 U.S. 1, 13 (1979) (\"The Due Process Clause simply does not 9 mandate that all governmental decision[-]making comply with standards that assure perfect, error-free determinations.\"). This is particularly so because \"the Government has a much freer hand in dealing with citizen employees than it 9 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 7/24 does when it brings its sovereign power to bear on citizens at large.\" Heidt v. City of McMinnville, 2015 9484484, at 6 (D. Or. Dec. 29, 2015) (quoting v. Nelson, 562 U.S. 134, 148 (2011)) (internal quotation marks omitted). The weight of the third factor can shift when the defendant has unusually strong interests in speedy action. When a case involves a highly visible public employees whose job depends upon public trust, employers may under certain circumstances impose adverse employment actions without any pre-deprivation process. Gilbert, 520 U.S. at 930 (\"[W]here a State must act quickly, or where it would be impractical to provide predeprivation process, postdeprivation process satisfies the requirements of the Due Process Clause\"). The Ninth Circuit held a fired teacher deserved no process before he was suspended without pay in Mustafa v. Clark County School District, 157 F.3d 1169, 1177 (9th Cir. 1998). There, a student filed a police report that charged the plaintiff with \"Open and Gross Lewdness\" that involved sexual misconduct. Id. at 1172. Four days later, the defendant school district suspended the plaintiff without pay. Id. The superintendent also recommended that the school board should quickly terminate the plaintiff. Id. The following week, the defendant offered a pre-termination hearing so the plaintiff could explain his side of the story. Id. at 1173. There was also a subsequent arbitration. Id. Even though the defendant ultimately reinstated the plaintiff because the student's charge could not be substantiated, the defendant did not violate procedural due process by suspending the plaintiff without any pre-deprivation process, Id. at 1177. The Ninth Circuit explained that because \"the employee 'occupie[d] a position of great 10 public trust and high public visibility,'\" the defendant offer[ed] a reasonably prompt post-deprivation hearing, and assurance exist[ed] that the defendant ha[d] \"reasonable grounds\" to support its decision, pre-deprivation process was unnecessary because the need for speedy action outweighed concerns of an erroneous deprivation. Id. at 1177 (quoting Gilbert, 520 U.S. at 932). 10 The Supreme Court has held that an employer may have no constitutional obligation to provide pre-suspension process when \"an independent third party has determined that there is probable cause to believe the employee committed a serious crime[,]\" such as when the plaintiff is arrested and 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 8/24 formally charged. Gilbert, 520 U.S. at 934. In Mustafa, the plaintiff was neither arrested nor charged; however, the student filed a police report which, combined with the defendant's conversation with the student, provided sufficient assurance that the defendant had reasonable and not arbitrary grounds for the adverse employment action. Mustafa, 157 F.3d at 1177. In that case, the need for preserving public confidence in the school, compounded with the assurances of reasonableness provided by the student's complaint and defendant's investigation, outweighed the risk of erroneous deprivation. Mustafa and Gilbert do not control the analysis here because they concerned the right to pre-deprivation process before suspension without pay, not the right to pre-deprivation process before termination. These cases do, however, illustrate how an employer's pressing need to take action can affect the Mathews balancing test. Here, the university's interest in protecting student safety, maintaining public confidence, avoiding Title liability, and minimizing the disruption to students' education are weighty and considerable. Further, like in Mustafa, defendants relied on a student complaint and an internal investigation before making the termination decision. Therefore, considering the totality of the circumstances, the Court finds the third factor weighs 11 heavily in favor of upholding the university's process as constitutionally adequate so long as it provided plaintiff the basic pre-termination protections of notice and an opportunity to present his side of the story. 11 Having concluded that the first Matthews factor favors more process and the third Matthews factor favors upholding the process provided as adequate, the Court turns to the second factor. The second factor is the \"most important\" because it considers \"the risk of erroneous deprivation and the likely value of any additional procedures.\" Gilbert, 520 U.S. at 933. On this point, plaintiff points to a number of alleged deficiencies in the process. Specifically, plaintiff argues that (1) he was unfairly surprised by the university's decision to terminate his employment because he did not know the university considered the discipline before his January 16 meeting and did not have a meaningful opportunity to respond before the short January 20 deadline; (2) he could not view the original copies of the student complaints against him and had to rely on oral representations of the complaints; and (3) 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 9/24 defendants' hostility is evidence that they predetermined the outcome of the process, thereby denying plaintiff any meaningful opportunity to be heard. 12 2 12 2 Plaintiff makes two other arguments that defendants violated plaintiff's procedural due process rights. First, plaintiff suggests the post-termination process was inadequate because his union withdrew from arbitration and defendants never offered a name-clearing hearing. However, these circumstances do not give rise to a due process claim. First, arbitrations can serve as a constitutionally sufficient substitute for a name-clearing hearing. Mustafa, 157 F.3d at 1179. Second, although it is certainly understandable that plaintiff is angry he was denied the right to participate in arbitration, that denial stems from actions taken by the union, not by defendants. Any claim plaintiff has regarding his ability to participate in arbitration, therefore, must be a claim against plaintiff's union for potentially shirking its fiduciary duties to represent its members in good faith. See Armstrong v. Meyers, 964 F.2d 948, 951 (9th Cir. 1992) (holding that the availability of arbitration can satisfy due process even if the union's decision prevents an employee from actually participating in arbitration); see also Vaca v. Sipes, 386 U.S. 171, 190 (1967) (explaining unions' duties to collective bargaining unit members under the Fair Labor Relations Act). This is consistent with precedent explaining that a plaintiff's decision to voluntarily withdraw from process offered does not manufacture a procedural due process claim. Peacockv. Bd. of Regents of Univs. & State Coll. of Ariz., 597 F.2d 163, 166 (9th Cir. 1979). Second, plaintiff argues that because defendants are unable to establish that they appropriately fired plaintiff for just cause under the collective bargaining agreement, defendants violated plaintiff's procedural due process rights. It is true that plaintiff's collective bargaining agreement creates the protected property interest that triggers procedural due process protections here, but that does not mean the collective bargaining agreement determines what process was constitutionally due. If plaintiff \"believes his termination was in breach of contract, his recourse lies in a breach of contract claim, not in a procedural due process claim.\" Servo v. Junginger, 2014 3891751, at 12 (D. Or. Aug. 6, 2014). First, plaintiff argues that defendants violated his procedural due process rights by not giving him sufficient notice that the university considered terminating their employment relationship. In order to satisfy procedural due process' \"low\" notice requirements, defendants must take \"reasonably 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 10/24 calculated\" steps to \"apprise interested parties of the pendency of the action and afford them an opportunity to present their objection.\" Espinosa v. United Student Aid Funds, Inc., 553 F.3d 1193, 1202 (9th Cir.2008) (quoting Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950)). As such, mere notice of the charges against an employee will not suffice. See Matthews v. Harney Cnty. Sch. Dist. No. 4, 819 F.2d 889, 893 (9th Cir. 1987) (holding that a public employer violates due process if the termination comes before the employee \"was ever aware that her job was in jeopardy\"). Notice that the university specifically contemplated firing plaintiff is an essential part of due process because plaintiff must be given an opportunity to \"present reasons . . . why a proposed action should not be taken should not be taken.\" Novak v. United States, 795 F.3d 1012, 1023 (9th Cir. 2015) (quoting Loudermill, 470 U.S. at 546) (emphasis added and alterations normalized). Defendants persuasively argue notice is constitutionally adequate because they informed plaintiff about the impending termination on January 16, five days before it took effect, and 13 plaintiff could submit additional evidence or testimony until January 20. Defendants did not owe a duty to notify plaintiff that they were considering his termination before they finished their investigation, See Loudermill, 470 U.S. at 543 (explaining that notice and \"some opportunity\" to rebut the charge before the termination is effective satisfy procedural due process). Plaintiff does not dispute he was fully aware of the university's intent to fire him before the termination took effect and as such, cannot reasonably argue he did not receive notice of the termination. 13 Plaintiff contends the notice was constitutionally inadequate because the university gave him too short a period to provide additional information. Plaintiff characterizes defendants' deadline as unreasonable since it only provided plaintiff with one full business day to respond. Defendants notified plaintiff of the termination decision on January 16, a Friday. Although plaintiff had four days to respond to the decision, those four days included a weekend and a holiday (Martin Luther King, Jr. Day.) Defendants rejoin that plaintiffs' sham affidavit fails to raise a genuine dispute over material fact that he had sufficient time to respond meaningfully. See Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262, 266 (9th Cir. 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 11/24 1991) (\"The general rule in the Ninth Circuit is that a party cannot create an issue of fact by an affidavit that contradicting his prior deposition testimony\" because summary judgment loses its utility if courts cannot screen out sham issues of fact), Defendants explain that even though plaintiff's declaration proffered that he did not have sufficient opportunity to respond, plaintiff recognized in a deposition that defendants offered him some opportunity after receiving the termination notice on January 16. Walkup Decl. Ex. 1 at 5 Mar. 15, 2017. 14 14 Under the appropriate caution against aggressively applying the sham affidavit rule, the Court finds defendants' argument unavailing. Courts must apply this rule with all due caution because \"the rule . . . threatens to ensnare parties who may have simply been confused during their deposition testimony and may encourage gamesmanship by opposing attorneys.\" Van Asdale v. Int'l Game Tech., 577 F.3d 989, 998 (9th Cir. 2009); see Yeager v. Bowlin, 693 F.3d 1076, 1080 (9th Cir. 2012) (explaining that the sham affidavit rule \"is in tension with the principle that the court is not to make credibility determinations when granting or denying summary judgment\"). As such, not every contradiction gives just cause for the Court to strike inconsistent portions of plaintiff's allegedly sham affidavit. Yeager, 693 F.3d at 1080. Only those inconsistencies that are \"clear and unambiguous\" justify striking the affidavit. Id. (quoting Van Asdale, 577 F.3d at 998-99). Here, the two statements do not clearly and unambiguously conflict because plaintiff's deposition testimony speaks to defendants' offer of some time to respond and plaintiff's affidavit speaks to assertion that he did not have sufficient time to meaningfully respond. These two statements are not irreconcilable. Therefore, the Court rejects defendants' argument that plaintiff submitted a sham affidavit, However, plaintiff's assertion that more time was necessary to respond is nonetheless unpersuasive. Plaintiff's deposition testimony indicates he was advised not to respond to defendants' offer to submit additional evidence. Walkup Decl. Ex. 1 at 4 Mar. 15, 2017. Because opting out of process afforded cannot give rise to a procedural due process claim, plaintiff fails to raise a genuine dispute of material fact that more time would have added value to an allegedly deficient process. Reinlasoder v. City of Colstrip, 657 F. App'x 636, 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 12/24 638-39 (9th 15 Cir. 2016); Correa v. Nampa Sch. Dist. No. 131, 645 F.2d 814, 817 (9th Cir. 1981); Peacock, 597 F.2d at 166. 15 Second, plaintiff argues that without written explanation of the allegations against him, he did not have a meaningful opportunity to respond. Defendants respond they exhausted their due process requirements by providing a detailed oral summary of the evidence against plaintiff as well as a written summary of their findings. Walkup Decl. Ex. 1 at 5-14 Mar. 15, 2017; Blandy Decl. Ex. 3 at 1. While the Supreme Court recognized that generally a \"tenured public employee is entitled to oral or written notice of the charges against him [and] an explanation of the employer's evidence,\" Loudermill, 470 U.S. at 546, a summary of evidence may, \"in certain circumstance, provide sufficient notice to allow a meaningful opportunity to respond Int'l, Inc., 803 F.3d at 1077. However, broad summaries of allegations do not always provide sufficiently meaningful opportunity to respond to the evidence, particularly where the government declines to provide \"crucial details\" and asserts that the allegations come from \"confidential sources.\" Id. Evidence that is more detailed would provide plaintiff a greater opportunity to find inconsistencies and weaknesses in defendants' reasoning, decreasing the risk of erroneous deprivation. Moreover, it appears defendants could have provided access to the actual complaints without incurring any substantial burden. Plaintiff therefore raises a genuine dispute over material fact that defendants deprived him of a meaningful opportunity to respond to the charges and evidence against him. Finally, plaintiff argues that the process afforded violated procedural due process because defendants must offer some degree of an open mind to hearing and evaluating plaintiff's arguments in order to comply with basic fairness. See Withrow v. Larkin, 421 U.S. 35, 46-47 16 (1975) (explaining that the due process right to a fundamentally fair tribunal \"applies to administrative agencies\"). In order to provide a meaningful opportunity to safeguard a plaintiff's protected liberty or property interests, defendants cannot offer process as a mere formality and cannot listen to plaintiff's evidence with a tin ear because a fundamentally fair hearing requires some possibility of altering defendants' decision. Brady v. Gebbie, 859 F.2d 1543, 1555 (9th Cir. 1988); Matthews v. Harney County, 819 F.2d at 893-94 (\"Due process of law is not present where the state has gone through the 16 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 13/24 mechanics of providing a hearing, but the hearing is totally devoid of a meaningful opportunity to be heard.\") (quoting Washington v. Kirksey, 811 F.2d 561, 564 (11th Cir. 1987)) (alterations normalized). In the procedural due process context, courts presume government defendants exercise rational, good faith decision-making. In order to \"overcome a presumption of honesty and integrity in those serving as adjudicators,\" plaintiff must show either that the decision-maker was actually biased or that \"the probability of actual bias on the part of the judge or decision[-]maker is too high to be constitutionally tolerable.\" Withrow, 421 U.S. at 47. To show actual bias, plaintiff must show decision-makers \"display a deep- seated favoritism or antagonism that would make fair judgment impossible.\" Liteky v. United States, 510 U.S. 540, 555 (1994) see Stivers v. Pierce, 71 F.3d 732, 744 (9th Cir. 1995) (explaining some partiality or hostility standing alone does not rebut the presumption of honesty in government decision- making); United States v. State of Or., 44 F.3d 758, 772 (9th Cir. 1994) (explaining that \"generalized suspicion of inhospitable treatment . . . , in itself,\" is insufficient to establish a due process violation). 17 17 \"Supreme Court precedent reveals only three circumstances in which an appearance of bias\u2014as opposed to evidence of actual bias\"\u2014violates procedural due process. Crater v. Galaza, 491 F.3d 1119, 1131 (9th Cir. 2007). There is an intolerable risk that decision-makers will unreasonably prejudge an issue when they have \"direct, personal, substantial pecuniary interest in reaching a conclusion against one of the\" participants, are \"embroiled in a running, bitter controversy\" with one of the participants, or meaningfully participated in \"the accusatory process.\" Id. (citations and quotation marks omitted) (alterations normalized); see In re Murchison, 349 U.S. 133, 136 (1955) (explaining that due process reflects the maxim that \"no man can be a judge in his own case and no man is permitted to try cases where he has an interest in the outcome\"). Because plaintiff does not come forward with substantial evidence that would support a finding of apparent bias, plaintiff must come forward with 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 14/24 evidence of actual bias strong enough to overcome the presumption of honesty in decision-making of government officials. On this point, plaintiff testifies to the hostility during the December 18, 2014 meeting and bemoans that \"[a]ny attempt at an answer provided became contested.\" Pavel Decl. \u00b6 5. Plaintiff also testifies that an investigator said, \" [w]e're going to find a pattern; you might as well admit it.\" Id. \u00b6 6. Even assuming that testimony could support a finding of actual bias, it would be insufficient to support a due process claim because it shows bias on the part of the investigators and not on the part of the final decision-makers. See Lumbreras v. Roberts, 319 F. Supp. 2d 1191, 1211 (D, Or. 2004) (granting summary judgment on a procedural due process claim because it was \"undisputed that the ultimate decision-makers acted free of the influence of the allegedly biased actor), aff'd, 156 F. App'x 952 (9th Cir. 2005); Holder, 2016 18 1725299, at 3 (Finding insufficient evidence that the final decision-maker, rather than the plaintiff's direct supervisor, was biased). 18 In his declaration, plaintiff also says an unidentified person told him that no reconsideration was possible after the January 16 meeting. Pavel Decl. \u00b6 13. That statement is inadmissible hearsay. \"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.\" Orr v. Bank of America & SA, 285 F.3d 764, 778 (9th Cir. 2002) (quoting Fed. R. Evid. 801(c)) (internal quotation marks omitted). Hearsay is inadmissible \"unless it is defined as non-hearsay under Federal Rule of Evidence 801(d) or falls within a hearsay exception under Rules 803, 804 or 807.\" Id. The mere fact that a litigant offers hearsay evidence does not prevent that evidence from being considered on summary judgment \"so long as the underlying evidence could be provided in an admissible form at trial, such as by live testimony[,]\" but the litigant bears the burden of explaining that the evidence would be admissible in some form at trial Beverage Co v. Jim Beam Brands Co., 828 F.3d 1098, 1110 (9th Cir. 2016). Without assurance that the evidence would be admissible, it is insufficient to rebut defendants' presumption of good faith government decision-making. Chao v. Westside Drywall, Inc., 709 F. Supp. 2d 1037, 1048 & 1058 (D. Or. 2010) (explaining \"deference to the non- moving party has limits\" because \"speculative testimony\" or a scintilla of evidence is insufficient to stave off a motion for summary judgment under 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 15/24 Federal Rule of Civil Procecdure 56(c)(1)'s requirement that the non- movant point to specific facts). Federal Rule of Civil Procedure 56(e) gives courts discretion to temper the harsh results of losing a motion for summary judgment on evidentiary technicalities by providing litigants an 19 opportunity to cure deficiencies in the record. Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1261 (9th Cir. 1993) (\"When a party opposing summary judgment fails to comply with the formalities of Rule 56, a court may choose to be somewhat lenient in the exercise of its discretion to deal with the deficiency.\"). While the Court could provide another opportunity for plaintiff to properly support his assertion, the Court declines to exercise discretion under 56(e) because it would be futile. As the Court will explain below, even if plaintiff were able to raise a genuine dispute of material fact on this point, the Court dismisses plaintiff's procedural due process claim on the basis that defendants deserve qualified immunity. 19 Finally, plaintiff points to Ms. Merskin's testimony that many of OAAEO's investigations proceed under a presumption of guilt and under motivated reasoning, invariably lead to discipline. Merskin Decl. \u00b6 10 (\"[G]iven my past experience with the [OAAEO's] process, and the hostile, accusatory tone of the December meeting, it seemed to me a foregone conclusion that the investigation would determine that he was guilty as charged and he would be disciplined in some way.\"). Although this is indirect, relatively weak evidence of actual bias, plaintiff's affidavit from a third party could raise a triable issue regarding whether defendant had a meaningful opportunity to change the termination decision between January 16 and January 21. But cf. Liteky, 510 U.S. at 555 (holding, in the context of judicial proceedings, that \"opinions formed . . . on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings do not constitute a basis for a bias or partiality unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible.\"). On the merits, plaintiff's procedural due process claim would survive summary judgment because there are genuine issue of material fact regarding whether the decision-makers were 20 biased and whether access to the written charges against him would have improved his ability to 20 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 16/24 al-Kidd v. Ashcroft, 580 F.3d 949, 964 (citing Saucier v. Katz, 533 U.S. 194, 201 (2001)), rev'd on other grounds, 536 U.S. 731 (2011). Under either prong of the inquiry, courts may not import disputed material facts, Tolan, 134 S. Ct. at 1866. As explained above, taking the evidence in 21 the light most favorable to plaintiff, he has shown a violation of his procedural due process rights. The question is whether those rights were clearly established. meaningfully respond to those charges. Nonetheless, as explained below, defendants are entitled to summary judgment because of qualified immunity. b. Qualified Immunity for Procedural Due Process The doctrine of qualified immunity shields public officials from bearing the burden of suit for damages \"insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.\" Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); see Davis v. Scherer, 468 U.S. 183, 195 (1984) (\"The qualified immunity doctrine recognizes that officials can act without fear of harassing litigation only if they reasonably can anticipate when their conduct may give rise to liability for damages[.]\"). Moreover, the justifications for granting qualified immunity are strongest where officials must act \"swiftly and firmly,\" Scheuer v. Rhodes, 416 U.S. 232, 246 (1974), abrogated on other grounds by Harlow, 457 U.S. 800, because of \"the danger that the threat of . . . liability would deter [officials'] willingness to execute [their duties] with the decisiveness and the judgment required by the public good[,]\" id. at 240. Determining whether officials are owed qualified immunity involves two inquiries: (1) whether, taken in the light most favorable to the party asserting the injury, the facts alleged show the officer's conduct violated a constitutional right; and (2) if so, whether the right was clearly established in light of the specific context of the case. 21 The \"far-reaching\" protections of qualified immunity extend to officials who make reasonable mistakes, Brewster, 149 F.3d at 977; see Hunter v. Bryant, 502 U.S. 224, 229 (1991) (explaining that qualified immunity \"gives ample room for make mistaken judgments\" and applies where the legality of the conduct 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 17/24 Brewster, 149 F.3d at 983-84 (quotation marks and citations omitted). As such, procedural due process claims \"can rarely be considered 'clearly is a close call because \"officials should not err always on the side of caution\") (quoting Malley v. Briggs, 475 U.S. 335, 343 (1986) and Davis v. Scherer, 468 U.S. 183, 196 (1984)). The \"government interest in avoiding unwarranted timidity on the part of those engaged in the public's business [is] the most important special government immunity-producing concern,\" Filarsky v. Delia, 566 U.S. 377, 390 (2012) (quoting Richardson v. McKnight, 521 U.S. 399, 409 (1997)) (internal quotations omitted), because \"holding officials liable for reasonable mistakes might unnecessarily paralyze their ability to make difficult decisions in challenging situations, thus disrupting the effective performance of their public duties[,]\" Mueller v. Auker, 576 F.3d 979, 993 (9th Cir. 2009). As such, \"[t]o determine whether a constitutional right has been clearly established for qualified immunity purposes, we must survey the legal landscape and examine those cases that are most like the instant case\" to find whether the law is so clear that no reasonable official would be unaware of the risk of violating plaintiff's rights. Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of Higher Educ., 616 F.3d 963, 970 (9th Cir. 2010) (quoting Trevino v. Gates, 99 F.3d 911, 917 (9th Cir. 1996)) (quotations omitted). The defendant need not identify \"a case directly on point, but existing precedent must have placed the statutory or constitutional question beyond debate.\" Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011). 22 22 Procedural due process requires a fact-specific and mercurial inquiry. See Gilbert, 520 U.S. at 930 (explaining any categorical rule in the procedural due process context is \"indefensible\"). As the Ninth Circuit has explained [F]or all its consequence, due process has never been, and perhaps never can be, precisely defined. Rather, the phrase expresses the requirement of fundamental fairness, a requirement whose meaning can be as opaque as its importance is lofty. As a result, deciphering and applying the Due Process Clause is, at best, an uncertain enterprise. . . . After all, unlike some legal rules, due process is not a technical conception with a fixed content unrelated to time, place and circumstances. . . . One cannot accurately predict how any specific case will be decided. 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 18/24 established' at least in the absence of closely corresponding factual and legal precedent,\" Baker v. Racansky, 887 F.2d 183, 187 (9th Cir. 1989) (quotation marks omitted). Plaintiff makes no arguments concerning qualified immunity. The Court concludes defendants did not violate a clearly established right. It is not at all clear how much pre-termination process plaintiff deserved because of the visibility of plaintiff's position, the necessity for public confidence to do his job effectively, the student safety concerns, and the robust post-termination arbitration process offered to plaintiff. See Brewster, 149 F.3d at 984 (explaining that the Supreme Court is expanding the rule that pre- deprivation hearings are not always required). While Gilbert and Mustafa occurred in the context of public employers suspending employees without pay rather than terminating them, the case law is opaque as to how these precedents apply in the termination setting given the university's particular interest in fostering student safety and a productive learning environment. See Sinaloa Lake Owners Ass'n v. Tudor, 882 F.2d 1398, 1406 (9th Cir. 1989) (\"The Supreme Court has repeatedly held that 23 summary governmental action taken in emergencies and designed to protect the public health, safety and general welfare does not violate due process.\"), overruled on other grounds by Armendariz v. Penman, 75 F.3d 1311, 1324 (9th Cir. 1996). It is not clearly established that plaintiff was entitled to any more pre-termination process than he received. 23 Even assuming defendants violated plaintiff's due process rights by deciding to provide only an oral summary of the evidence at the January 16 meeting, that decision is a reasonable mistake based on the unclearly defined law. Brewster, 149 F.3d at 977 (\"[I]n order to ensure that government officials receive necessary guidance, courts should focus the qualified immunity inquiry at the level of implementation.\"). In Loudermill, 470 U.S. at 546, the Supreme Court required employers to provide oral or written notice of the changes against plaintiff and \"an explanation of the employer's evidence\" at the pre-termination hearing. Here, the university asked detailed and thorough questions to solicit plaintiff's responses to each and every allegation the student made in her report to the police. See Thornton Decl. Ex. 2 (doc. 66); Walkup Decl. Ex, 1 Mar. 15, 2017. The university also provided plaintiff with a written summary of the factual findings supporting 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 19/24 the termination decision. Blandy Decl. Ex. 3 at 1. That process reasonably complies with Loudermill. Further, defendants reasonably could have concluded that fewer procedural protections were necessary in light of the student's police report. Mustafa, 157 F.3d at 1177 (explaining a police report filed by a student that a teacher engaged in sexual misconduct serves as substantial assurance that adverse employment action is not baseless or unwarranted). Not every reasonable official would be on fair notice that a detailed oral recounting is insufficient because the pre-termination process is not an adjudication but merely serves as an initial check to ensure the university's decision is based on some evidence and not 24 arbitrary. See Dosier v. Cent. Oregon Cmty. Coll., 2015 6121907, at 3 (D. Or. Oct. 14, 2015) (explaining a pre-dismissal letter stating the reasons for termination and the opportunity to respond to those reasons satisfied procedural due process). 24 Moreover, plaintiff's arguments that defendants violated procedural due process by depriving him of fair tribunal are unavailing in the qualified immunity context because the law is not clearly established given the particular contours of this case. Even though it \"is well-settled that the Due Process Clause prevents the state from depriving a plaintiff of a protected property interest without a fair trial in a fair tribunal,\" Stivers, 71 F.3d at 741 (quotation marks omitted), case law does not clearly establish that a pre- termination process requires unbiased arbiters when plaintiff has access to a robust post-termination arbitration under his collective bargaining agreement. As the Ninth Circuit explained, \"the decision[-]maker in a pre- termination hearing need not be impartial, so long as an impartial decision[-]maker is provided at the post-termination hearing\" because the pre-termination process is not a full adjudication on the merits. Clements, 69 F.3d at 333 n.15 (emphasis in original); Sadid v. Vailas, 936 F. Supp. 2d 1207, 1216 & 1231 (D. Idaho 2013) (holding that participation of university president in pre-termination proceedings did not violate clearly established law even though the terminated employee had personally attacked the president's leadership in the press). Therefore, because 25 no clearly established law put defendants on fair notice that plaintiff deserved more process, the Court grants defendants summary judgment on plaintiff's 3 25 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 20/24 procedural due process claim on the grounds defendants deserve qualified immunity. 3 Because plaintiff does not come forward with substantial evidence to rebut the presumption of honesty in government decision-making as to plaintiff's post-termination process, the Court cannot find that the arbitrator appointed under plaintiff's collective-bargaining agreement would not have ferreted out and corrected any biased decision-making in plaintiff's pre- termination process. Out-of-circuit case law also finds no due process violation based on bias in the plaintiff's pre-termination process when the plaintiff has post-termination process available, if the plaintiff does not actually proceed to post-termination hearings. Sutton v. Bailey, 702 F.3d 444, 449 (8th Cir. 2012); Farhat v. Jopke, 370 F.3d 580, 597 (6th Cir. 2004). As the Fifth Circuit explained, the \"state is obligated only to make available the means by which [the employee] can receive redress for the deprivations.\" Schaper v. City of Huntsville, 813 F.2d 709, 715-16 (5th Cir. 1987) (quoting Parratt v. Taylor, 451 U.S. 527, 543 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327 (1986)) (quotation marks omitted). II. Substantive Due Process Substantive due process prohibits a government from depriving \"a person of life, liberty, or property in such a way that . . . interferes with rights implicit in the concept of ordered liberty.\" Engquist v. Or. Dep't of Agric., 478 F.3d 985, 996 (9th Cir. 2007), aff'd sub nom. 553 U.S. 591 (2008) (quoting Squaw Valley Dev. Co. v. Goldberg, 375 F.3d 936, 948 (9th Cir. 2004)) (ellipsis in original threshold requirement to a substantive or procedural due process claim is the plaintiff's showing of a liberty or property interest protected by the Constitution.\" Wedges/Ledges of Cal., Inc. v. City of Phoenix, 24 F.3d 56, 62 (9th Cir. 1994). Occupational freedom to practice the profession of one's choice is a protected liberty interest, even though substantive due process does not protect the right to be in any particular job. Engquist, 478 F.3d at 996. However because not every tort gives rise to a substantive due process violation, substantive due process rights for occupational liberty only give rise to liability in the \"extreme cases,\" such as when a government creates a \"blacklist, which when circulated or otherwise publicized to prospective employers effectively excludes the blacklisted individual from his occupation, much as if the government had yanked the license of an 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 21/24 individual in an occupation that requires licensure.\" Id. at 997-98 (citation and internal quotation marks omitted); see Bordelon v. Chi. Sch. Reform Bd. of Trs., 233 F.3d 524, 531 (7th Cir. 2000) (explaining that 26 plaintiffs must show that \"the character and circumstances of a public employer's stigmatizing conduct or statements are such as to have destroyed an employee's freedom to take advantage of other employment opportunities.\"). Public employers' stigmatizing statements that merely cause \"reduced economic returns and diminished prestige, but not permanent exclusion from, or protracted interruption of, gainful employment within the trade or profession\" are not sufficient to state a due process deprivation. Blantz, 727 F.3d at 925 (9th Cir. 2013) (quotation marks omitted). Ultimately, plaintiff must show defendants were arbitrary and had no reason for effectively blacklisting him from his chosen profession to stave off defendants' summary judgment motion v. Henderson, 940 F.2d 465, 474 (9th Cir. 1991) (explaining that plaintiffs must show the government reasoning has \"no substantial relation to the public health, safety, morals, or general welfare\") (quoting Lebbos v. Judges of Super. Ct., Santa Clara Cnty., 883 F.2d 810, 818 (9th Cir. 1989)). 26 4 4 Depending on the right at issue, courts may inquire into the government's actual reasons or only consider \"whether the government could have had a legitimate reason for acting as it did.\" Sagana v. Tenorio, 384 F.3d 731, 743 (9th Cir. 2004), as amended (Oct. 18, 2004) (quoting Wedges/Ledges, 24 F.3d at 66) (emphasis in original). The standard depends on whether plaintiff alleges a violation of a fundamental right. Id. Although there is no precedent directly on point, it appears that rational basis review would apply here because the liberty interest at issue here is not a fundamental right. Cf. Country Classic Dairies, Inc. v. State of Mont., Dep't of Commerce Milk Control Bureau, 847 F.2d 593, 596 (9th Cir, 1998) (noting Supreme Court precedent holding that the \"right to pursue a calling is not a fundamental right for purposes of the Equal Protection Clause\"). -------- There are two reasons why plaintiff fails to raise a genuine dispute over material fact that preserves a question for the jury. First, plaintiff's evidence of blacklisting falls short of \"the extremely high bar to make out a substantive due process violation.\" Boyd v. Edwards, 2015 3407890, at 2 (D, Or. May 27, 2015). Plaintiff suggests that since publication of the charges against him, he suffered irreparable harm to his reputation and lost speaking 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 22/24 27 opportunities, a grant, a contract, and spots on doctoral committees. Pavel Decl. \u00b6\u00b6 22-24. However, \"some adverse effect on\" plaintiff's \"job prospects\" is insufficient to give rise to a substantive due process claim. Engquist, 478 F.3d at 998 (quoting Bordelon, 233 F.3d at 531). Instead, plaintiff must show it is \"virtually impossible . . . to find new employment in\" plaintiff's chosen field. Id. (quoting Bordelon., 233 F.3d at 531). In Engquist, the plaintiff could not find work after applying for approximately 200 jobs. Id. at 991. The Ninth Circuit found no rational jury could find the defendant's \"defamatory statements to two or three other people in the industry\" had caused the plaintiff's difficulty finding work, holding instead that the plaintiff merely showed she had difficulty finding a job in the same highly specialized field in Oregon. Id. at 999. Here, plaintiff concedes he has not applied to any jobs as there have been no openings. Pavel Dep. 215:8-16. As such, plaintiff fails to raise a genuine dispute over material fact that defendants essentially blacklisted him from teaching. 27 Second, the Court must grant defendants qualified immunity because the law is not clearly established. As one court in the Ninth Circuit explained, there is a circuit split and uncertainty within the Ninth Circuit as to whether the same actor must deprive plaintiff of his liberty interest and publicize stigmatizing information. See Eberhard v. California Highway Patrol, 73 F. Supp. 3d 1122, 1131 (N.D. Cal. 2014). Here, none of the named defendants appears on the e-mail chain with the Register Guard that led to the release of the police report alleging plaintiff sexually harassed a student. See Thornton Decl. Ex, 1. In light of the ambiguity in the law, that evidence is fatal to plaintiff's claim and qualified immunity bars liability. 28 28 The Court defendants' motion for partial summary judgment (doc. 35). Plaintiff's request for oral argument is denied as unnecessary ORDERED. Dated this 3 day of April 2017 /s/_________ Ann Aiken 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 23/24 United States District Judge 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, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 24/24", "7804_105.pdf": "From Casetext: Smarter Legal Research Pavel v. Univ. of Or Mar 13, 2018 Case No. 6:16-cv-00819 (D. Or. Mar. 13, 2018) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free Case No. 6:16-cv-00819 03-13-2018 PAVEL, Plaintiff, v DAUGHERTY; and KAMPHAUS, Defendants. AIKEN, Judge : Sign In Search all cases and statutes... Opinion Case details 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 1/22 Plaintiff CHIXapkaid Pavel asserts various claims related to the termination of his employment against defendants University of Oregon, Doug Blandy (the University's Senior Vice Provost for Academic Affairs), Penelope Daugherty (the University's Director of Affirmative Action & Equal Opportunity), and Randy Kamphaus (the University's Dean of the 2 College of Education). Plaintiff alleges defendants violated his rights under federal discrimination statutes, the Due Process Clause, and the First Amendment previously entered summary judgment in defendants' favor on plaintiff's Due Process Clause claims, and defendants now move for summary judgment on plaintiff's remaining claims. 2 1 1 Plaintiff initially named several additional University employees as defendants, but he stipulated to their dismissal in June 2017. Oral argument on this motion was held on November 29, 2017, at 10:00 a.m. For the reasons set forth below defendants' second motion for summary judgment (doc. 79 Plaintiff was a tenured professor at the University of Oregon's College of Education from September 16, 2010, until the University of Oregon (\"the University\") terminated his employment contract on January 21, 2015, in response to a student's sexual harassment complaint. At all relevant times, plaintiff was a member of the United Academics of the University of Oregon, American Association of University Professors - American Federation of Teachers, AFL-CIO, (\"the Union\") and the terms of his employment were governed by the collective bargaining agreement (\"the CBA\") between the University and the Union. At the time of his termination, plaintiff was the senior Native American faculty member and the only Native American full professor at the University. He was also the first tenured professor at the University to be fired for sexual harassment. On November 15, 2014, Janne Underriner, the University's Director of the Northwest Indian Language Institute, received a complaint about plaintiff's conduct at a University event the previous night. The initial complaint came via a phone call from the father of a first-semester freshman student. Two days later, in a private interview with the University of Oregon's Office of 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 2/22 Affirmative Action and Equal Opportunity (\"OAAEO\"), the student explained that she knew 3 plaintiff because he was a close family friend involved in her tribal community. She had been in touch with him several times before she began courses at the University. At the November 14 event, the student approached plaintiff to say hello and took a photo with him. She alleged that plaintiff asked her to go into the hallway and talk, because he found it difficult to hear in the crowded main event space. The hallway was lined with mirrors. The student stated that plaintiff, who seemed to be intoxicated, got close to her face and told her to turn and look at herself in one of the mirrors. The student alleged that plaintiff put his right arm around her and turned to her face the mirror; while they looked in the mirror together, he told her she was \"beautiful\" and that all the boys were \"drooling\" over her. Dugan Decl. Ex at 9. The student reported that plaintiff then kissed one of her hands, pulled her close to him, kissed her cheek and forehead in a non-platonic manner, rubbed her back, and moved his hand down past her waist to rest on her butt. When she attempted to leave the interaction, plaintiff allegedly followed her into an elevator, stood behind her, and touched her dress and underwear when the other elevator passengers were facing the exit doors and could not see what he was doing. The student did not want plaintiff to touch her in the way that he did and felt extremely uncomfortable throughout the interaction. 3 The University placed plaintiff on administrative leave while it investigated the student's claim. The formal investigation launched on November 20, 2014. On November 21, 2014, plaintiff learned the university had placed him on leave. In an interview with OAAEO, plaintiff denied the substance of the student's allegations and reported that he was \"surprised, shocked and discouraged\" by the allegations. Id. at 17. The were no eyewitnesses to most of the interaction, but interviewed another student who corroborated some parts of the complainant's story also interviewed faculty, including Underriner, who reported that the interaction negatively affected the student academically, 4 including by causing her to change her area of study so she would not have to take classes taught by plaintiff. 4 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 3/22 OAEEO's investigatory file also documents a complaint, filed three years earlier by a Ph.D. student, that plaintiff had subjected that student to \"inappropriate and unwelcome sexual attention.\" Id. at 18, This included inappropriate touching, including \"tight hugs,\" touching the student's knee repeatedly during conversation, and even poking her in the belly button \"as a joke.\" Id. at 53. The student reported that, on a work-related trip, the situation escalated when plaintiff stopped in front of a display window and turned the student toward the window. After telling the student to close her eyes, plaintiff allegedly put his hand on his shoulder and then moved it along her arm to her waist. He then turned the student toward him, making her think he was about to kiss her. The student expressly told plaintiff that she was interested only in a professional relationship; he responded by telling her that many students tell him they want to work as part of his research team when, in fact, those students are simply attempting to get close to him because they are sexually attracted to him. After that conversation, plaintiff told the student he no longer knew how to act around her, suggested they might have to correspond only electronically, and once again touched the student's knee during a conversation, at which point the student told plaintiff she no longer wished to work with him. That earlier complaint resulted in counseling but not in any sort of formal discipline. On December 18, 2014, Anne Bonner and defendant Penny Daugherty from sat down with plaintiff and union representative Debra Merskin to discuss the investigation. At the meeting, Daugherty and Bonner relayed their suspicion that plaintiff had engaged in a pattern of sexual harassment, and interviewed him to collect additional information regarding the accusations. Merskin characterized the tone of the meeting as passive- aggressive, disrespectful, 5 hostile, and accusatory. She further stated that, in her experience always approaches investigations in that aggressive manner\u2014as though the investigated faculty member's guilt were a foregone conclusion. After the meeting, Daugherty told plaintiff that he was free to provide any additional evidence or documentation by January 6, 2015. Plaintiff believed he did not have time to adequately respond, so he never submitted any additional evidence. 5 At the conclusion of the University's investigation, plaintiff and Merskin met with various staff members on January 16, 2015, to discuss the 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 4/22 University's findings. Participating staff members included defendants Doug Blandy and Randy Kamphaus. The University found by a preponderance of the evidence that plaintiff violated its sexual harassment policy and interfered with students' rights to equal access to education. Specifically, the University found that the plaintiff \"engaged in unwelcome verbal and physical conduct of a sexual nature\" that included touching a student's back, buttocks, and underwear. Blandy Decl. Ex. 3 at 1. The University also found that plaintiff made \"[i]nappropriate comments of a sexual nature\" and remarked \"on the student's appearance after having her stand in front of a mirror.\" Id. These findings were presented to plaintiff in writing. Plaintiff had the opportunity to respond but made no comments during the meeting. At the January 16 meeting, the University also notified plaintiff it intended to terminate their employment relationship on January 21, 2015. The University gave plaintiff until January 20, 2015, to submit any written response or relevant evidence to change the termination decision. Plaintiff never replied with any additional testimony or evidence. Instead, plaintiff responded with a request for more information. The University did not comply with plaintiff's request. 6 January 16 meeting was the first time plaintiff learned that the university contemplated terminating him. 6 2 2 Defendants challenge this assertion on the basis that plaintiff does not support the statement in his declaration with personal knowledge, rendering his lay witness testimony inadmissible under Federal Rules of Evidence 602 and 701. See Orr v. Bank of Am & SA, 285 F,3d 764, 773 (9th Cir. 2002 trial court can only consider admissible evidence in ruling on a motion for summary judgment.\"). Similarly, Federal Rule of Civil Procedure 56(c)(4) requires that affidavits be based on personal knowledge to carry weight on a motion for summary judgment. The testimony at issue speaks directly to plaintiff's awareness of the University's intent to fire him. See Fed. R. Evid. 701 (permitting lay witnesses to testify if the testimony is \"rationally based on the witness's perception\"). His statement therefore may be considered as part of the summary judgment record. On May 5, 2015, plaintiff grieved his termination under the CBA. On February 22, 2016, the University offered plaintiff the opportunity to engage in arbitration under the CBA. Had the arbitration proceeded, plaintiff would have been able to \"call witnesses, offer exhibits, and make arguments\" that 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 5/22 the University did not fire him for just cause. Brady Decl. \u00b6 4 (doc. 39). Plaintiff's union withdrew from the arbitration and as such, plaintiff never received a post-termination hearing.3 3 The Union's decision not to proceed to arbitration was a critical consideration to my decision to grant the University summary judgment on plaintiff's due process claims. Although found that Merskin's declaration raised a triable issue of fact as to actual bias in the pre-termination decisionmaking process concluded that the individual defendants were entitled to qualified immunity because \"case law does not clearly establish that a pre-termination process requires unbiased arbiters when plaintiff has access to a robust pre-termination arbitration under his collective bargaining agreement.\" Pavel v. Univ. of Or., 2017 1827706, 11 (D, Or. May 3, 2017 Summary judgment is appropriate if \"there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.\" Fed. R. Civ. P. 56(a). The moving party has the burden of establishing the absence of a genuine issue of material fact. Id.; Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party shows the absence of a genuine 7 issue of material fact, the nonmoving party must go beyond the pleadings and identify facts which show a genuine issue for trial. Celotex, 477 U.S. at 324. \"Summary judgment is inappropriate if reasonable jurors, drawing all inferences in favor of the nonmoving party, could return a verdict in the nonmoving party's favor.\" Diaz v. Eagle Produce Ltd. P'ship, 521 F.3d 1201, 1207 (9th Cir. 2008). 7 This case comes at a unique moment. For years, allegations of sexual assault and harassment have been swept under the rug when they instead should have been taken seriously, investigated, and decisively acted upon. As a glance at any news source shows, that is changing. The current national discussion revolves daily around allegations of sexual assault and harassment, and what institutions, communities, and governments should do, or should have done, to respond and protect the vulnerable. 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 6/22 At the same time, issues of race are coming to the fore in a similar long- overdue manner. The impacts of our shameful racial history, pervasive implicit bias, and institutionalized racism are now part of any meaningful discussion on social or institutional responsibility in America today. Norms on both fronts are in flux in dramatic ways, not just within progressive segments of society, but across the nation as whole. The pressure facing institutions, particularly universities, to deal swiftly, seriously, and correctly with allegations of sexual assault is rightfully high, because the stakes for both victim and accused are also incredibly high. In such an environment, as the pendulum swings away from a position it has occupied for so long, shifting presumptions and burdens of proof, it is liable to take out many in its path. It is of no small concern that those most likely to experience 8 the detrimental impacts from any unfair application of these new priorities will be people of color. 8 Historically and currently, people of color shoulder disproportionate shares of punishment. See, e.g., Demographic Differences in Sentencing: An Update to the 2012 Booker Report (U.S. Sentencing Commission Nov. 2017) (reporting that, in the federal system, black male offenders receive sentences on average 19.1 percent longer than similarly situated white male offenders). People of color are also disproportionately the victims of sexual harassment. See, e.g., Tanya Kater\u00ed Hern\u00e1ndez, Sexual Harassment and Racial Disparity: The Mutual Construction of Gender and Race, 4 Gender Race & Just. 183, 184-85 (2001) (surveying sexual harassment complaint data debate rages over whether the shifts in how we deal with campus sexual assault and harassment will disproportionately harm men of color, Compare, e.g., Antuan M. Johnson, Title Narratives, Intersectionality, and Male-Based Conceptions of Racism, 9 Geo. J. Law & Mod. Crit. Race Persp. 57, 59 (2017) (\"There is a history of race being used as a political tool to shut down conversations about sexual assault, even when it directly affects black women.\") with, e.g., Janet Halley, Trading the Megaphone for the Gavel in Title Enforcement, 128 Harv. L. Rev. F. 103, 109 (2015) (\"To the extent that the campus-sexual-assault movement expresses the priorities and visions of white middle-class women, it may not be providing us with everything we need to know to make fair decisions in cases involving class, race, and other key differences.\") 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 7/22 It is well established that implicit bias affects almost every decision that people make. See, e.g., Justin D. Levinson et al., Judging Implicit Bias National Empirical Study of Judicial Stereotypes, 69 Fla. L. Rev. 63, 79-82 (Jan. 2017 would be remiss if failed to acknowledge that such bias has wide- ranging impacts on institutional processes as a whole. As important 9 decisions are made, both on the grand scale and within the microcosm of individual situations, we must be mindful of the ever-present risk of perpetuating longstanding racial injustice. It is critical to change the way we respond to sexual harassment and assault, but members of minority communities must not be sacrificed as part of a knee-jerk reaction to political pressure to deal harshly with allegations of a sexual nature. 9 Here am presented with an individual case in which a Native American professor was fired after a student accused him of sexual harassment cannot adjudicate plaintiff's claims as a way of advancing my own views of how best to resolve the broad policy concerns outlined above am constrained to make a ruling based on the evidence presented in this case. Here, the evidence falls short of the necessary threshold to proceed to trial. I. Employment Discrimination Claims: Race Discrimination Plaintiff alleges that defendants fired him at least in part because he is Native American. He uses two vehicles to assert his race discrimination claims: (1) a claim, asserted via 42 U.S.C. \u00a7 1983, that individual defendants violated 42 U.S.C. \u00a7 1981, which prohibits racial discrimination in the formulation (or termination) of contracts, and (2) a claim that the University violated Title of the Civil Rights Act, which prohibits racial discrimination in making employment decisions. Here, those two claims can be analyzed together. To establish race discrimination under Title VII, a plaintiff must offer evidence that gives rise to \"an inference of discrimination in whatever manner is appropriate in the particular circumstances.\" Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151, 1156 (9th Cir. 2010). The legal principles that guide \"a court in a Title dispute apply with equal force in a \u00a7 1981 action,\" Reynaga v. Roseberg Forest Prod., 847 F.3d 678, 696 (9th Cir. 2017). 10 10 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 8/22 Id. at 690-91 (citing Hawn, 615 F.3d at 1156 and Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir. 1998)). At the summary judgment stage, the nonmoving party's burden is very low; a plaintiff may simply produce direct or circumstantial evidence demonstrating that a discriminatory reason 'more likely than not motivated' the employer.\" Id. at 691. Plaintiff asserts that the hostile treatment that he received from the University, and the University's more favorable treatment of other similarly situated professors, is evidence of discriminatory motive behind his firing. Defendants move for summary judgment on these claims, arguing that plaintiff cannot establish a prima facie case of race discrimination, and even if he could, he does not rebut the University's legitimate, non- discriminatory reason for terminating his employment. \"To show a prima facie case of disparate treatment, a plaintiff must offer evidence that 'give[s] rise to an inference of unlawful discrimination.'\" Reynaga, 847 F.3d at 690 (quoting Sischo Nownejad v. Merced Cmty. Coll. Dist., 934 F.2d 1104, 1110 (9th Cir. 1991)). One way to establish an inference of discrimination is by satisfying the prima facie elements from McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 . . . (1973): (1) the plaintiff belongs to a protected class, (2) he was performing according to his employer's legitimate expectations, (3) he suffered an adverse employment action, and (4) similarly situated employees were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination. The parties do not dispute that plaintiff belongs to a protected class as a racial minority, that he was performing according to his employer's legitimate expectations prior to the events that precipitated this action, and that plaintiff suffered an adverse employment action when he was terminated from his job at the University. Plaintiff's primary argument is that similarly situated white employees were treated more favorably than he was. To that end, plaintiff has presented evidence about other tenured professors who have had formal and informal sexual 11 harassment complaints filed against them. The evidence presented shows that such 11 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 9/22 complaints were filed against nineteen professors, plus plaintiff. All but one of the complaints were filed against men. Four cases were closed as unfounded. Ten of the professors do not meet the \"similarly situated\" test because the complained-of conduct was substantially less serious than the conduct at issue in plaintiff's case: those professors each received only one complaint, which included no allegations of physical contact. The five remaining professors are a closer match for plaintiff's situation because they, like plaintiff, (1) had multiple complaints in their files, (2) were accused of inappropriate physical contact, or (3) both. Of these five professors, three were nonwhite (Black, Asian, and South-East Asian/Pacific Islander), and two were white. 4 5 4 Defendants also move for summary judgment on plaintiff's gender discrimination claim, which he asserts again the University under Title of the Civil Rights Act. There is no evidence in the record of any similarly situated woman being treated more favorably than plaintiff, nor is there evidence that any decisionmaker took gender into account when considering whether to terminate plaintiff. Plaintiff also submits no argument on this point. Plaintiff's gender discrimination claim fails because there is no evidence, circumstantial or otherwise, to give rise to an inference of gender discrimination. 5 When plaintiff is included in the group, four of the six arguably similarly situated professors were nonwhite. The fact that two thirds of a certain type of complaint are filed against professors who are racial minorities could be evidence that students and co-workers report sexual harassment by nonwhite professors at rates disproportionate to their representation in the faculty\u2014which could, in turn, affect how a governmental actor should respond to such complaints. However, a sample size of six is simply too small to support any conclusions about complaint trends must instead look at the circumstances of each complaint filed in order to determine whether any similarly situated professor was treated more favorably than plaintiff. Before proceeding to discuss the specific circumstances of the complaints against the five most similarly situated professors address two of defendants' arguments about comparator evidence. First, defendants make much of the difference between formal and informal complaints formal complaint triggers a formal investigation and can result in formal discipline, 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 10/22 whereas an informal complaint is resolved using \"an informal process [that] would 12 not result in a finding\" of misconduct and thus cannot end in termination, Walkup Decl. Ex. 1 at 5-6, Sept, 19, 2017. Classification of the complaint as formal or informal rests with the complainant and is unrelated to the severity of the alleged conduct. As a result do not find the distinction between formal and informal complaints to carry much evidentiary weight, if any. It is the content of the complaint that matters most professor informally accused of inappropriately touching a student, for example, would be more similarly situated to plaintiff than a professor formally accused of yelling at a student in class. 12 Second, the University notes that plaintiff was the first professor against whom a formal complaint was lodged following the renegotiation of the faculty's union contract in 2013. They assert that due to those changes should not consider evidence involving any complaint filed against a tenured faculty member before 2013 agree that changes to disciplinary procedures under the contract might be relevant to assessing evidence of discriminatory intent. But reject defendants' attempts to draw a line in the sand, cutting off any pre-2013 comparator evidence now proceed to address the particular circumstances of each of the five possible comparator professors. One nonwhite professor (\"Professor #1\") was accused in an informal and a formal complaint of making inappropriate sexual comments in class, and after an investigation found those accusations were true, he was given an official letter of reprimand. Another nonwhite professor (\"Professor #2\") was also accused in an informal and a formal complaint of inappropriate behavior such as comments of a sexual nature, discriminating against women in his workplace and classroom, and asking a former graduate student what she would say if he expressed romantic interest in her. When the former student rebuffed Professor #2, he made no further advances. Nonetheless, Professor #2 was given an official letter of reprimand, 13 suspended without pay for one semester, ordered to do additional training, and warned that he could be terminated upon the next occurrence. An anonymous report also alleged a possible physical relationship between Professor #2 and a married graduate student, however this report was neither corroborated by the student in question nor substantiated by other evidence. 6 13 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 11/22 6 have assigned the professors pseudonymous numbers. The third nonwhite professor (\"Professor #3\") was accused once in a formal complaint of making unwanted verbal and physical advances towards a student. The unwanted physical contact consisted of kissing the student on the neck and touching her arms. According to documents in the summary judgment record, because this was the first time this professor had been accused of sexual harassment and because there were unique circumstances, including a possible prior relationship with the complainant, Professor #3 was given a letter of reprimand, suspended without pay for a semester, ordered to do additional training, and warned that he could be terminated upon the next occurrence fourth professor (\"Professor #4\"), a white man, was accused in an informal complaint of touching a student's hands, telling her she was beautiful, putting his hands on her hips, and asking to see her again. The student told him she was not interested in anything more than a student-teacher relationship, and he apologized for his advances and did nothing further. His discipline involved an informal resolution with the student in question and a warning. Three years later, there was a different anonymous informal report of unknown content that also resulted in an informal resolution. The most analogous situation involves the fifth professor (\"Professor #5\"), a white man, Professor #5 was accused in a formal complaint (which actually consisted of several complaints in one) of verbally sexually harassing several students, retaliating against students for rejecting his advances, and making unwanted contact of a sexual nature with a student when he picked up 14 an item out of her lap and brushed his hand past her breast. After an investigation, he was notified that he would be terminated, but before his termination date, he resigned to avoid being fired. The University accepted his resignation on the condition that he abide by the University's non- retaliation policy, never serve in any capacity at any future campus functions, projects, or events, and never attend certain non-public events at the University. The University's communications with Professor #5 made it clear that if he had not resigned, he would have been terminated, and despite his voluntary spontaneous retirement, he was severely restricted 14 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 12/22 from participation in the University in the future. He did not simply retire in good standing, but had ongoing restrictions applied to him. Plaintiff was accused of sexual harassment in two informal complaints, the most recent one initiated by a mandatory reporter upon receiving notice of the incident at issue. The student involved in the incident that was the subject of the second informal complaint then decided to file a formal complaint, The student was a first-semester freshman who accused plaintiff of touching her, including on her buttocks and underwear; kissing her on her hand, cheek, and forehead; and making inappropriate comments of a sexual nature, according to investigatory records and a police report that she filed to that effect. After an investigation, the University concluded the student's allegations were true. The level of physical touching founded against plaintiff after an investigation makes this incident with plaintiff objectively different from the verbal misconduct founded against Professors #1 and #2. The complaints against Professors #3 and #4 were first-time complaints, unlike the instant complaint against plaintiff. The University's treatment of Professor #5 was substantially similar to its treatment of plaintiff despite the fact that the accusations against the Professor #5, the white man who 15 resigned, were as severe as (or perhaps even more severe than) those against plaintiff. Professor #5 was told that he was going to be terminated, just as plaintiff was. Plaintiff had four days, including weekends, in which to decide what to do between the time he was notified of his impending termination and when the termination actually occurred. Similarly, Professor #5 had somewhere between one and thirteen days, including weekends, between when he was notified that he would be terminated and when he submitted his resignation. When the University accepted Professor #5's resignation, they did so only on the condition that he refrain from participating in future University functions, not serve as a teacher or mentor to University students, and abide by a number of other rules and restrictions. There is no indication that the University expressly offered retirement to Professor #5 to help him avoid discipline. Indeed, plaintiff also received forewarning of his impending termination, and could have resigned during that time had he chosen to do so. 15 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 13/22 Critically, unlike Professor #5, plaintiff had already been counseled in the past for substantially similar alleged acts. The circumstances of the report that precipitated plaintiff's termination were analogous to those of the 2011 complaint filed against plaintiff by a different female student. The investigation of the instant case took into consideration the fact that plaintiff's previous discipline had included extensive counseling, warnings, and education about appropriate professor-student relationships, boundaries, and physical contact. The investigation report indicated that informal methods of counseling and disciplining plaintiff had already been tried and had been unsuccessful at preventing this new incident. In sum, the evidence shows that plaintiff was similarly situated to only one of the other professors, Professor #5, and that both plaintiff and Professor #5 were subjected to similar discipline despite their different races. Therefore, evidence does not exist in the record from 16 which a reasonable jury could conclude that other similarly situated tenured professors in an unprotected class were treated more favorably by the University than was plaintiff. 16 Additionally, there is no evidence, circumstantial or otherwise, in the record that any of those involved with the decision to terminate plaintiff's employment were influenced by racial bias. While plaintiff presents significant evidence that he was not well-liked by some faculty, including defendant Doug Blandy who was responsible for deciding whether to terminate plaintiff's employment, none of that evidence supports an inference of racial discrimination. Similarly, although there is evidence was aggressive and disrespectful during the meetings with plaintiff, there is no indication that aggression was a response to plaintiff's race; indeed, Merskin stated that treats all accused faculty members in the same fashion. In fact, plaintiff's case for racial discrimination appears to arise almost entirely from the premise that because plaintiff is an openly American Indian male, the decision to terminate him was necessarily made in part for that reason, and that the circumstance of his being an openly American Indian male who was not well-liked by some colleagues is sufficient evidence thereof. 7 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 14/22 7 Plaintiff concedes that he has \"no information or evidence showing that Dr. Blandy's decision to terminate [him] was driven by [his] race\" or gender. Pavel Dep. Vol. 3, 72:1-10. (doc. 80 at 25). \"[V]ery little evidence\" is required to survive a motion for summary judgment on a race discrimination claim. Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406, 1410 (9th Cir. 1996). However, very little evidence is still some evidence. Here, there is simply no evidence in the record from which a reasonable jury could infer race discrimination. II. First Amendment Retaliation Claim Plaintiff next contends that he was terminated in retaliation for speaking out against the firing of Dr. Ball, a fellow Native American professor at the University, in violation of plaintiff's 17 First Amendment right to engage in free speech. Specifically, plaintiff alleges that Jason Younker, the University's Assistant Vice President and Advisor to the President, was hostile towards plaintiff because of plaintiff's speech, and that Younker was later interviewed as part of the University's investigation of the allegations against plaintiff, thereby participating in a retaliatory action against plaintiff. Defendants move for summary judgment on the basis that plaintiff has not put forth any evidence that his statements were a substantial or motivating factor in his firing, contending that the evidence shows the University fired plaintiff for violating its sexual harassment policy. 17 The Ninth Circuit has established a five-step test for First Amendment employment retaliation claims. Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009). Courts analyzing such claims must ask: (1) whether the plaintiff spoke on a matter of public concern; (2) whether the plaintiff spoke as a private citizen or public employee; (3) whether the plaintiff's protected speech was a substantial or motivating factor in the adverse employment action; (4) whether the state had an adequate justification for treating the employee differently from other members of the general public; and (5) whether the state would have taken the adverse employment action even absent the protected speech. 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 15/22 Id. Here, there are two groups of potentially protected speech at issue: statements plaintiff made in 2012 and statements plaintiff made in 2014. i. 2012 Statements In 2012, plaintiff spoke out against the firing of Dr. Ball, a Native American professor at the University. According to plaintiff, he spoke on this issue of public concern as a member of the community rather than in his capacity as a state employee. It is not necessary to decide whether plaintiff's statements met the public concern and private citizen tests, because there is insufficient evidence of causation. After plaintiff spoke out in meetings and other venues for 18 several months, two years went by until the events that precipitated this case, during which time plaintiff does not claim adverse employment actions were taken against him recognize that, as a practical matter, institutional memory can be long, and individuals may not forget exercises of free speech rights that they disagreed with, going back two, four, or ten years. However, as a matter of law, a temporal proximity of two years between the protected activity and the adverse employment action, by itself, is not enough to demonstrate a discriminatory purpose. Clark Cty. Sch. Dist. v. Breeden, 532 U.S. 268, 273-74 (2001); Keyser v. Sacramento City Unified Sch. Dist., 265 F.3d 741, 752 (9th Cir. 2001). Here, other evidence indicating a causal link between the 2012 speech and the 2015 firing is not present in the record. 18 ii. 2014 Statements Younker was hired in 2014. At that time, plaintiff again expressed his belief that Dr. Ball should not have been fired and that his firing should now be handled in a particular way by the University, including with an apology and a ceremony. Younker did not follow plaintiff's recommendation, but explained that he was handling the situation in a different manner and, according to plaintiff, expressed understanding that plaintiff might be uncomfortable because he had worked with Dr. Ball. Plaintiff argues that there is a link between the 2012 statements and the 2014 statements because Younker was hired to fill a position created in part to replace Dr. Ball's previous job. Plaintiff also points to circumstantial evidence that Younker was not cordial with plaintiff, changed his mind 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 16/22 about supporting plaintiff's proposal for a scholarship program, and stated that the sexual harassment allegations against plaintiff were widely known. Whether the plaintiff's protected speech was a substantial or motivating factor in defendants' decision to fire him is a question of fact. Eng, 552 F.3d at 1071. Plaintiff here has 19 not alleged facts sufficient for a reasonable jury to find that his speech was a motivating factor in defendants' decision to fire him. Although plaintiff alleges some facts which, if true, tend to demonstrate that Younker did not like plaintiff, there are several gaps in the facts and circumstances that prevent them from being sufficient for plaintiff's purpose here. 19 First, \"[courts] have recognized previously that, in some cases, causation can be inferred from timing alone where an adverse employment action follows on the heels of protected activity.\" Villiarimo v. Aloha Island Air, Inc., 281 F.3d 1054, 1065 (9th Cir. 2002). However, here, three months passed between plaintiff's most recent arguably protected speech and the initiation of the investigation of the sexual harassment complaint against plaintiff. Plaintiff does not claim any adverse employment actions against him during these three months; rather, the adverse employment action at issue occurred after a student reported an incident of sexual harassment, and filed a police report and then a complaint with the University, spurring an investigation. When an employer puts forth a legitimate reason for the adverse employment action, a temporal proximity of three months is by itself insufficient circumstantial evidence to defeat a motion for summary judgment. See Erickson v. Pierce Cty., 960 F.2d 801, 803 (9th Cir. 1992) (court granted summary judgment for employer where there was temporal proximity of three months between employer learning of employee's protected actions and that employee's firing). Secondly, even if Younker did not like plaintiff's statements about Dr. Ball, that fact is of only ancillary relevance. Younker did not conduct the investigation, give input to the decisionmakers during the formal investigation, or make the decision to fire plaintiff. Younker's role consisted of accompanying the complainant to her initial interview before the investigation began, upon her request. Further, when asked by a University investigator if he had any 20 more information about the incident, 20 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 17/22 the report, or other concerns, or anyone else who might have such information, Younker conveyed in a one-sentence email that the complainant's father had told him that plaintiff assaulted someone in Washington. When viewed in the light most favorable to plaintiff, this is evidence that at most Younker responded to requests as they arose in a way that was unhelpful to and unsupportive of plaintiff, It is not, however, sufficient evidence upon which a reasonable jury could find that Younker retaliated against plaintiff for speaking out against Dr. Ball's termination. Even if plaintiff spoke on a matter of public concern as a private citizen when he opposed the decision to fire Dr. Ball, there is simply insufficient evidence in the record to support the inference that plaintiff's protected speech was a substantial or motivating factor in his termination, Plaintiff further does not refute defendants' claim that the University would have terminated his employment for violating the sexual harassment policy, even absent the protected speech. His claim therefore cannot survive defendants' motion for summary judgment. III. Employment Discrimination Claims: Pretext If a plaintiff establishes a prima facie case of discrimination or retaliation, the burden then shifts to the defendant employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. Chuang v. Univ. of Cal. Davis, Bd. of Trs., 225 F.3d 1115, 1123-24 (9th Cir. 2000), Hawn, 615 F.3d at 1155. For the reasons explained above, a pretext analysis is not necessary because plaintiff has failed to make out a prima facie case of either discrimination or retaliation. Even if plaintiff had met his prima facie burden, however, summary judgment would be warranted because there is insufficient evidence of pretext. 21 21 Defendants assert that they terminated plaintiff because he violated the sexual harassment policy by subjecting a female student to nonconsensual contact and comments of a sexual nature, as established after an investigation. Defendants' burden of proof here is low. 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 18/22 Texas Dep't of Cmiy. Affairs v. Burdine, 450 U.S. 248, 254-55 (internal citations omitted). If defendant meets this burden, plaintiffs must then raise a triable issue of material fact as to whether the defendant's proffered reasons for their terminations are mere pretext for unlawful discrimination, Hawn, 615 F.3d at 1155. 22 Reynaga, 847 F.3d at 694 (internal citations omitted). \"To establish pretext, 'very little' direct evidence of discriminatory motive is sufficient, The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff's rejection. The explanation provided must be legally sufficient to justify a judgment for the defendant. If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted . . . . \"[A] plaintiff's burden is much less at the prima facie stage than at the pretext stage.\" Hawn, 615 F.3d at 1158. In order to get past summary judgment, even after proving a prima facie case of discrimination and employment retaliation, plaintiff must present specific, substantial evidence of pretext that will survive rigorous examination. Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983). Evidence of pretext could take many forms, McDonnell Douglas, 411 U.S. at 804-05. For example, the manner in which the plaintiff was treated by his employer during his employment may be relevant to a showing of pretext. Additionally, the fact that persons outside the plaintiff's protected class were treated better for offenses of comparable seriousness could also help demonstrate pretext. . . . [W]hether summary judgment is appropriate depends on a number of factors, including the strength of the plaintiff's prima facie case and the probative value of the proof that the employer's explanation is false. 22 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 19/22 but if circumstantial evidence is offered, such evidence has to be 'specific' and 'substantial.'\" Winarto v. Toshiba Am. Elecs. Components, Inc., 274 F.3d 1276, 1284 (9th Cir. 2001) (citing Godwin v. Hunt Wesson Inc., 150 F.3d 1217, 1220 (9th Cir. 1998)). Here, such evidence has not been presented. Plaintiff argues that the fact that the University did not fire other tenured professors who had sexual harassment complaints filed against them demonstrates that the University deviated from normal practice by treating plaintiff differently than other similarly situated professors. However, as discussed above, the evidence does not show that the University treated any professors outside of the plaintiff's protected class better in response to comparably serious allegations. There is further no evidence to link the manner in which plaintiff was treated by the University to racial or gender bias. Plaintiff's statements that he is an openly American Indian man are helpful to establish the first element of the prima facie case, that plaintiff is a known or perceived member of a protected class; but \"other circumstances\" must be shown to demonstrate the final element, an inference of discrimination. McDonnell Douglas, 411 U.S. at 802 (1973). At the pretext stage of summary judgment, those other circumstances must be specific and substantial in order to rebut the University's legitimate reason for firing plaintiff. Winarto, 274 F.3d at 1284. Here, neither direct evidence nor specific and substantial circumstantial evidence of pretext has been submitted. In sum, plaintiff has not carried his burden to make out a prima facie case for discrimination or retaliation. Moreover, even if plaintiff had made out a prima facie case, his 23 evidence falls short of the stringent burden to create a question of material fact regarding whether defendants' reason for firing him was false. 23 8 8 Plaintiff concedes that the \"[U]niversity's determination that [he] had sexually harassed a freshman female undergraduate student play[ed a] role in its decision\" to fire him. Pavel Dep. Vol. 3, 72:6-10 (doc. 80 at 21). -------- IV. Attorney's Fees 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 20/22 Defendants move for an award of reasonable attorney's fees pursuant to 42 U.S.C. \u00a7 2000e-5(k) and 42 U.S.C. \u00a7 1988. Award of attorney's fees is at the Court's discretion. See 42 U.S.C. \u00a7 1988 (\"In any action or proceeding to enforce a provision of sections 1981 . . . [or] 1983 . . . the court, in its discretion, may allow the prevailing party . . . a reasonable attorney's fee . . . .\"); id. \u00a7 2000e-5 (same). \"[C]ourts are permitted to award attorney's fees to prevailing plaintiffs as a matter of course, but are permitted to award attorney's fees to prevailing defendants under 42 U.S.C. \u00a7\u00a7 1988 and 2000e-5(k) . . . only in exceptional circumstances.\" Harris v. Maricopa Cty. Super. Ct., 631 F.3d 963, 971 (9th Cir. 2011) (citation and internal quotation marks omitted). \"In a civil rights case, fees may be awarded against an unsuccessful plaintiff only if his action is 'meritless in the sense that it is groundless or without foundation.'\" Mitchell v. L.A. Crnty. Coll. Dist., 861 F.2d 198, 202 (9th Cir. 1988) (citing Hughes v. Rowe, 449 U.S. 5, 14, (1980)) and Dooley v. Reiss, 736 F.2d 1392, 1396 (9th Cir, 1984)). Here, the claims that plaintiff brought were not \"groundless or without foundation\" merely because they were not successful. See Mitchell v. Office of L.A. Cty., 805 F.2d 844, 847 (9th Cir. 1986). Plaintiff extensively briefed facts, circumstances, and law supporting his claims, provided evidence, and indicated that he anticipated discovering further evidence. For these reasons, defendants' motion for attorney's fees is denied. 24 24 Defendants' second motion for summary judgment (doc. 79) is as to all of plaintiff's claims. Defendants' motion for attorney's fees is ORDERED. Dated this 13 day of March, 2018. th /s/_________ Ann Aiken United States District Judge 2/22/25, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 21/22 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, 6:56 Pavel v. Univ. of Or., Case No. 6:16-cv-00819 \| Casetext Search + Citator 22/22", "7804_106.pdf": "9TH v (2019) United States Court of Appeals, Ninth Circuit. Chixapkaid Donald Michael PAVEL, Plaintiff-Appellant, v OREGON; Doug Blandy; Penelope Daugherty; Randy Kamphaus, Defendants-Appellees. No. 18-35287 Decided: May 29, 2019 Before: N.R. SMITH, WATFORD, and R. NELSON, Circuit Judges. Marianne G. Dugan, Attorney, Eugene, OR, for Plaintiff - Appellant Amanda Marie Walkup, Attorney, Alexandra Hilsher, Lillian Marshall-Bass, Esquire, Hershner Hunter LLP, Eugene, OR, for Defendants - Appellees * Chixapkaid Pavel appeals from the district court\u2019s grant of summary judgment to the individual named defendants on his 42 U.S.C. \u00a7 1983 claims based on qualified immunity, and the district court\u2019s grant of summary judgment to the University of Oregon and all individual defendants on his Title claims and his First Amendment retaliation claim. The facts are well-known to the parties; we need not repeat them here. We review the district court\u2019s grant of summary judgment de novo. Nat\u2019l Parks & Conservation Ass\u2019n v. Babbitt, 241 F.3d 722, 730 (9th Cir. 2001). We affirm. First, the district court properly granted summary judgment to the individual defendants, finding Pavel\u2019s \u00a7 1983 claims barred by qualified immunity state official is entitled to qualified immunity unless a plaintiff pleads facts showing \u201c(1) that the official violated a statutory or constitutional right, and (2) that \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:56 v (2019) \| FindLaw 1/9 the right was \u2018clearly established\u2019 at the time of the challenged conduct.\u201d Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (citation omitted). Here, Pavel\u2019s procedural and substantive due process claims fail on the second prong. \u201c[T]he law regarding procedural due process claims can rarely be considered clearly established at least in the absence of closely corresponding factual and legal precedent.\u201d Brewster v. Bd. of Educ. of Lynwood Unified Sch. Dist., 149 F.3d 971, 983 (9th Cir. 1998) (internal quotation marks omitted). However, \u201c[t]he base requirement of the Due Process Clause is that a person deprived of property be given an opportunity to be heard at a meaningful time and in a meaningful manner.\u201d Id. at 984 (internal quotation marks omitted). \u201cThe 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.\u201d Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985 \u201cpublic employee dismissable only for cause [is] entitled to a very limited hearing prior to his termination, to be followed by a more comprehensive post-termination hearing.\u201d Gilbert v. Homar, 520 U.S. 924, 929, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997). Pavel has not presented any closely corresponding factual and legal precedent to the circumstances where a formal administrative and police complaint had been made by a student about a tenured professor who had access to a robust post-termination process. Those due process requirements which are clearly established were satisfied here: Pavel received oral communications about the charges made against him, as well as a written summary of the findings from the University\u2019s investigation, and was given opportunities to respond. These facts balanced with the robust post-termination process available to him, satisfy the clearly established requirements of due process. The additional and nuanced due process rights which Pavel desires are not clearly established in the law. Consequently, the individual defendants merit qualified immunity. Even if Pavel could demonstrate that the individual defendants\u2019 actions violated his substantive due process rights, defendants are still entitled to qualified immunity because Pavel failed to demonstrate the law on \u201cstigma\u201d and \u201cplus\u201d was clearly established \u201cstigma\u201d and \u201cplus\u201d claim is one in which \u201cthe state action not only caused the stigma of a damaged reputation, but also \u2024 deprived the plaintiff of a protected liberty or property interest Techs., Inc. v. Miller, 197 F.3d 367, 376 (9th Cir. 1999). Whether the same actor must publicize the stigmatizing information and deprive the plaintiff of his protected property interest has not been clearly established in the law. As no clearly established law was violated here, qualified immunity applies. Pavel argues his due process rights were eroded by the application of Armstrong v. Meyers, 964 F.2d 948, 950 (9th Cir. 1992). In Armstrong, this court held that the availability of an arbitration process under a collective bargaining agreement satisfies due process even where the union eventually declines to pursue arbitration, \u201cprovided of course, those procedures satisfy due process.\u201d Id. at 950\u201351. Armstrong 2/22/25, 6:56 v (2019) \| FindLaw 2/9 controls here. As the district court correctly noted, Pavel\u2019s grievance with the lack of post-termination process lies with his union and cannot be brought against defendants. Second, on a motion for summary judgment, we evaluate Pavel\u2019s Title racial and gender discrimination claims using the three-part burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under this framework, a plaintiff may establish a prima facie case of discrimination by demonstrating that: (1) he is a member of a protected class; (2) he was qualified for his position and performing satisfactorily; (3) he experienced an adverse employment action, and (4) similarly situated individuals outside his protected class were treated more favorably, or other circumstances surrounding the adverse employment action give rise to an inference of discrimination. Hawn v Exec. Jet Mgmt. Inc., 615 F.3d 1151, 1156 (9th Cir. 2010). If a plaintiff establishes a prima facie showing of discrimination, \u201cthe burden of production, but not persuasion, then shifts to the [defendant] to articulate some legitimate, non-discriminatory reason for the challenged action.\u201d Id. at 1155 (internal quotation marks and punctuation omitted). \u201cIf defendant meets this burden, plaintiff[ ] must then raise a triable issue of material fact as to whether the defendant\u2019s proffered reasons for their termination[ ] are mere pretext for unlawful discrimination.\u201d Id. Pavel failed to establish a prima facie case of either racial or gender discrimination because he did not allege facts demonstrating he was treated differently from similarly situated employees or that other circumstances surrounding his termination could give rise to an inference of discrimination. Id. at 1156. However, even if he had established a prima facie case, the defendants articulated a legitimate, non- discriminatory reason for Pavel\u2019s termination: he was terminated for violating the University\u2019s sexual harassment policy. Pavel failed to offer any evidence that could raise a triable issue of material fact that the University\u2019s articulated reason for his termination was pretextual. Summary judgment on Pavel\u2019s discrimination claims was therefore appropriate. Finally, Pavel contends that the University terminated his employment in retaliation for First Amendment protected statements he made about the firing of a Native American professor two years prior to his termination. To establish a prima facie case of retaliation, a plaintiff must demonstrate (1) he spoke on a matter of public concern; (2) he spoke as a private citizen; and (3) the \u201cprotected speech was a substantial or motivating factor\u201d in his termination. Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009). If the plaintiff can make a prima facie showing of retaliation, the defendants are nonetheless entitled to summary judgment if they demonstrate they \u201cwould have reached the same adverse employment decision even in the absence of the employee\u2019s protected conduct.\u201d Id. at 1072 (internal citations and punctuation omitted). Pavel has not shown that his protected statements were \u201ca substantial or motivating factor\u201d in his termination. Id. at 1070. His only evidence of retaliation is speculation that one defendant (who was not a decisionmaker in the termination process) had animosity against Pavel because of statements Pavel 2/22/25, 6:56 v (2019) \| FindLaw 3/9 had made two years earlier. Ultimately, Pavel has failed to offer evidence demonstrating that any defendant responsible for the termination decision was motivated by his protected speech. However, even if we could infer causation from the evidence presented, defendants would be entitled to summary judgment because they demonstrated they would have terminated Pavel even in the absence of his protected statements. Thus, summary judgment was appropriate. AFFIRMED. 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 (2019) 2/22/25, 6:56 v (2019) \| FindLaw 4/9 Docket No: No. 18-35287 Decided: May 29, 2019 Court: United States Court of Appeals, Ninth Circuit. 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, 6:56 v (2019) \| FindLaw 5/9 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, 6:56 v (2019) \| FindLaw 6/9 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, 6:56 v (2019) \| FindLaw 7/9 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, 6:56 v (2019) \| FindLaw 8/9 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 6:56 v (2019) \| FindLaw 9/9"}
7,390	Lynn Glass	Iowa State University	[ "7390_101.pdf", "7390_102.pdf", "7390_103.pdf" ]	{"7390_101.pdf": "McELROY v (2005) Supreme Court of Iowa. Julie DeVall McELROY, Appellee, v of Iowa and Iowa State University of Science and Technology, Appellants. No. 03-1476. Decided: June 17, 2005 Thomas J. Miller, Attorney General, and George A. Carroll, Assistant Attorney General, for appellants. Paige Fiedler of Fiedler, Townsend & Newkirk, P.L.C., Johnston, and Roxanne Barton Conlin of Roxanne Conlin & Associates, P.C., Des Moines, for appellee. This court is hip deep in issues. Together the parties in this sexual harassment case have appealed the district court's rulings on nearly thirty grounds. Because the plaintiff failed to exhaust her administrative remedies on her retaliation-in-employment claim, we reverse and remand for a new trial. At that trial, the plaintiff shall have the right to have her state law claims tried to a jury. I. Facts and Prior Proceedings In 1994, Julie McElroy enrolled as a graduate student in the doctoral program at the Iowa State University College of Education. Lynn Glass, a male professor in the College, was McElroy's academic advisor also hired McElroy to work as a research assistant for Glass. Glass taught at least one of McElroy's classes. Glass repeatedly subjected McElroy to unwelcome touching and grossly inappropriate comments. The harassment reached its zenith (or nadir) in April 1995 when sent McElroy to Russia to help Glass run a month-long cultural and educational exchange program for high school students. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 6:56 McELROY v (2005) \| FindLaw 1/17 Upon arrival at their hotel in Russia, McElroy discovered Glass had arranged for them to share a two- room suite-with both beds in one room. McElroy told Glass she was uncomfortable with the sleeping arrangements and insisted one of the beds be moved to the other room. Glass became furious but eventually relented. Glass later publicly berated McElroy for not letting him \u201ctake care\u201d of her on their first night at the hotel. He told her she could \u201ckiss her Ph.D. good-bye.\u201d While the two were riding the Moscow Metro, he threatened to leave her alone and let her find her way home. This was particularly troublesome because Glass had taken McElroy's passport and money \u201cfor safekeeping\u201d after they had deplaned. At other times on the trip, Glass gave McElroy a massage after she told him not to do so; rubbed lotion on her feet against her will in a manner that evoked images of sexual intercourse; told her intimate details about his sex life, including a disgustingly detailed description of his semen; kissed her after she told him not to touch her; and ran suddenly into her room and told her he had just \u201cmessed himself.\u201d We need not repeat all the salacious facts here; nonetheless we remain fully cognizant of them. Shortly after returning home from Russia, McElroy made a sexual harassment complaint to Ann Thompson, a department chair in the College. Thompson notified Noreen Daly, Dean of the College. For the most part, Glass fessed up to his actions. Thompson removed Glass from his position as McElroy's academic advisor and instructor. Thompson also reassigned McElroy to work as a graduate assistant for another professor. Thompson and Daly told Glass to have no contact with McElroy. Glass continued to pester McElroy. In June 1995, McElroy filed a formal complaint with the Affirmative Action Office. McElroy was frustrated that was not taking adequate steps to stop Glass from harassing her. She also voiced concern that would retaliate against her appointed an attorney, Jeanne Johnson, to investigate. Johnson concluded Glass had violated ISU's sexual harassment policy, created a hostile work environment, and interfered with McElroy's academic progress. Johnson recommended eliminate interaction between Glass and McElroy, conduct sexual harassment training, and suspend Glass without pay for one semester. Dean Daly adopted Johnson's recommendations but increased the term of the suspension to one year. ISU's president tried to fire Glass, but dropped the formal proceedings necessary to dismiss a tenured faculty member after Glass was diagnosed with terminal colon cancer. Glass died in May 1997. In November 1997, McElroy sued the State of Iowa and (the defendants) for sexual harassment in employment and education, in violation of various federal and state statutes. McElroy maintained the defendants did not adequately address Glass's behavior. Instead of protecting her from Glass when she complained, McElroy alleged the defendants retaliated by changing the terms of her employment. 2/22/25, 6:56 McELROY v (2005) \| FindLaw 2/17 McElroy claimed she suffered psychologically and physically as a result. She dropped out of the graduate program on December 31, 1997. McElroy initially lost at trial, but we reversed on account of a confusing jury instruction. See generally McElroy v. State, 637 N.W.2d 488 (Iowa 2001) [McElroy ]. On remand, McElroy won jury awarded her over $3 million in damages on her federal claims, including approximately $2.5 million for emotional distress. Although the court also found a violation of state law, it ruled most of her state law damages were subsumed within her federal law damages. The defendants appealed and McElroy cross- appealed. We consolidated all appeals. Additional facts will be set forth below. We first consider the appeal issues, then the cross-appeal issues. II. The Merits: The Appeal The defendants ostensibly raise nine issues for our review on appeal, but some of these have as many as eleven sub-issues. We examine these arguments in turn, to the extent necessary. A. Scope of Retrial The defendants contend the district court erred when it granted a retrial of all the issues in the case. The defendants posit McElroy only required retrial of McElroy's employment discrimination claim because the erroneous jury instruction involved solely that claim. They argue employment discrimination is distinct from retaliation and education discrimination. The parties agree our review is for errors at law. The general rule is that when a new trial is granted, all issues must be retried. See, e.g., Hawkeye Bank v. State, 515 N.W.2d 348, 353 (Iowa 1994); Sauer v. Scott, 176 N.W.2d 140, 147 (Iowa 1970); Larimer v. Platte, 243 Iowa 1167, 1175-76, 53 N.W.2d 262, 267 (1952); Woodward v. Horst, 10 Iowa 120, 123 (1859); see also 5 C.J.S. Appeal & Error \u00a7 947 (1993). [T]he granting of partial new trials is a practice not to be commended. \u2024 As a condition to the granting of a partial new trial, it should appear that the issue to be tried is distinct and separable from the other issues, and that the new trial can be had without danger of complications with other matters\u2024 Nor may [only] certain issues be retried unless it appears that the other issues have been rightly settled and injustice will not be occasioned. Larimer, 243 Iowa at 1176-77, 53 N.W.2d at 267-68 (citations and internal quotations omitted); accord Woodward, 10 Iowa at 123 (holding partial retrial warranted if convenient, nonprejudicial, and \u201cnot attended with too much confusion\u201d). On occasion we have limited retrial to certain issues, but when we have done so we have said so. See, e.g., Dailey v. Holiday Distrib. Corp., 260 Iowa 859, 877, 151 N.W.2d 2/22/25, 6:56 McELROY v (2005) \| FindLaw 3/17 477, 489 (1967); McCarville v. Ream, 247 Iowa 1, 10-14, 72 N.W.2d 476, 481-83 (1955); Woodward, 10 Iowa at 124. We did not limit the scope of the retrial in McElroy I. The record before us shows McElroy requested retrial of all claims in that appeal. Finding reversible error with respect to one of those claims, we ordered a new trial. McElroy I, 637 N.W.2d at 502. We did so without qualification. Id. B. Exhaustion of Administrative Remedies In the district court, the defendants objected to the trial of McElroy's retaliation claims because she had not exhausted her administrative remedies. Specifically, the defendants claimed McElroy had only notified the Equal Employment Opportunity Commission (EEOC) and Iowa Civil Rights Commission (ICRC) about her federal and state sex discrimination claims, not her retaliation claims. We consider the federal and state claims separately. 1. Title Title explicitly prohibits both sex discrimination and retaliation. See 42 U.S.C. \u00a7 2000e et seq. However, Title establishes an administrative procedure which a complaining employee must follow\u2024 Exhaustion of administrative remedies is central to Title VII's statutory scheme because it provides the [administrative agency] the first opportunity to investigate discriminatory practices and enables it to perform its roles of obtaining voluntary compliance and promoting conciliatory efforts. Williams v. Little Rock Mun. Water Works, 21 F.3d 218, 222 (8th Cir.1994) (citations omitted). Exhaustion of administrative remedies under Title requires a claimant to give notice of all claims in the initial administrative complaint. Stuart v. Gen. Motors Corp., 217 F.3d 621, 630-31 (8th Cir.2000). McElroy filed her complaint with the on March 14, 1997. (The same complaint was cross-filed with the EEOC). She used the standard form, which requires complainants to identify the bases of their harassment claims by checking the applicable boxes. McElroy checked the box labeled \u201csex\u201d but not the \u201cretaliation\u201d box.1 When the asked McElroy to state in narrative fashion why she felt she was discriminated against, McElroy described Glass's continuing harassment. Although she indicated the defendants were not adequately addressing this ongoing harassment, she did not describe any acts of retaliation. Indeed, the reviewing officer specifically noted that \u201cthe only issue is whether [the defendants] took reasonable measures to stop the harassment and keep [McElroy] from working in a hostile environment.\u201d Because McElroy did not allege retaliation, she therefore failed to exhaust her Title remedies with respect to alleged retaliation-in-employment. See Williams, 21 F.3d at 222-23 (arriving at similar conclusion on analogous facts; holding plaintiff not entitled to pursue sexual discrimination claim because she did not check \u201csex\u201d box and confined her narrative discussion to retaliation). 2/22/25, 6:56 McELROY v (2005) \| FindLaw 4/17 It is true the administrative complaint must be construed liberally to further the remedial purpose of the civil rights laws. Nichols v. Am. Nat'l Ins. Co., 154 F.3d 875, 886-87 (8th Cir.1998). For this reason, in spite of the foregoing discussion \u201c[a] plaintiff will be deemed to have exhausted administrative remedies as to allegations contained in a judicial complaint that are like or reasonably related to the substance of charges timely brought before [the administrative agency].\u201d Williams, 21 F.3d at 222. Allegations that are not so related must be dismissed, however, because allowing a plaintiff to pursue them in court would circumvent the statutory scheme which requires the use of administrative proceedings. See Duncan v. Delta Consol. Indus., Inc., 371 F.3d 1020, 1025 (8th Cir.2004). Although at first glance one might think sex discrimination and attendant retaliation are \u201creasonably related,\u201d \u201cit is well established that retaliation claims are not reasonably related to underlying discrimination claims.\u201d Wallin v. Minn. Dep't of Corrections, 153 F.3d 681, 688 (8th Cir.1998); see also Duncan, 371 F.3d at 1025; Russell v Missouri Corp., 340 F.3d 735, 747-48 (8th Cir.2003); Graham v. Bryce Corp., 348 F.Supp.2d 1038, 1042 (E.D.Ark.2004); Nichols v DE, Inc., 324 F.Supp.2d 1036, 1045 (E.D.Mo.2004); Price v. Harrah's Maryland Heights Operating Co., 117 F.Supp.2d 919, 922 (E.D.Mo.2000); Fry v. Holmes Freight Lines, Inc., 72 F.Supp.2d 1074, 1079 (W.D.Mo.1999). An exception, however, applies when the retaliation alleged in the subsequent lawsuit was clearly the result of the filing of the administrative complaint. See Wallin, 153 F.3d at 689; accord Wentz v. Maryland Cas. Co., 869 F.2d 1153, 1154 (8th Cir.1989) (retaliation claim could be considered because it \u201cgrew out of the discrimination charge\u201d the plaintiff filed). The timing of the retaliation is crucial in this analysis: if the alleged retaliation began before the filing of the administrative complaint, a subsequent suit for retaliation that was not brought to the attention of the administrative agency is barred. See Wallin, 153 F.3d at 689. At trial, the thrust of McElroy's retaliation claim centered around the fact that after she complained to the Affirmative Action Office, in 1996 she was demoted from a temporary instructor to a graduate assistant. (The former position paid significantly more and did not require McElroy to take classes.) She also alleged her letters-of-intent were delayed. Because McElroy did not file her complaint with the until March 1997 and did not allege retaliation in it even though the alleged retaliation had begun the year before, the district court should not have allowed a Title retaliation claim based on the prior allegations. See Williams, 21 F.3d at 222-23 (arriving at same conclusion on similar facts); see also Bainbridge v. Loffredo Gardens, Inc., 378 F.3d 756, 760 (8th Cir.2004) (finding failure to exhaust administrative remedies where complainant did not check retaliation box and did not allege any facts in complaint to administrative agency to show retaliation); Duncan, 371 F.3d at 1025-26 (similar to Williams and holding same); Watson v. O'Neill, 365 F.3d 609, 614 (8th Cir.2004) (similar); Russell, 340 F.3d at 748 (holding plaintiff failed to exhaust administrative remedies as to retaliation claim because retaliation began before administrative charge was filed and therefore could not be said to \u201cgrow out of\u201d 2/22/25, 6:56 McELROY v (2005) \| FindLaw 5/17 it); Graham, 348 F.Supp.2d at 1042 (similar); Nichols, 324 F.Supp.2d at 1045; Price, 117 F.Supp.2d at 922; Fry, 72 F.Supp.2d at 1079.2 2 Although the authorities cited in the foregoing analysis only apply to McElroy's Title claim, we think- at least on the arguments presented in this case-that the same analysis should be applied to McElroy's retaliation claim brought under the ICRA. Because the is in part modeled after Title VII, we have traditionally looked to federal law for guidance in interpreting it. Pecenka v. Fareway Stores, Inc., 672 N.W.2d 800, 803 (Iowa 2003). McElroy has not argued that we should apply a different analysis to the ICRA. Therefore we decline to forge new ground in the absence of briefing. See Racing Ass'n of Cent. Iowa v. Fitzgerald, 675 N.W.2d 1, 6 (Iowa 2004) (\u201c[I]t is prudent to delay any consideration of whether a different analysis is appropriate to a case in which this issue was thoroughly briefed and explored.\u201d); see also Pecenka, 672 N.W.2d at 803 (noting that despite consistent utilization of the federal analytical framework, Iowa courts are not bound by federal law in interpreting the ICRA).3 3. Disposition Because the district court erroneously allowed a Title retaliation-in-employment claim, we are obliged to reverse and remand for a new trial on all issues. Although the jury also found the defendants had violated Title for discrimination-in-employment, the special verdict form did not distinguish damages for retaliation; instead it lumped all damages together. We are unable therefore to divine which damages should be attributed to which acts.4 C. Remaining Appeal Issues The defendants also argue the district court erred in a number of other respects, including eleven allegedly faulty jury instructions. Because we have already decided a new trial is necessary, we do not reach these other issues. We pause briefly to consider one of the jury instructions because it is likely to arise again on retrial. See McElroy I, 637 N.W.2d at 501-02 (similarly considering evidentiary matters); see also Gacke v. Pork Xtra, L.L.C., 684 N.W.2d 168, 184-85 (Iowa 2004); Greenwood v. Mitchell, 621 N.W.2d 200, 207-08 (Iowa 2001). Instruction No. 40 Instruction No. 40 stated that \u201c[a]ny damages awarded to the plaintiff are treated as taxable income.\u201d It is uncertain how the jury was to use this instruction. In Stover v. Lakeland Square Owners Ass'n, 434 N.W.2d 866, 871 (Iowa 1989), we affirmed the district court's refusal to give an instruction that pointed out that a personal-injury award was not taxable. Although Stover is not precisely on point, its reasoning applies with equal force in this case. We stated: 2/22/25, 6:56 McELROY v (2005) \| FindLaw 6/17 [T]he drawbacks of such an instruction seem to outweigh its benefits. Especially here, where the parties offered no evidence concerning taxation at trial, the possibility for confusion, speculation, and conjecture would be great. Stover, 434 N.W.2d at 871. Likewise, in the case at bar the parties did not offer any evidence concerning the taxable consequences of an award. The jury was left to speculate. One can only imagine the questions the members of the jury might ask: Should we up our award to McElroy because her award is taxable? How much in taxes would McElroy have to pay? What tax bracket does she fall in? Don't her lawyers get a cut? What do we do? This is precisely what we were concerned about in Stover, when we declined to open a \u201cPandora's Box\u201d of cautionary instructions to the jury. Id. The risk of confusion, speculation, and conjecture is simply too great. See id. Not only do such instructions invite speculation, but they also unduly draw attention to a collateral consequence of a jury award and thereby constitute an unfair comment. See id.5 ; see also Anderson v. Webster City Cmty. Sch. Dist., 620 N.W.2d 263, 268 (Iowa 2000) (noting reversal warranted \u201cwhen the trial court's instruction materially misstates the law, confuses or misleads the jury, or is unduly emphasized\u201d). The tax consequences instruction should not be given. III. The Merits: The Cross-Appeal McElroy raises a number of issues on cross-appeal, but we choose to address only one because it alone will undoubtedly reoccur on remand and involves an issue of substantial public importance. Cf. McElroy I, 637 N.W.2d at 501-02 (considering evidentiary issues). McElroy urges us to overrule Smith v Feed Corp., 456 N.W.2d 378 (Iowa 1990), and hold plaintiffs under the are entitled to have their claims tried to a jury of their peers. A. Smith In Smith, a sharply divided court held there was no right to a jury trial under the ICRA. The case at bar apparently presents the first opportunity to reexamine Smith. Two plaintiffs have asked the court of appeals to \u201coverrule\u201d Smith, but understandably that court has declined to tinker with our precedents. Reiss v Seeds, Inc., 548 N.W.2d 170, 175 (Iowa Ct.App.1996); Ramirez v. Iowa Dep't of Transp., 546 N.W.2d 629, 632 (Iowa Ct.App.1996). In its statutory analysis, the majority in Smith concluded the district court in an action \u201csits as the [ICRC] and is empowered only to grant that relief authorized\u201d by the ICRA. 456 N.W.2d at 381. The majority stressed the administrative nature of the framework and concluded that affording a jury trial in district court \u201cwould substantially interfere with a statutory scheme which delegates to the court only that limited power held by the commission.\u201d Id. Concerned that ruling to the contrary would result in a time consuming process which would place \u201ca greater emphasis \u2024 on a money recovery over other 2/22/25, 6:56 McELROY v (2005) \| FindLaw 7/17 available relief,\u201d the majority concluded the statute should not be interpreted to afford litigants a jury trial. Id. The majority also noted that the statute itself did not say whether a jury trial was afforded, and considered this silence as evidence the legislature did not intend a jury trial. Id. at 380-81. B. Examination of Smith On further examination, we conclude the majority's statutory analysis in Smith was fundamentally flawed and must be overruled. As four members of this court pointed out in Smith, the majority erred when it concluded the framework was administrative in nature: The district court does not sit as a civil rights commission; it does not screen cases as does the commission; it does not investigate cases like the commission; nor does a court hear cases under the commission's rules. When the legislature sought to provide a partial answer to the backlog of undisposed claims before the civil rights commission, it did so by providing an alternative to the administrative proceeding in the form of an ordinary civil action. Id. at 387-88 (Carter, J., dissenting) (emphasis in original). While it is true the generally requires plaintiffs to exhaust their administrative remedies, there is nothing extraordinary about the nature of a district court proceeding brought once those remedies are so exhausted. The is no different than any other statute providing a cause of action. The has always permitted a plaintiff to sue for monetary damages in the district court. For this reason, it is not surprising the legislature did not expressly indicate claimants were entitled to a jury trial under the ICRA-it was assumed. Far from \u201csubstantially interfere[ing] with [the] statutory scheme,\u201d interpreting the framework as written would alleviate the problems that have arisen since Smith was decided. In Smith, the dissent pointed out that denying the right to a jury trial on claims would not only run contrary to legislative intent, but would also prove infelicitous because plaintiffs bringing several different causes of action would have some of them tried by a jury, with others tried to the court. Id. at 388. Fifteen years later, the dissent's prophesy has come true. Further problems have arisen. Shortly after Smith was decided, Congress passed legislation that granted litigants the right to a jury trial under Title VII. See 42 U.S.C. \u00a7 1981.6 Subsequently, the Eighth Circuit ruled it was not bound to our pronouncement in Smith. See Pickens v. Soo Line R.R., 264 F.3d 773, 779 (8th Cir.2001). Federal district courts in Iowa have ruled litigants have a right to a jury trial on their claims in federal court. See, e.g., Bales v. Wal-Mart Stores, Inc., 972 F.Supp. 483, 490 (S.D.Iowa 1997) (concluding \u201c[t]he authorizes actual damages, as well as equitable remedies\u201d and granting jury trial on claim). As McElroy points out, this has resulted in the odd situation that plaintiffs bringing claims in federal court may receive a jury trial, but those in state court will not.7 This has only further compounded the problems the dissent foretold. 2/22/25, 6:56 McELROY v (2005) \| FindLaw 8/17 In truth, there is only one reason to uphold Smith today-stare decisis. \u201cFrom the very beginnings of this court, we have guarded the venerable doctrine of stare decisis and required the highest possible showing that a precedent should be overruled before taking such a step.\u201d Kiesau v. Bantz, 686 N.W.2d 164, 180 n. 1 (Iowa 2004) (Cady, J., dissenting) (citing, in part, Hildreth v. Tomlinson, 2 Greene 360, 361 (Iowa 1849)). We do not overturn our precedents lightly and will not do so absent a showing the prior decision was clearly erroneous. See, e.g., Kersten Co. v. Dep't of Soc. Servs., 207 N.W.2d 117, 121 (Iowa 1973); Doolittle v. Shelton, 1 Greene 272, 273 (Iowa 1848); accord Miller v. Westfield Ins. Co., 606 N.W.2d 301, 306 (Iowa 2000) (\u201cwhen error is manifest\u201d); Cover v. Craemer, 258 Iowa 29, 35, 137 N.W.2d 595, 599 (1965) (\u201cpalpably wrong\u201d); Stuart v. Pilgrim, 247 Iowa 709, 714, 74 N.W.2d 212, 216 (1956) (\u201conly for the most cogent reasons\u201d); Lammars v. Chi. Great W. R.R., 162 Iowa 211, 215, 143 N.W. 1097, 1098 (1913) (\u201cweighty and sufficient reasons\u201d). This is especially true in this case because we often infer legislative assent to our precedents from prolonged legislative silence. See, e.g., State v. Anderson, 517 N.W.2d 208, 215 (Iowa 1994); Gen. Mortgage Corp. v. Campbell, 258 Iowa 143, 152, 138 N.W.2d 416, 421 (1965). These principles are not absolute, however. \u201c[S]tare decisis does not prevent the court from reconsidering, repairing, correcting or abandoning past judicial announcements when error is manifest, including error in the interpretation of statutory enactments.\u201d Miller, 606 N.W.2d at 306. Stare decisis \u201cshould not be invoked to maintain a clearly erroneous result.\u201d Id. (quoting Kersten, 207 N.W.2d at 121). [W]hen a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. Benjamin N. Cardozo, The Nature of the Judicial Process 150 (1921); see, e.g., State v. Liddell, 672 N.W.2d 805, 813 (Iowa 2003). As for the legislative-assent-from-silence argument, it should be noted that the majority in Smith ignored this very principle. The dissent in Smith correctly noted that in several cases before that case was decided claimants were afforded a jury trial under the ICRA. Indeed, historically Iowans were afforded the right to a jury trial under previous civil rights statutes. Smith, 456 N.W.2d at 388 (Carter, J., dissenting) (citing Ayala v. Center Line, Inc., 415 N.W.2d 603 (Iowa 1987); Annear v. State, 454 N.W.2d 869 (Iowa 1990)). Rather than attempt to divine legislative intent in this fashion, we must remember that legislation sometimes persists on account of \u201cinattention and default rather than by any conscious and collective decision.\u201d Ronald Dworkin, Law's Empire 319 (1986). For all the foregoing reasons, we overrule Smith and hold a plaintiff seeking money damages under the is entitled to a jury trial. IV. Disposition 2/22/25, 6:56 McELROY v (2005) \| FindLaw 9/17 McElroy failed to exhaust her administrative remedies with respect to her federal and state retaliation-in- employment claims. Therefore these claims were not properly before the district court. Because the jury returned a general verdict, a new trial is required on all surviving claims. On remand, the plaintiff shall have the right to have her entire case tried to a jury 1. The form states the retaliation box applies if the complainant thinks the discrimination occurred \u201c[b]ecause filed a prior complaint or opposed a discriminatory practice.\u201d 2 recent United States Supreme Court decision buttresses our conclusion, and may even render the \u201creasonably related\u201d exception obsolete. In National Railroad Passenger Corp. v. Morgan, which the parties do not discuss, the Court concluded that each discrete retaliatory action constitutes its own unlawful employment practice for which administrative remedies must be exhausted. 536 U.S. 101, 110-113, 122 S.Ct. 2061, 2070-72, 153 L.Ed.2d 106, 120-22 (2002); see also Farmland Foods, Inc. v. Dubuque Human Rights Comm'n, 672 N.W.2d 733, 741 (Iowa 2003) (discussing Morgan and applying it to the continuing violation doctrine). At least one federal circuit court of appeals has abandoned the \u201creasonably related\u201d exception after Morgan. See Annett v. Univ. of Kansas, 371 F.3d 1233, 1238 (10th Cir.2004). 3. As an aside, we note that Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990), is inapposite to the case at bar. In Lynch we held, consistent with federal authority, that a retaliation claim based upon retaliatory conduct that began shortly after the filing of a sex discrimination complaint with the was properly before the district court. 454 N.W.2d at 833. But see Reiss v Seeds, Inc., 548 N.W.2d 170, 173-74 (Iowa Ct.App.1996) (deviating, sub silentio, from federal analysis and holding plaintiff exhausted administrative remedies under the with respect to sex discrimination claim even though she only presented retaliation claim to the because they had common elements and were therefore necessarily \u201creasonably related\u201d; in Reiss the court of appeals did not address or discuss the long line of Title cases holding to the contrary). 4. The foregoing discussion of exhaustion of administrative remedies only applies to McElroy's allegations of retaliation-in-employment in violation of Title and the ICRA. Title claimants are not required to exhaust the Title administrative scheme. Cannon v. Univ. of Chicago, 441 U.S. 677, 706- 08 n. 41, 99 S.Ct. 1946, 1962-63 n. 41, 60 L.Ed.2d 560, 581-82 n. 41 (1979); see also Frederick v. Simpson Coll., 160 F.Supp.2d 1033, 1035 (S.D. Iowa 2001) (\u201cCannon \u2024 made clear that private suits to enforce Title can be brought without exhausting administrative remedies.\u201d). 2/22/25, 6:56 McELROY v (2005) \| FindLaw 10/17 5. So far as we can tell, the Supreme Court has not ruled to the contrary with respect to Title claims. It is true that in Norfolk W. Ry. v. Liepelt, 444 U.S. 490, 100 S.Ct. 755, 62 L.Ed.2d 689 (1980), the Supreme Court held it was reversible error for the trial court in a case to refuse a defendant's instruction that an award would not be taxable. (In Stover, we expressly declined to follow Norfolk as a matter of state law.) With respect to Title VII, however, Norfolk is distinguishable. The policy behind issuing such an instruction on the taxable consequences of a award in Norfolk is not present here.In Norfolk, the Supreme Court was concerned that juries likely presumed awards were taxable and might therefore overcompensate plaintiffs unless an instruction was given that an award would not be taxable. Here, however, McElroy apparently seeks a windfall by encouraging the jury to return an award that negates her tax obligations. There is no announced Congressional policy that a plaintiff should be compensated at such a level so as to relieve her of her tax burden; indeed, federal policy as currently reflected in federal tax law expressly points to the contrary. Not only does the instruction in this case impermissibly cause the jury to speculate about possible tax consequences, but it also unduly draws attention to a fact in order to prod the jury to make an award contrary to legislative intent. 6. Any analogy in Smith to a pre-jury trial Title is not only outdated, but also mistaken. As the dissent pointed out, unlike the ICRA, Smith was decided at the time Title only granted equitable relief. 7. This dichotomy is not unique to Iowa, however. See DiCentes v. Michaud, 719 A.2d 509, 513 n. 6 (Me.1998) (noting state and federal courts in Maine, Iowa, Missouri, and Pennsylvania are so split). But see State ex rel. Diehl v. O'Malley, 95 S.W.3d 82 (Mo.2003) (overruling prior precedent and granting right to jury trial under state constitution and thereby ending the split with federal courts in Missouri). STREIT, Justice. All justices concur except WIGGINS, J., who takes no part. Was this helpful? Yes No 2/22/25, 6:56 McELROY v (2005) \| FindLaw 11/17 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 McELROY v (2005) Docket No: No. 03-1476. Decided: June 17, 2005 Court: Supreme Court of Iowa. Need to find an attorney? 2/22/25, 6:56 McELROY v (2005) \| FindLaw 12/17 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, 6:56 McELROY v (2005) \| FindLaw 13/17 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 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. Get email updates from FindLaw Legal Professionals Email * \uf105 2/22/25, 6:56 McELROY v (2005) \| FindLaw 14/17 Go to Learn About the Law \uf105 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) 2/22/25, 6:56 McELROY v (2005) \| FindLaw 15/17 Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/22/25, 6:56 McELROY v (2005) \| FindLaw 16/17 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, 6:56 McELROY v (2005) \| FindLaw 17/17", "7390_102.pdf": "Helping Individuals Who Have Been Hurt By Others 515-283-1111 a aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 1/21 Selected Case Summaries \u2013 Sexual Harassment, Discrimination, and Bullying at School Christopher Godfrey v. State of Iowa J. GODFREY, Plaintiff, v of BRANSTAD, Governor of the State of Iowa, individually and in his official capacity BOEYINK, Chief of Staff to the Governor of the State of Iowa, individually and in his official capacity FINDLEY, Legal Counsel to the Governor of the State of Iowa, individually and in her official capacity WAHLERT, Director, Iowa Workforce Development, in her official capacity No. LACL124195 aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 2/21 Defendants. To read Full Case Summary click here. Female Police Officer v. Chief of Police and Police Department Plaintiff joined the police force, attended the Iowa Law Enforcement Academy and began her duties with the assistance of another officer, BK. Throughout her employment made sexual remarks and requests to the female officer, who rebuffed him. She tried ignoring him, avoiding him and even changed her shift to work different hours than he did. However, he would not stop his conduct and it got worse and worse. Finally she filed a complaint with the chief of police was suspended and the investigation into his conduct resulted in several other women coming forward with similar complaints. He resigned. However, the female officer became the victim of an unrelenting campaign of retaliation. There were suddenly lots of concerns about her \u201cperformance\u201d though nothing specific was ever identified. She was told she was displaying a lack of \u201cconfidence\u201d in the performance of her duties. She was marked late one day and received a reprimand. The chief suggested that police work was probably not for her. Her every move was scrutinized. She was continually criticized for things that all officers did. Finally, the chief fired her after placing her on leave and stripping her of her gun which belonged to her personally. The case was settled after it was filed in district court. Arrick v. Power Company (2018) Yvonne started working in a clerical position for Power Company but having been a law enforcement officer for many years, she was determined to work her way up into a field engineer position, which was held almost exclusively by men. She was aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 3/21 awarded the position 2 years after she started. Unfortunately, her supervisor felt women did not belong on his field engineering team, treated her poorly, held her to different standards, and put roadblock after roadblock in her way to a second promotion. Yvonne spoke up at the two meetings about her supervisor\u2019s discrimination against women, pointing out that when the supervisor was appointed, there were four women employed, and he got rid of three of them. He did not get rid of any men. Even men who were guilty of misconduct were not discharged. She also noted several direct acts of discrimination, but no one took any action to correct her supervisor\u2019s behavior. He assigned her to handle a dispute with a contractor, expecting she would go to the jobsite alone, and knowing that the contractor had a bad temper and a history of confrontation with field staff. She took another employee with her. However, the contractor was ferocious in their interaction. Yvonne decided that her supervisor was so determined to get rid of her, he would even place her life in danger. She quit the next day. Yvonne had taken careful factual contemporaneous notes about all of her interactions with her supervisor and stored them at her home. Those notes would likely have been admissible if the case had gone to trial and would have been determinative that she was, in fact, the victim of sex discrimination. The case did not go to trial. It was settled for a confidential amount. Henderson v. Company (2018) Jessica Henderson was a master welder working in an all\u2011male factory like environment. There was one restroom for all employees. She put up with the inappropriate magazines, but one day when she went to use the facilities, her supervisor was changing his shirt with the door open. He asked if he could finish changing his shirt, she agreed and he closed the door. When he came out, she entered, but quickly noticed a cellphone propped up and pointed in the direction of the toilet. She picked it up and also noticed it was recording and was able to identify the owner by the cover. She was furious and confused and demanded that the owner of the phone give her his password. He took the phone, deleted the recording of her using the restroom and said \u201cproblem solved.\u201d She disagreed. She aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 4/21 reported the conduct to the company\u2019s owner who did not take action. She quit on the spot. She pursued criminal charges against her supervisor and he pled guilty. She then brought an employment discrimination lawsuit against her former employer. The case was settled for a confidential amount. Fagen v. Grand View University and Security (2016) Cameron came from small town Iowa and lived in a dormitory with football and basketball players at Grand View University. He got along well but was somewhat isolated by his different interests. On April 12, 2012, a group of football and basketball players wrapped Cameron in a discarded piece of carpet, pinning his arms inside. His feet did not touch the floor. They stood him up in the corner of the common room. He was completely immobilized. They tied a rope around the carpet and punched him, kicked him and beat him with a broom handle. They pelted him with cereal and poured milk on his head. They then put him back on the floor and rolled him across the room to another corner. When they stood him back up, he fell forward on his chin, breaking his jaw in two places. He had to be cut out of the carpet roll. He was taken by ambulance to a local hospital, but when the gravity of his injuries was discovered, he was immediately transferred to the University of Iowa. Most of the students were disciplined and some were expelled. Remarkably, the whole ordeal was captured by security cameras. It lasted 39 minutes, but no one was monitoring the security cameras and no one came to his aid. The Defendants wanted all of Cameron\u2019s medical records whether or not they had anything to do with his injuries. We objected and appealed to the Supreme Court, which established limitations on what records could be demanded by Defendants in a personal injury case. aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 5/21 Fortunately, Cameron made a complete recovery, changed schools and graduated with a degree in business. The case was resolved for $125,000. Gannaway v. Grinnell \u2013 Newburg School District (2015) 8\u2011year\u2011old John Doe was in the third grade when he was required to change schools and became the target of bullying by another student. When he and his dad reported the incident to the school principal, the principal did not help them identify the bully. He, instead, became impatient about the father\u2019s insistence that the bully be identified and talked to about his conduct. The dad took the complaint to the superintendent. When the principal learned that the father had taken his complaint to the superintendent, he took John Doe out of class, questioned him repeatedly about the incident, sat him in the corner and made him say over and over again will not lie\u201d. The principal called the father and told him he had \u201cbroken down\u201d the child\u2019s story and \u201cfound some discrepancies in it.\u201d The dad raced to the school to rescue his child who he heard crying and sobbing. John Doe had a pre\u2011existing condition that was severely exacerbated by the principal\u2019s conduct. The child was unable to go back to school except for a day or two and he and his siblings transferred to a new school district. The whole family has since been involved in significant social activism against bullying. The case was settled at the beginning of the trial, when the parties could not seat a jury. Many panel members had experienced bullying or had children or grandchildren who had experienced bullying and did not think they could be fair. Several jury panel members talked about the significant harm that bullying causes. Some Jurors even cried about events that happened decades ago. aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 6/21 The Doe Family Community School District and Jane Babcock (2014) Mother Doe discovered her 12-year-old prepubescent son was being recruited for sexual conduct by an older boy who was twice his size and bullied him regularly on Facebook and by text messages, asking the son to show the boy his genitals during showers in the locker room. The mother immediately complained to Ms. Babcock and others who told her the conduct was not actionable and she should destroy the Facebook messages. Instead, when her complaints did not even result in an investigation, she and her husband filed a lawsuit on behalf of their son. During discovery, defendants\u2019 documents indicated that this boy had sexually harassed other students both before and after he harassed their 12-year-old son. The son was transferred to another school district and the case was settled for $100,000.00. Child and Parent v. Worth County (2013) On July 10, 2012 a 22 year old intern was taking seven children on a canoe outing in a county owned van. She failed to stop at a stop sign and the van was broadsided by a semi and split almost in half. Despite being seat-belted, the 11 year old child was ejected through the opening. The two children she was sitting next to were killed instantly. Her mother and brother were following the van at a distance and came upon the scene of horror. They both feared she was dead, but she was taken to a local hospital and then life-flighted to Mayo\u2019s. She was listed in critical condition for many days. Her mom stayed by her side, spoke to her and held her hand. The entire community rallied around the family. Gradually, she began to wake up and regain most of her mobility. She spent 42 days at Mayo\u2019s and many more weeks and months in rehab. She went back to school and for the first year she had a full time aide. She has cognitive issues, permanent foot drop aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 7/21 and a significant change in personality. The case was settled without the filing of a lawsuit for 1.25 million dollars. High School Athlete v. Clear Lake Community School District (2013) The student was an outstanding athlete in several different sports. He was injured playing football in 2011. He worked with the assistant coach instead of practicing with the team while he was injured. As a result, longtime head football coach Fred Wieck harassed the student continuously calling him names such as \u201cfag\u201d and \u201cpussy\u201d and encouraging the rest of the team to join in. Wieck also forced the student to run wind sprints repeatedly in street clothes with his injured arm in a sling. Wieck was the student\u2019s gym teacher and made many comments indicating the student was gay and gave him unwarranted low grades. Wieck accused the student of having sex with the basketball coach and suggested he should go to the prom with him. The rumors about the student\u2019s sexual orientation were false. The student gave up football, but continued to play basketball. However the constant comments and suggestions by Wieck took their toll. He felt detached from school and the community, felt unwelcome and targeted at school and his grades began to suffer. His father filed a complaint with the Iowa Civil Rights Commission on his behalf. The case was resolved in the Commission with a monetary amount and several policy changes by the Clear Lake School District designed to prevent the kind of abusive behavior in the future. Coach Wieck resigned from teaching after an arrest for public intoxication and resigned as the football coach in 2015. Carman v. State of Iowa (2008) Cecelia Carman started working at Glenwood Resource Center in November 2007 as a night shift treatment supervisor. On her first day, two of her coworkers tried to frighten her by describing how staff members had been killed or raped by aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 8/21 clients when they worked the night shift. They talked about sex regularly and at least one displayed sexually explicit material on his computer. When she submitted a written complaint to her supervisor, the supervisor laughed and said \u201cThat\u2019s just the way they are.\u201d Cecelia continued to be sexually harassed every single day she worked and she continued to complain to her supervisor who ultimately threatened to demote her if she did not stop complaining. On January 18, 2008 Cecelia resigned. The case was settled with the State of Iowa for $100,000.00. McElroy v. State of Iowa (2005) Julie McElroy was a brilliant student working toward a PhD in education. Her goal was to become a university professor, teaching and writing about science education. She became a graduate assistant to Dr. Lynn Glass, one of the most powerful well-regarded professors in the education department. Glass brought millions of dollars in grants to the University and won dozens of prestigious awards. He also sexually harassed numerous female students over his 25 years at the University. Julie didn\u2019t know this, but the University did. Over the months, he mentored, guided and supported her. Though he said things that were inappropriate, she believed he was just socially awkward. Part of her job was to accompany him and 30 high school students on a month long exchange program with Russia in May of 1995. Once on the plane, he began to treat her like a lover rather than a colleague. When they arrived in Russia, he took her money and passport for \u201csafe keeping.\u201d At the hotel, Julie was stunned to learn he had arranged for a one bedroom suite. She demanded that one the beds be moved to the living area. He was enraged, but she insisted and he finally did so. He wanted to keep her door open, he came into her bedroom, he sat on her bed, he tried to kiss her and caress her, and she repeatedly and adamantly refused. His attempt to seduce her continued throughout the trip. He was also angry at her for refusing his advances and punished her by threatening to abandon her on the Russian subway. Julie stuck it out, knowing that the students needed her to stay and aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 9/21 fearing that leaving him in Moscow would mean leaving the University and abandoning her career goals. When she returned, she had lost 15 pounds and was depressed and anxious. She confided in her fianc\u00e9 and with his support, she reported the conduct to University officials. An investigation was conduced by an independent investigator. The Dean of the College met with Dr. Glass, who admitted the conduct that Julie had described, but insisted it was all innocent. He was ordered not to contact witnesses and not to have contact with Julie while the investigation was going on. Instead, he contacted and tried to intimidate witnesses and stalked Julie through the building. The investigation found that Glass was in violation of University policy by sexually harassing Julie. The investigator recommended his suspension, which the Dean tried to do, but he appealed. The President and other officials circled the wagons and tried to protect the professor. Julie was left to fend for herself. She was retaliated against by other professors and administrators. During the appeal process, Dr. Glass developed terminal cancer and the University dropped the charges. Julie expected he would be off campus after that, but instead, he continued stalking her until he finally left the University in March of 1997, nearly 2 years after the trip to Russia. After he died, his friends and colleagues continued to make Julie\u2019s life miserable. She finally gave up, left the University and never got her PhD. She suffers from post-traumatic stress disorder and depression. The case was tried twice. In the first trial, the judge would not permit the jury to hear all the evidence. The jury found against Julie. The Iowa Supreme Court reversed, McElroy v. State, 637 N.W.2d 488 (Iowa 2001), and sent the case back for trial. The second trial, handled by Roxanne and Paige Fiedler, lasted 3 weeks. The jury heard from numerous women who had been sexually harassed by Glass, some of whom had reported his conduct to the University. The jury found in her favor, awarding her more than 3 million dollars in damages. The State appealed aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 10/21 and again the Supreme Court reversed, holding that a technical rule had been violated at the very beginning of the administrative process. However, the Supreme Court also established a very important right. They held that a jury trial was available under the Iowa Civil Rights Act, McElroy v. State, 703 N.W.2d 385 (Iowa 2005). The case was settled thereafter. Ward v. Hebel & Son Greenhouse, Inc., & Mike Hebel, Individually (2003) Mike Hebel ran the family greenhouse. He installed a tiny camera in a unisex restroom where female employees also changed clothes. The camera was hooked to the in Hebel\u2019s office and was discovered by a maintenance man. Tracy also discovered several pornographic web sites involving restroom activities on Hebel\u2019s office computer. She filed suit and settled quickly for a confidential amount. Tuel v. Schmidt Distributors d/b/a Shoppers Supply Co., Wayne Mason, and Schmidt Distributors, Inc. (2002) Jodie started working at Shoppers Supply when she was just sixteen. Mason was thirty-nine, a former manager, and the married father of children Jodie was friends with. Mason became obsessed with Jodie, followed her throughout the store, gave her gifts, followed her by car, and made inappropriate sexual comments to her. She complained to her supervisors, who took no action, except for directing her to hide upstairs when Mason came in. She finally reported Mason to the police and filed a lawsuit for his harassment. These actions resulted in considerable controversy in the small city where these events occurred. Jodie aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 11/21 suffered retaliation for trying to hold Mason and her employer accountable. Jodie settled the case for a confidential amount. Flockhart v. Iowa Beef Processors (2000) JoDee Flockhart started at the Waterloo plant in September, 1988 as a security officer. JoDee advanced rapidly to the supply clerk position in July, 1990 high-level supervisor reached his hand into her blouse, fondled her breasts and stuck his hand down her pants. JoDee reported him to her supervisor, who then reported the conduct to his supervisor. Though her report was written and an investigation was apparently conducted produced none of these records. No action was taken to protect her. JoDee also reported a second incident and no action was taken, except that the groper was promoted. While IBP\u2019s written policy required that all incidents of sexual harassment were to be investigated and the file was to be maintained, that policy was routinely violated. There is no dispute that the third incident of groping by this same supervisor was, in fact, reported by JoDee and investigated, but again, no records were produced. The perpetrator admitted the sexual assault, and still did nothing except to direct him to stay away from JoDee. JoDee was also subjected to daily sexual harassment by her co-workers, who called her \u201cbitch,\u201d \u201ccunt,\u201d \u201cwhore,\u201d and \u201cslut.\u201d Comments were also made about her body. In addition, gender- based comments were a daily occurrence, such as JoDee should not be working, but should be home servicing her husband. Conduct such as cat calls, lip licking and crotch grabbing were frequent. Cartoons that were derogatory toward women and gays were passed around. JoDee\u2019s supervisor saw and sometimes participated in the conduct, calling JoDee a \u201cdumb bitch,\u201d assigned her work that he considered \u201cwomen\u2019s work\u201d and paid her less than the bottom amount in the range for her position. Men JoDee supervised were paid more than she was. aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 12/21 Over the course of the years, JoDee regularly and repeatedly complained about all of the sexual harassment. She became increasingly frustrated and emotionally distraught. She became depressed and angry, could not sleep, and cried all the time. On May 10, 1996, JoDee was late to work because her power went out. Employees were not normally reprimanded unless they had 3 tardies. Nonetheless, her supervisor intended to write her up. She couldn\u2019t stand any more harassment and discrimination, so she quit. The case was tried before Federal Judge Michael Melloy without a jury. At the trial, male and female employees of IBP, past and present, corroborated virtually everything JoDee said. The supervisor who groped her admitted his conduct and under oath remembered he had assaulted her more times than she was able to remember. The judge awarded JoDee back pay, emotional distress and punitive damages of $537,851 plus prejudgment interest and attorney\u2019s fees and costs of $353,332.00. 192 F. Supp. 946 (N.D. Iowa 2001). Madison v. IBP, Inc. (2000) This young meat packing worker was called sexual names and told by co-workers to \u201cfuck off bitch\u201d and to \u201csuck my dick\u201d on a daily basis. Her breasts and buttocks were groped. One of her co-workers bent her over a tub and pretended to rape her. Another picked her up and carried her around. Because she was married to an African American and had two mixed race children she was called a \u201cnigger lover\u201d and one co-worker, the brother of her supervisor, tormented her regularly by calling her children monkeys and zebras and saying don\u2019t know why you aren\u2019t embarrassed to go to the grocery store with those fucking nigger kids.\u201d Supervisors saw much of this conduct and either laughed or ignored it. She complained to her supervisors, to the Human Resource manager and even to the plant manager. She was told that if she ever wanted to be promoted, she would need to learn to put up with this kind of conduct. She was an extremely aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 13/21 competent worker and applied repeatedly for promotion. On at least 23 separate occasions, she was passed over for less qualified white men. Much of the discrimination and harassment occurred after she filed a formal complaint with the Iowa Civil Rights Commission and the Federal Equal Employment Opportunity Commission. The case was tried to a jury in federal court for four weeks and resulted in a verdict of 2.4 million dollars, which was reduced by the cap on sex discrimination damages to approximately 1.7 million plus attorneys fees and costs. The case was appealed all the way to the U.S. Supreme Court and eventually affirmed. 536 U.S. 919 (2002). We then settled for a confidential amount. Ayers v. Food & Drink, Inc. and James P. Lynch, Jr. (1999) Kelly Cunningham started as a waitress with a group of restaurants owned by James P. Lynch, notorious for heavy drinking and violent behavior. She, however, got along well with him, though he often spoke to her and touched her inappropriately. Like other women who worked for Lynch, she tried to ignore him. She was promoted to a management position. She then became pregnant with the child of the man she ultimately married. Lynch\u2019s sexual behavior escalated including a drunken groping of her breasts in front of a restaurant full of people when she was seven months into her pregnancy. Because he was the owner, her efforts to keep him away from her failed and he stalked her throughout one of the restaurants a few nights later. She fled in terror. Case tried to a jury verdict of $355,000. Won on appeal. 2000 1298731. Then settled. Brown v. Pizza Hut, Stuart O\u2019Hara and others (1999) aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 14/21 Jayme began working at a Pizza Hut Restaurant when she was just sixteen. O\u2019Hara, the assistant manager, hired her. From her first day of employment, O\u2019Hara followed her around the restaurant and cornered her. He touched her buttocks, pulled her shirt out of her pants and dropped ice down her blouse and tried to retrieve it. He followed her to the restroom and would use his key to walk in on her. She stopped using the restroom for her entire eight hour shift. He cornered her in the walk-in cooler and on one occasion, he handcuffed her to the metal shelves. He frequently told her he was determined \u201cto have his way with her,\u201d said \u201cgimme a little kiss,\u201d and threatened to get her away from others so no one could hear her scream. He also offered her drugs. His conduct culminated in an attempted rape and beating. Pizza Hut finally fired O\u2019Hara after Jayme reported this incident to the police. Jayme was then retaliated against by her co- workers and eventually fired because she had \u201cbecome a hassle.\u201d Jayme filed a lawsuit that was settled for a confidential amount. Dana Peterson v. City of Urbandale (1999) For 17 years, Dana did her job as a police officer, ignored as much of the sex discrimination and harassment as she could, wrote complaints about the most egregious conduct and managed to be such an extraordinary law enforcement professional that she got promoted to sergeant, even though she was the one and only female on the force. She inspired another woman to apply and helped her get hired. Dana also became this woman\u2019s supervisor. This second woman officer, Angela Robinson was the force\u2019s only African American. The Chief treated Officer Robinson with disdain, but Dana was able to protect her for a time. The Chief finally ordered Sgt. Petersen to issue Officer Robinson a disciplinary action for violating the department\u2019s dress code. Officer Robinson had not violated the dress code so Dana refused. She was instantly targeted, her shift was changed, she was removed from a prestigious assignment and charged with insubordination. Even after this swift retribution, she continued to refuse to carry aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 15/21 out the Chief\u2019s order which was based on race. The lawsuit was settled in formal mediation for $200,000, and Dana left the police force. Linda Channon v (1999) This high school graduate worked 23 years at UPS, starting as a part time loader and working her way up to Center Manager, earning nearly $100,000 per year in salary and benefits. Climbing that ladder required that she endure virtually every kind of sex discrimination and harassment. By sheer competence and because of the necessity of supporting her three children, she ignored some of the conduct, complained about the worst of it and overcame much prejudice by being the best at what she did. The beginning of the end came when a union steward got into a shouting match with one of the supervisors she managed. She was required to intervene and did so. The steward turned on her, forced her up against a dangerous piece of moving machinery, bumped his chest against hers and finally deliberately poked his finger into her breast. He was fired at Linda\u2019s insistence, but permitted to return to work 6 weeks later and stalked and terrorized her in the workplace. She was also targeted for retaliation by her male managers who thought her reaction to this sexual battery showed \u201cweakness\u201d. She was transferred from one job to another, constructively demoted and finally put into a position for which she had neither the training nor the experience. Even here, she would have succeeded except for deliberate sabotage from above and below. Finally, 3 years after the initial assault, her doctor ordered her to leave, diagnosing her with Post Traumatic Stress Disorder and numerous physical symptoms related to her stress. After a 4 week jury trial in Des Moines, Iowa, she was awarded approximately $600,000 in back and front pay, and compensatory damages and $80,220,000 in punitive damages. The judge reduced the award because of the cap on damages for sex discrimination to $600,000 and Linda appealed. The verdict was affirmed on appeal. Linda completed a 4 year college degree in just one year and went on to graduate from law school. She practices in Des Moines. aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 16/21 Linda Monohon v. Sullivan Payne Corporation (1991 vice-president and treaty broker is paid half what identically situated male employees are paid. She takes a brief maternity leave and returns to find her responsibilities diminished and an obsessive former lover as her immediate supervisor. He delights in making her work life miserable. When all her attempts to resolve these problems fail, she proffers her resignation, which is accepted. Case tried to jury for verdict of $6.5 million. Settled for confidential amount on appeal. Lynch v. City of Des Moines (1989 woman police officer faces outrageous comments about her body, her life and even her child. Case tried to a judge with a verdict returned in favor of Deborah. The case was appealed twice by the City and won by us both times. 454 N.W.2d 827 (Iowa 1990); 464 N.W.2d 236 (Iowa 1990). Phylliss Henry v. City of Des Moines (1972) Iowa\u2019s first woman patrolman managed to overcome the multi-pronged, serious and continuing efforts to keep her off the force, despite the highest scores on civil service tests, a straight college record in criminal justice and the height and weight necessary to meet the police department\u2019s discriminatory requirements. When the city attorney required the Police Chief to hire her, she had to survive training in which her male colleagues choked her into unconsciousness. She also was required to wear male uniforms and get a man\u2019s haircut. Everyday included the ever present sexual comments and innuendos. She prevailed, serving nine aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 17/21 years as a street officer and becoming a Sergeant before resigning. No lawsuit was ever filed. All legal action was handled informally between the attorney for the city and the Den Lawyer How Can We Help You? Loading Form... aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 18/21 aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 19/21 Contact: 515-283-1111 Fax: 515-282-0477 Office Location: 3721 61st Street Suite Des Moines 50321 Des Moines Office Follow Us Review Us \ue093 \ue094 aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 20/21 \u00a9 2025 Roxanne Conlin & Associates, P.C. \u2022 All Rights Reserved Disclaimer \| Site Map \| Privacy Policy \| Business Development Solutions by FindLaw aMENU 2/22/25, 6:57 Selected Case Summaries Sexual Harassment and Discrimination \| Roxanne Conlin & Associates, P.C. 21/21", "7390_103.pdf": "Iowa State Daily \u2022 July 3, 2003 \u2022 wins-sexual-harassment-lawsuit/ Former student wins sexual harassment lawsuit Summer Mumford Iowa State recently lost a $3 million sexual harassment lawsuit, but officials say the battle may not be over. The attorney general and assistant attorney generals working on the case plan to appeal the court\u2019s decision that awarded $3 million to former student Julie DeVall McElroy. The defense team for the university plans to appeal because they believe there was information presented in the trial that should not have been allowed, Paul Tanaka, university counsel, said. There were several errors made during the trial and the defense could and probably will appeal for a number of reasons, he said. Tanaka said he expects the appeal to be made within 30 days after the post-trial motions are decided. The specifics of the appeal are not available until the case is completely closed. \u201cIf they do appeal believe we have a solid record [to retaliate],\u201d Paige Fiedler, attorney for the plaintiff, said. If awarded, this will be the largest amount awarded to a student for sexual harassment in the history of Iowa State, Tanaka said. McElroy notified the curriculum and instruction department chair, Ann Thompson, of Lynn Glass\u2019 inappropriate behavior in 1995, according to court documents. Glass, former professor of education, was ordered to have no contact with the graduate student. McElroy was then removed from her position as Glass\u2019 graduate assistant. According to court documents, McElroy assisted Glass in organizing SciLink II, an exchange and relationship-building program between high school students in Russia and the United States. McElroy and Glass left for an ISU-sponsored month-long trip to Moscow in April 1995 with other participants. While in Moscow, Glass booked a joint two-room hotel suite for him and McElroy. McElroy moved her bed from the bedroom to the living area and slept with her clothes on, according to court documents. According to court documents, he touched her hands, arms, knees, and gave her neck and foot massages. He kissed her forehead and cheeks and shared intimate details regarding his sex life with her. When McElroy told Glass she was uncomfortable with his actions, he became upset and confrontational, according to court documents. In June 1995, McElroy filed a formal complaint with the Affirmative Action Office. The university intended to suspend Glass for a year without pay. However, the suspension was dropped when Glass was diagnosed with terminal colon cancer. He died a year later. Feeling the university did not do enough to keep Glass away from her, McElroy filed a petition against the State and Iowa State in November 1997. The trial concluded with a verdict in favor of the defendant. \u201cAfter she came forward, the university failed to take action to protect her,\u201d Fiedler said. University representatives disagree feel the university responded quickly [and properly] to her complaint,\u201d Tanaka said. After being denied a new trial, McElroy appealed because she believed the court shouldn\u2019t have allowed the university to file a late answer and important evidence was excluded. She further alleged the district court erred in instructing the jury second trial reversed the first decision on June 20 because the court concluded McElroy was prejudiced in the first trial because she was required to prove the harassment affected her employment. The new verdict states Iowa State must pay $3 million to McElroy for past and future medical bills, lost income, and pain and suffering think the reason she won was because her testimony was so compelling,\u201d Fiedler said. \u201cWe had another witness who shared similar experiences she had with Glass.\u201d Fielder not only is happy about the verdict, but she also admires the plaintiff for her bravery, she said. \u201cShe is one of my heroes,\u201d Fiedler said. McElroy said she has no ill feelings toward the university and believes the current university leadership is very good. She said she hopes that by coming forward and not giving up in court, she will inspire others to do the same already gave up on my career and future [by dropping out of the Ph.D. program],\u201d she said. \u201cIt may be too late for me, but it is not too late for other women.\u201d McElroy said she advises victims to speak to someone they trust. If they are not taken seriously, she suggests hiring an attorney. McElroy found the Student Counseling Service to be very helpful and advises others to utilize it as well."}
7,547	Jeffry Mathis	San Jose State University	[ "7547_101.pdf", "7547_102.pdf", "7547_103.pdf", "7547_104.pdf", "7547_105.pdf" ]	{"7547_101.pdf": "By By \| Bay Area News Group \| Bay Area News Group PUBLISHED: PUBLISHED: June 13, 2013 at 1:20 June 13, 2013 at 1:20 San Jose State lecturer accused by a student last August of sexual assault is no San Jose State lecturer accused by a student last August of sexual assault is no longer at the university. longer at the university. University President Mo Qayoumi announced the departure of Jeffry Mathis in a carefully University President Mo Qayoumi announced the departure of Jeffry Mathis in a carefully worded message last week to\u00ef\u00bb\u00bf a group of students who demanded Mathis\u2019 ouster in a worded message last week to\u00ef\u00bb\u00bf a group of students who demanded Mathis\u2019 ouster in a petition on petition on change.org change.org.. The students were outraged by an 11 story that aired last month in which a crying, The students were outraged by an 11 story that aired last month in which a crying, unidentified student accused Mathis of straddling and groping her in a secluded office and not unidentified student accused Mathis of straddling and groping her in a secluded office and not letting her leave when she came to ask about her grade. Their petition, posted in May, received letting her leave when she came to ask about her grade. Their petition, posted in May, received more than 600 signatures. more than 600 signatures. \u201cWe care very deeply for this school,\u201d said Sasha Bassett, one of the San Jose State students \u201cWe care very deeply for this school,\u201d said Sasha Bassett, one of the San Jose State students involved in the campaign. \u201cThe fact that it had gone nine months unresolved disgusted and involved in the campaign. \u201cThe fact that it had gone nine months unresolved disgusted and hurt us.\u201d hurt us.\u201d Qayoumi\u2019s message, emailed by his chief of staff to Bassett and several other students, assured Qayoumi\u2019s message, emailed by his chief of staff to Bassett and several other students, assured the group that the administration was also concerned and noted that the university strives to the group that the administration was also concerned and noted that the university strives to \u201cpromptly, carefully and thoroughly\u201d investigate all such complaints. \u201cpromptly, carefully and thoroughly\u201d investigate all such complaints. \u201cRegarding the allegations made in the news report, the University conducted a thorough \u201cRegarding the allegations made in the news report, the University conducted a thorough internal investigation in addition to a police investigation immediately after the student filed internal investigation in addition to a police investigation immediately after the student filed the complaint,\u201d the email concluded. the complaint,\u201d the email concluded San Jose State lecturer Jeffry Mathis, San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer accused of sexual assault, no longer working at the university working at the university 2/22/25, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 1/8 \u201cBased on those investigations, the University took appropriate action. Because this is a \u201cBased on those investigations, the University took appropriate action. Because this is a personnel matter, the specific details of the actions taken are confidential. However, Mr. Mathis personnel matter, the specific details of the actions taken are confidential. However, Mr. Mathis is no longer employed by SJSU.\u201d is no longer employed by SJSU.\u201d Attempts to contact Mathis were not immediately successful. San Jose State\u2019s campus police Attempts to contact Mathis were not immediately successful. San Jose State\u2019s campus police began investigating the case on the night of the alleged attack and referred the case to the began investigating the case on the night of the alleged attack and referred the case to the Santa Clara County district attorney last fall, said spokeswoman Pat Harris. The D.A.\u2019s office Santa Clara County district attorney last fall, said spokeswoman Pat Harris. The D.A.\u2019s office did not file charges, said the agency\u2019s public information officer, Lisa McCrary. The student who did not file charges, said the agency\u2019s public information officer, Lisa McCrary. The student who filed the complaint against Mathis with campus police told she met the kinesiology filed the complaint against Mathis with campus police told she met the kinesiology lecturer in the Spartan Complex to ask why he had given her a D+ the past semester. lecturer in the Spartan Complex to ask why he had given her a D+ the past semester. \u201cHe looked at me and touched me and said, \u2018How do you want to better your grade?'\u201d the \u201cHe looked at me and touched me and said, \u2018How do you want to better your grade?'\u201d the student said in the recorded television interview. \u201cHe kept coming closer to me and my body student said in the recorded television interview. \u201cHe kept coming closer to me and my body completely shut down. He continued to touch me and try to talk about the ways that could completely shut down. He continued to touch me and try to talk about the ways that could better my grade.\u201d better my grade.\u201d Mathis apologized in an email to the student the following day reported \u2014 and offered to Mathis apologized in an email to the student the following day reported \u2014 and offered to change her grade \u201cfor free.\u201d change her grade \u201cfor free.\u201d \u201cI\u2019ve been thinking about last night and have come to the conclusion that made a terrible \u201cI\u2019ve been thinking about last night and have come to the conclusion that made a terrible mistake in how handled that situation,\u201d the email reportedly said will change your grade to mistake in how handled that situation,\u201d the email reportedly said will change your grade to a B- for free, because it is the right way to handle this.\u201d a B- for free, because it is the right way to handle this.\u201d The university has declined to discuss details of its handling of the case, but issued a statement The university has declined to discuss details of its handling of the case, but issued a statement about its commitment to the safety of students and employees. about its commitment to the safety of students and employees. In his message to students \u2014 which was also released by a university spokeswoman \u2014 In his message to students \u2014 which was also released by a university spokeswoman \u2014 Qayoumi wrote: Qayoumi wrote: \u201cWe share your concern about the recent 11 story describing an alleged sexual battery \u201cWe share your concern about the recent 11 story describing an alleged sexual battery case at involving a lecturer, Jeffry Mathis and a female student. We are writing today to let case at involving a lecturer, Jeffry Mathis and a female student. We are writing today to let you know that cares about and is firmly committed to providing a safe environment for you know that cares about and is firmly committed to providing a safe environment for everyone in the campus community. everyone in the campus community. Read More Read More 00:00 00:00 02:00 02:00 2/22/25, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 2/8 \ue905 \ue905 \u201cWe strive to implement timely and appropriate actions to protect our community members, \u201cWe strive to implement timely and appropriate actions to protect our community members, including promptly, carefully and thoroughly investigating all complaints, followed by including promptly, carefully and thoroughly investigating all complaints, followed by appropriate responses and actions. appropriate responses and actions. \u201cIf there is any reason to believe a crime has occurred or safety is at risk, the University Police \u201cIf there is any reason to believe a crime has occurred or safety is at risk, the University Police Department is contacted, and if appropriate, the matter is referred to the Santa Clara County Department is contacted, and if appropriate, the matter is referred to the Santa Clara County District Attorney.\u201d District Attorney.\u201d Mathis appears to have been a popular academic. Students gave him good reviews on the site Mathis appears to have been a popular academic. Students gave him good reviews on the site RateMyProfessors.com RateMyProfessors.com, remarking on his sense of humor and efforts to get to know his , remarking on his sense of humor and efforts to get to know his students. One student called him \u201csocially aware,\u201d and wrote that \u201che really cares about students. One student called him \u201csocially aware,\u201d and wrote that \u201che really cares about students being comfortable in his class.\u201d students being comfortable in his class.\u201d Follow Katy Murphy at Follow Katy Murphy at Twitter.com/katymurphy Twitter.com/katymurphy.. Around the Web Around the Web Stop Information Overload Stop Information Overload 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, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 3/8 The New Normal of Selling a Home The New Normal of Selling a Home Today Today Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 4/8 Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All 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 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, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 5/8 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 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 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com 2/22/25, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 6/8 Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 7/8 2013 2013 \ue907 \ue907June June \ue907 \ue90713 13 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade 2/22/25, 6:58 San Jose State lecturer Jeffry Mathis, accused of sexual assault, no longer working at the university \u2013 The Mercury News 8/8", "7547_102.pdf": "Students Request University Officials To Dismiss Kinesiology Academics Students Special Sports Career College Opinion 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 1/8 Professor Accused Of Sexual Assault By Updated: May 29 2013, 09:55 group of San Jose State University seniors is urging the university officials to discipline kinesiology professor Jeffry Mathis, who confessed to a sexual encounter with one of his female student in his office. The university has failed to take any action yet. The professor claims the incident was consensual but the student alleges it was an assault. \"To find out they swept this under the rug it's insulting,\" said senior Sasha Bassett. \"He violated two Staff Reporter Most Popular Zenith Prep Academy Welcomes An Ivy League Admissions Officer To Its All- Star Team Feb 20, 2025 Top Universities In Expand Free Tuition For Middle- Income Families Earning Below $200K Dec 13, 2024 Internal Documents Point To Collusion Between California State Regulator And Newsweek In Attempt To Shut Down Olivet University Dec 17, 2024 36% Enrollment Drop Leads Columbia College To Cut 11 Programs And Lay Off 25 Faculty Jobs Next Fall Dec 17, 2024 University Of Colorado Anschutz Receives $46M For The First-Ever Human Eye Transplant Research Dec 03, 2024 College Students Struggle To Balance Use With Academic Integrity Policies Set By Universities Dec 16, 2024 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 2/8 faculty guidelines. The first one is to provide a safe space for the student. The second one is not to harass or violate that safe space.\" Bassett is one of the four students who are requesting a severe punishment for the professor. \"To me it shows the university was trying to hide it,\" said senior Herlinda Aguirre \"They didn't want to deal with it or anything.\" To garner more attention, the students created a website, 'Students for the Accountability of Jeffry Mathis' where in they have posted a letter to San Jose State officials including university president Mohammad Qayoumi; two university provosts, Ellen Junn and William Nance; and the chair of the kinesiology department, Shirley Reekie. 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 3/8 An excerpt of the letter: \"We are petitioning in regards to a recent report about a San Jose State faculty member accused to sexual assault by a female student. To ensure the safety and well-being of all students, in accordance with university policy, we demand the immediate removal of Jeffry Mathis from the faculty.\" So far, the online petition features 600 signatures, which will be submitted to the university officials by the month end. Earlier this month, the student approached the Investigative Unit and told them her version of the incident after she was upset and annoyed with the university's treatment on the issue. Last August, the sexual assault victim scheduled a meeting in his office to discuss a grade in her previous semester, which was D+. When she asked Mathis the reasons for awarding such a low grade, he told her it was due to plagiarism issues. 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 4/8 \"He looked at me and touched me and said, 'How do you want to better your grade?'\" the student said. \"He kept coming closer to me and my body just completely shut down. He continued to touch me and try to talk about the ways that could better my grade.\" The professor continued to engage in sexual abuse even after she told him to stop. \"Then he straddled me and sat on me,\" she said, \"and put his hands up my shirt and under my sweater and was rubbing me. He blocked the stairs and said the only way will let you leave is if can grab your butt... But it has to be the way want to grab it.\" The student then approached the university police and filed an incident report immediately. Mathis was probed for false imprisonment and sexual battery. He rubbished these allegations and later no charges were laid against him. 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 5/8 After the incident occurred, the professor did send an e-mail to the student admitting his fault: \"I've been thinking about last night and have come to the conclusion that made a terrible mistake in how handled that situation will change your grade to a B- for free, because it is the right way to handle this.\" The Investigative Unit acquired a copy of the university's confidential investigation report, wherein Mathis accepted to kissing and touching the student sexually but claimed it to be consensual. \"Everything that professor said [in that report] was a lie,\" the young woman insisted. \"He said wanted to kiss him, that wanted him. Everything was just a lie. He made it sound like was the bad guy, and that wasn't the case at all.\" 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 6/8 \u00a9 2024 University Herald, All rights reserved. Do not reproduce without permission. Special Report Florida Poly College Students Invent Fast- Acting Body Cam Trigger For Lakeland Police Jan 27, 2025 New York University To Offer Middle And High Schoolers Free Science And Engineering Programs Jan 27, 2025 Over 43% Decline In International Student Forces Centennial College To Cut 49 Programs Jan 23, 2025 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 7/8 Copyright \u00a9 2025 HERALD. All rights reserved. Use of this Web site constitutes acceptance of our Terms and Conditions of Use and Privacy Policy. 2/22/25, 6:58 Students Request University Officials to Dismiss Kinesiology Professor accused of Sexual Assault 8/8", "7547_103.pdf": "Students Call for Ouster of Professor Accused of Assault University seniors are now calling on officials to fi\ufb01re instructor after Bay Area investigation By Tony Kovaleski and Liz Wagner and Jeremy Carroll \u2022 Published May 28, 2013 \u2022 Updated on May 29, 2013 at 12:47 pm group of San Jose State University seniors is now calling on university officials to take action against a professor who admitted to crossing the line with a student in his office. This comes just group of students is calling on university administrators to take action against Professor Jeffry Mathis after he admitted to crossing the line in his office with one of his students. Chief Investigative Reporter Tony Kovaleski reports in a story that aired on May 28 2013 Watch News 24/7 \ud83d\ude97 Tariffs on cars? Copper wire thefts \ud83d\udef9 Skateboarding history Drug crackd\u2026 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 1/6 two weeks after the Investigative Unit exposed that university administrators failed to discipline kinesiology instructor Jeffry Mathis for a sexual encounter with a female student behind closed doors\u2014an incident he said was consensual but she called assault. \u201cTo find out they swept this under the rug it\u2019s insulting,\u201d said senior Sasha Bassett. Bassett and four other students say they are outraged that their university did not hand down any discipline to Mathis after he admitted to a sexual encounter with one of his students. They told Bay Area that administrators did not meet their expectations in how the university dealt with the situation and said they're disappointed that the university has offered no explanation defending its position. \u201cTo me it shows the university was trying to hide it,\u201d said senior Herlinda Aguirre \u201cThey didn\u2019t want to deal with it or anything.\u201d Senior Amanda Dougherty called what happened heartbreaking can say on behalf of all of us we are proud, proud to be here, proud to do the work that we do,\u201d she said. \u201cWe are all student leaders in different areas on this campus. We care so much for the university and when something like this happens it shows that the university doesn\u2019t care about us. And that\u2019s not okay.\u201d Earlier this month a student told the Investigative Unit her side of what happened in Mathis\u2019 office. She said she scheduled a meeting in his office last August to contest a grade. \u201cHe looked at me and touched me and said, \u2018How do you want to better your grade?\u2019\u201d the student said while fighting back tears. She asked to remain anonymous because she still attends San Jose State. \u201cHe kept coming closer to me and my body just completely shut down,\u201d she said. \u201cHe continued to touch me and try to talk about the ways that could better my grade.\u201d She said she told him to stop\u2014that she is not that kind of person. \u201cThen he straddled me and sat on me,\u201d she said, \u201cand put his hands up my shirt and under my 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 2/6 sweater and was rubbing me Bay Area contacted Mathis to hear his side of what happened in his office after hours. When he did not return calls and emails, the Investigative Unit met him on campus after class in March. \u201cWell, unfortunately, because of what was told by both and the [police department] here, I\u2019m actually not allowed to talk about it,\u201d Mathis said. He did not admit to making a mistake in front of Bay Area\u2019s camera, but he did in an email he wrote to the student the day after the meeting. \u201cI\u2019ve been thinking about last night and have come to the conclusion that made a terrible mistake in how handled that situation,\u201d he wrote. The Investigative Unit also obtained a copy of the university\u2019s confidential investigation report. In it Mathis admitted to kissing and touching the student sexually but believed it was consensual. The report stated, \u201cWhether or not their actions where consensual in this instance, his position is one of power over the students.\u201d It also stated that Mathis has a duty not to allow situations like that to develop. \u201cLet\u2019s be real,\u201d Bassett said. \u201cHe violated two faculty guidelines. The first one is to provide a safe space for the student. The second one is not to harass or violate that safe space.\u201d The students point that out in a website they created for their newly-formed group\u2014Students for the Accountability of Jeffry Mathis. They also posted a letter to San Jose State officials including university president Mohammad Qayoumi; two university provosts, Ellen Junn and William Nance; and the chair of the kinesiology department, Shirley Reekie. The letter states, \u201cWe are petitioning in regards to a recent report about a San Jose State faculty member accused of sexual assault by a female student.\u201d It continues, \u201cTo ensure the safety and well- being of all students, in accordance with university policy, we demand the immediate removal of Jeffry Mathis from the faculty.\u201d \u201cIf the university is not going to do anything then we are going to raise awareness and do something about this,\u201d said senior Rosie Mendoza. 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 3/6 The students have gathered nearly 600 signatures in their online petition. They plan to present the letter to university officials at the end of May. \u201cWe expected the university to take it seriously and at least investigate it long enough to know that it should be investigated,\u201d Bassett said. San Jose State University has continued to decline interview requests to talk about why it has elected not to discipline Mathis. Click here to watch the original investigation. If you have a tip for the Investigative Unit email [email protected] or call 888-996 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 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 4/6 Weather Forecast 43\u00b0 Clear 0% Precip 48 70 Public Inspection File Accessibility Employment Information Send Feedback Applications Terms of Service Privacy Policy Cookie Notice Advertise with us Notice Ad Choices 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 5/6 Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/22/25, 6:58 Students Call for Ouster of Professor Accused of Assault Bay Area 6/6", "7547_104.pdf": "Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. Started 15 May 2013 Petition to Mohammad Qayoumi (President, San Jose State University) and 3 others Confirmed victory This petition made change with 602 supporters! Share this petition Why this petition matters Petition details Comments 2/22/25, 6:59 Petition \u00b7 Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. -\u2026 1/4 Started by Students for the Accountability of Jeffry Mathis We are petitioning in regards to a recent report about a San Jose State faculty member accused of sexual assault by a female student (who wishes to remain anonymous), details of which can be found in the following link: Line-Receives-No-Discipline-206856621.html The article states the incident took place in August of 2012; within an hour, the student filed a report to the University Police Department at accusing Jeffry Mathis, a Kinesiology lecturer, of sexual assault. The following day, Mathis admitted he \u201cmade a terrible mistake\u201d in an email sent to the student yet the University has declined to hold him accountable, at least in the form of a disciplinary hearing. We are outraged that in the 9 months that have passed since the incident occurred, no action has been taken by the University to discipline Mathis, despite having been accused of such a serious offense. Due to the unsafe climate this incident has caused, as signatories of this petition, we call for the immediate removal of Jeffry Mathis from SJSU. According to the \u201cHandbook for Faculty Members at JOS\u00c9 UNIVERSITY\u201d, ( Jeffry Mathis has violated the following policies which fall under his faculty responsibilities: (Section II.B.2, point 3) \u201cinsure that...professional contacts with students are free from any exploitation, harassment, or discrimination\u201d. (Section II.B.4, point i) \u201c help ensure that the university meets its commitment to maintain an environment that values diversity and that is free from discrimination and harassment\u201d (emphasis added). Not only did he violate University policies but as a faculty member he held power over the student and should not have allowed any compromising situation to ensue; despite having claimed the incident as \u201cconsensual\u201d, Mathis ultimately had power over both the student and the situation. We demand social justice for the female student, who feels angry and frustrated as she continues her studies at San Jose State; the University has greatly failed to bring justice to her case. Join our call for the University to revise their neutral stance on the sexual assault of the student with regards to the lack of discipline handed to Jeffry Mathis; we ask for his removal from our University. Choosing to ignore this is essentially condoning and tolerating sexual assault within the San Jose State campus; \u201cif you are neutral in situations of injustice, you have chosen the side of the oppressor\u201d. Should the administration at San Jose State University Share this petition 2/22/25, 6:59 Petition \u00b7 Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. -\u2026 2/4 choose to do nothing regarding this case, you can be assured we will not be silent and idle in the face of such injustice. Signed, Students for the Accountability of Jeffry Mathis [email protected] NOTE: Please be aware that marking your comments as \"anonymous\" will only affect your privacy level on this petition page. Your personal information COMMENTS\" will still be forwarded to the individuals (such as Pres. MO) that are being petitioned as verification that you signed it RESULT. Thank you for your support NOT. Share this petition in person or use the code for your own material. Download Code Report a policy violation Decision-Makers Mohammad Qayoumi President, San Jose State University Ellen Junn Provost and of Academic Affairs, San Jose State University William Nance Provost and of Student Affairs, San Jose State University Shirley Reekie Kinesiology Department Chair, San Jose State University 2/22/25, 6:59 Petition \u00b7 Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. -\u2026 3/4 Change.org Education Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. Company About Impact Careers Team Community Blog Community Guidelines Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Facebook English (United Kingdom) \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 6:59 Petition \u00b7 Students for the Accountability of Jeffry Mathis: We call for the immediate removal of Jeffry Mathis from the faculty. -\u2026 4/4", "7547_105.pdf": "No Discipline for Professor Who Admitted Crossing the Line San Jose State University did not discipline an instructor who admitted to crossing the line with a female student in his office By Tony Kovaleski and Liz Wagner and Jeremy Carroll \u2022 Published May 9, 2013 \u2022 Updated on May 10, 2013 at 7:17 pm San Jose State student says she was sexually assaulted in her professor\u0000s office. He claims the relations were consensual. She spoke exclusively to Chief Investigative Reporter Tony Kovaleski because she is frustrated that nine months later there has been no resolution in her case and no discipline handed out to the professor This Watch News 24/7 \ud83d\ude97 Tariffs on cars? Copper wire thefts \ud83d\udef9 Skateboarding history Drug crackd\u2026 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 1/6 Nine months after a San Jose State University professor admitted to crossing the line with a female student in his office, the student says the university system has failed her. The student\u2014who wants to remain anonymous because she still attends the university\u2014contacted the Investigative Unit to tell her story. She said she\u2019s frustrated and angry that there has been no resolution in her case, and still no penalty or discipline handed out to the professor. Last August the student scheduled a meeting with adjunct professor Jeffry Mathis, a kinesiology lecturer who has also taught classes in childhood development, to understand why he gave her a D+ the prior semester. She learned he discovered that she plagiarized a significant amount of her final paper. The student said she did not cite the paper properly, but believes she did not plagiarize. \u201cHe looked at me and touched me and said, \u2018How do you want to better your grade?\u2019\u201d the student said while fighting back tears. \u201cHe kept coming closer to me and my body completely shut down. He continued to touch me and try to talk about the ways that could better my grade.\u201d She said she told him to stop\u2014that she is not that kind of person. \u201cThen he straddled me and sat on me,\u201d she said, \u201cand put his hands up my shirt and under my sweater and was rubbing me.\u201d The two-hour meeting happened in a secluded upstairs office of the Spartan Complex at around 8 p.m. \u201cHe blocked the stairs and said the only way will let you leave is if can grab your butt,\u201d she said. \u201cBut it has to be the way want to grab it.\u201d She said as he tried to reach for another body part, she ran down the stairs and out of the building. Within hours of the interaction she called the university police department and filed an incident report. Authorities investigated Mathis for false imprisonment and sexual battery. He denied any criminal wrongdoing, and at the conclusion of the investigation no charges were filed. \u201cEverything that professor said [in that report] was a lie,\u201d the student said. \u201cHe said wanted to kiss him, that wanted him. Everything was just a lie. He made it sound like was the bad guy, and that wasn\u2019t the case at all.\u201d The Investigative Unit contacted Mathis to hear his side of what happened in his office after hours. 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 2/6 When he did not return calls and emails, Chief Investigative Reporter Tony Kovaleski met him on campus after class in March. \u201cWell, unfortunately, because of what was told by both and the [police department] here, I\u2019m actually not allowed to talk about it,\u201d Mathis said when confronted by Kovaleski. \u201cSo follow directions.\u201d Mathis did not acknowledge making a mistake in front of Bay Area\u2019s camera, but he did in an email he wrote to the student the day after the meeting. \u201cI\u2019ve been thinking about last night and have come to the conclusion that made a terrible mistake in how handled that situation,\u201d he wrote. The email continued will change your grade to a B- for free, because it is the right way to handle this.\u201d The student said she believes Mathis offered to change her grade because he knew what he did was wrong. But, Mathis said he could not comment on whether he was disciplined, saying that he was \u201ctold specifically not to talk about it declined requests for an interview but a university spokeswoman confirmed Mathis did not go through a formal disciplinary hearing and that the university did not discipline Mathis for what happened in his office find that surprising, simply because we have acknowledgment by the instructor,\u201d said human resources expert Beth De Lima, who is not connected to the university. \u201cThere is not a question he acknowledged the behavior.\u201d De Lima, an expert-witness who has testified numerous times in court, said she believes is essentially tolerating what happened would say that when you have a policy you recognized as violated by an investigator and there is no response to that particular violation,\u201d De Lima said, \u201cin essence you are condoning the behavior Bay Area obtained a copy of the confidential investigation report written by SJSU, which concluded that \u201cthere is insufficient evidence against [Mathis] to substantiate the claim of sexual harassment and sexual assault against the [student].\u201d It also states that Mathis admitted to \u201ckissing and touching the [student] sexually although stating it was consensual.\u201d 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 3/6 The report continues, \u201cWhether or not their actions were consensual in this instance, his position is one of power over the students in his classroom\u201d and he has a \u201cduty not to allow situations to develop where a student could feel compelled to \u2018consent\u2019 to activities they would not otherwise agree to in order to be successful in his class.\u201d It goes on to conclude that Mathis \u201cdid violate his professional responsibility not to exploit the situation he found himself in and become intimate\u201d with the student. It does not explain why no action was taken. De Lima said she believes Mathis \u201cabsolutely crossed the line\u201d and pointed to the SJSU\u2019s professional code of conduct policy, which states that faculty members should \u201cassure that their evaluations of students reflect only matters relevant to the students\u2019 academic performance\u201d and \u201cinsure that their professional contacts with students are free from exploitation, harassment, or discrimination.\u201d De Lima also pointed to the policy\u2019s section on conflict of interest. It states conflict of interest is an agreement, relationship, or other arrangement, be it personal or professional, formal or informal, that undermines the faculty\u2019s disinterested performance of its professional duties and responsibilities.\u201d De Lima said that because Mathis had power over his student\u2019s grade he was in a position of having influence over the student\u2019s academic standards. Nine months after the incident in her professor\u2019s office the student says she doesn\u2019t feel any better. \u201cThis is something have to go through that never thought would have to go through,\u201d she said. \u201cEspecially in my college career.\u201d The university overruled Mathis on the grade change, and the student\u2019s grade remains at a D+. Mathis has continued to decline opportunities to defend his reputation to the Investigative Unit. Though the university declined to comment about this incident, it did provide this statement cares about and is firmly committed to providing a safe environment for everyone in the campus community. We strive to implement timely and appropriate actions to protect our community 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 4/6 members, including promptly, carefully and thoroughly investigating all complaints, followed by appropriate responses and actions. If there is any reason to believe a crime has occurred or safety is at risk, the University Police Department is contacted and, as appropriate, the matter is referred to the Santa Clara County District Attorney. If you have a tip for the Investigative Unit email [email protected] or call 888-996-TIPS. Weather Forecast 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 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 5/6 43\u00b0 Clear 0% Precip 48 70 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 2/22/25, 6:59 No Discipline for Professor Who Admitted Crossing the Line Bay Area 6/6"}
7,933	Rex L. Mahnensmith	Yale University	[ "7933_101.pdf", "7933_102.pdf", "7933_103.pdf", "7933_104.pdf" ]	{"7933_101.pdf": "New Haven, CT- Two separate federal lawsuits accuse a professor for the Yale School of Medicine of a pattern of sexual harassment that dates back almost a decade. The New York Times [ professor-accused-of-sexual-harassment.html?_r=0] reports that Yale quietly forced Professor Rex L. Mahnensmith, a kidney doctor, to resign after he was accused of sexual harassing employees at the dialysis center where university doctors sent their patients. The complaint alleges that in 2002, Mahnensmith pressed his erect penis of a social worker who was sitting on a stool in the facility. When she reported the incident, she was told \u201cthis was the culture of the clinic\u201d and basically told she learn to tolerate the Dr. Mahnensmith\u2019s inappropriate behavior. Fellow doctors also noticed Dr. Mahnensmith\u2019s inappropriate behavior as the lawsuit noted. Other plaintiffs experienced similar behavior while working at the dialysis clinic, but all the people who had the authority to stop the doctor\u2019s inappropriate behavior did nothing to stop him. The Search \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Louisiana City Council May 22, 2024 - 1:46 pm Justice for Victims in Boston, Massachusetts Sober Homes Case May 21, 2024 - 6:33 pm Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 1/8 dialysis clinic, owned by Colorado-based DaVita took no action because they wanted money and recognition that accompanied their contract with Yale, according to the complaint, the Times reported. Yale took no action either and, though they declined to comment about this lawsuit, they told the Times they take sexual harassment seriously. The seven women came forward with their allegations last year and after they were unable to satisfactorily resolve their allegations, leading the plaintiffs to file their federal suits in February. Sexual assault and harassment on college and university campuses [ harassment-cases-reported-yale-2012/] has become a major issue that is hard to combat since victims are reluctant to come forward. Many of the people who do come forward encounter the same problem as the women working under Mahnensmith; administrators fail to take corrective actions against the offending student, Professor, faculty or staff member. There are many cases of sexual harassment that are taken seriously and are appropriately addressed by an employer or a university. But there are far too many instances, this one included, in which sexual harassment is not addressed because the harasser is considered to be a valuable employee or they bring with them prestige and money. Many employees care very little about the pain and anguish sexual harassment causes the victim. Victims often turn to sexual harassment attorneys [ harassment-lawyers.usattorneys.com/] because they have already gone through the process of telling the harasser to stop, filing a formal complaint with their employer and even going so far as to find new employment. Oftentimes the victim of harassment also faces retaliation sexual harassment lawsuit is the last resort for the majority of harassment victims, and despite the prevailing wisdom, most sexual harassment complaints are not frivolous attempts at a financial windfall. Most sexual harassment cases are a means to get justice of being systematically and repeatedly sexually abused. Legal Responses to Des Moines, Iowa Harassment Case May 21, 2024 - 6:31 pm Addressing Minneapolis, Minnesota Sexual Harassment in University Settings May 16, 2024 - 11:24 am New Confidential Reporting for Navy Sexual Harassment In Annapolis, Maryland May 16, 2024 - 11:13 am Chicago, Illinois Legal Battles Escalate for Chicago Blackhawks May 16, 2024 - 11:06 am Tesla Settles Harassment Suit Amid Wider Palo Alto, California Legal Battles Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 2/8 Share this entry \ue8f3 \ue932 \uf232 \ue8f8 \ue8fc \ue8fa \ue926 \ue927 \ue805 Any person who has been sexually harassed at work or school, but has had their complaints ignored should speak with a sexual harassment attorney at USAttorneys [ lawyers.usattorneys.com/] immediately. With legal assistance, a victim of sexual harassment can seek compensation for their emotional distress, lost wages and any medical bills they incur 13, 2015 Baton Rouge Mayor Accused of Sexual Harassm in 2011 Lawsuit Addition Women Allege Sexual Harassm at Virginia Clinic Drug Coordin in Wiscons under the Scanner for Alleged Sexual Harassm Transge Woman Alleges Sexual Assault in Correct Instituti Five Women are Accusing Comedia Louis C.K. for Sexual Miscond Two Female Employe Accuse Brookha Mayor of Harassm Study: Gangs in School Lead to More Sexual Harassm Large Hop Grower Settles Same- Sex Sexual Harassm Lawsuit You might also like \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 \ue836 SEARCH\u2026 Search May 16, 2024 - 11 Legal Dynamics in Boston, Massachusetts\u2019s High-Profile Harassment Case May 16, 2024 - 9:44 am Exploring Legal Dynamics in Phoenix, Arizona\u2019s Policy Shifts May 14, 2024 - 9:21 am \ue803 Sexual Harassment in Housing: Boston, Massachusetts Case Ends in $4 Million Award!\u201d May 22, 2024 - 1:51 pm Legal Repercussions of Workplace Harassment in New Orleans, Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 3/8 When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case \u2013 Finding a Lawyer Should Be Simple Louisiana City Co May 22, 2024 - 1:4 Justice for Victim May 21, 2024 - 6:3 Legal Responses May 21, 2024 - 6:3 Addressing Minn May 16, 2024 - 11 New Confidentia May 16, 2024 - 11 Chicago, Illinois May 16, 2024 - 11 Tesla Settles Har May 16, 2024 - 11 Legal Dynamics i May 16, 2024 - 9:4 Exploring Legal May 14, 2024 - 9:2 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 4/8 and that\u2019s exactly what we\u2019re here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. We\u2019ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS. Free Answers Lawyers are ready to answer your question. Click Here Find a Lawyer Attorneys, Lawyers and Law Firms Click Here Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 5/8 \ue805Free, Personalized Answers \uf103Find The Best Lawyer Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 6/8 Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 7/8 \u00a9 Copyright - Sexual Harassment Lawyers - USAttorneys Home About Exclusive Areas Articles Contact 800-672-3103 Advertise \ue859 2/22/25, 6:59 Professor for Yale School of Medicine Accused of Sexual Harassment in Federal Lawsuit \| USAttorneys.com 8/8", "7933_102.pdf": "About Join Contact Advertise Diversity & Inclusion Subscribe Donate Print Editions Saturday February 22nd, 2025 This Week in Higher Ed: April 14, 2015 Sexual misconduct claims filed against former Yale nephrology professor Rex Mahnensmith, a former nephrology professor at the Yale School of Medicine, has been accused of committing several acts of sexual assault between 2002 and 2013, while he was director of the New Haven Dialysis Clinic, the New York Times reported Monday. Seven current and former employees at the clinic filed two federal cases against the doctor, Yale and the center, which is run by the Denver-based company DaVita. The plaintiffs claim that the doctor made inappropriate sexual gestures at or near them, but that DaVita administrators ignored complaints in order to maintain the company\u2019s favorable contract with Yale. \u201cThis has been going on for years \u2026 but staff were just told to try and work around him,\u201d Jennifer Zito, a lawyer representing six of the plaintiffs, told the Times. Yale was presented with a preliminary complaint in March 2014 and removed Mahnensmith from the faculty that April. But Mahnensmith still currently works at HealthTap, an online medical practice, the Times reported. Mahnensmith has also been accused of prescribing certain drugs, such as narcotics, to patients in order to encourage them to have procedures done at the center, said Elizabeth Chiapperino, a former DaVita facilities manager, the Times reported. Chiapperino resigned after a DaVita vice president ignored her complaints of being harassed by Mahnensmith. Shooting at Wayne Community College leaves school employee dead former Wayne Community College student shot and killed print shop operator Ron Lane on campus in Goldsboro, North Carolina Monday News reported. The shooting occurred near the school library after the suspect entered campus at 8:10 a.m., Wayne spokeswoman Tara Humphries told News. The campus was closed for the rest of the day and police have searched the surrounding area for suspect Kenneth Stancil, a former student who did not graduate from the college reported. Stancil may have been one of Lane\u2019s employees at the campus print shop. By Caroline Kelly April 14, 2015 \| 1:57am 2/22/25, 7:00 This Week in Higher Ed: April 14, 2015 - The Brown Daily Herald 1/2 \u201cThis is not a random situation. It is an isolated situation,\u201d Major Tom Effler of the Wayne County Sheriff\u2019s Office told CNN, adding that other faculty members were familiar with Stancil. Troy University students arrested for Florida beach rape Police arrested students Delonte\u2019 Martistee and Ryan Austin Calhoun of Troy University April 10 for perpetrating an alleged gang rape, the Panama City News Herald reported video posted online shows Martistee and Calhoun allegedly raping an incapacitated woman on a crowded beach during a spring break trip to Panama City, Florida, sometime between March 10 and 12, the News Herald reported. \u201cThis is happening in broad daylight with hundreds of people seeing and hearing what is happening, and they are more concerned about spilling their beer than somebody being raped,\u201d said Bay County Sheriff Frank McKeithen. The alleged victim appears to be resisting in the video, and later told the Bay Country Sheriff\u2019s office that she did not report the incident because she did not remember enough of the incident, possibly as a result of being drugged, the News Herald reported. Police discovered the video on the cell phone of a witness in the investigation of a different case involving a shooting at Troy. Officers notified officials in Panama City, making the video one of many leads in similar sexual assault cases in the area in recent weeks. Martistee and Calhoun went back to Panama City Friday to Bay County jail to face the charges, the News Herald reported. About us Contact us Advertising Donate Terms of Service Privacy Policy Masthead Alumni Subscribe to our newsletter Your Email Address Subscribe The Brown Daily Herald, Inc. is a financially independent, nonprofit media organization with more than 250 students working across our journalism, business and web divisions. Powered by Solutions by The State News All Content \u00a9 2025 The Brown Daily Herald, Inc. 2/22/25, 7:00 This Week in Higher Ed: April 14, 2015 - The Brown Daily Herald 2/2", "7933_103.pdf": "Donate \| Read the Print Edition Subscribe \| Join the 22, 2025 Med school prof denies assault charges \| 4:37 02, 2015 Former Yale nephrologist Rex Mahnensmith \u201977 is counter- suing the seven plaintiffs who filed a February federal lawsuit against him for sexual assault and sex discrimination. Mahnensmith is also suing the clinic in which the alleged harassment took place. Six women and one man filed lawsuits against Mahnensmith, Yale University and Renal Healthcare, Inc. \u2014 a subsidiary of DaVita HealthCare Partners, Inc. \u2014 alleging Title and Title violations. Mahnensmith, who was the medical director of the DaVita New Haven Dialysis Clinic and the Acute Hemodialysis Clinic in New Haven before retiring in April, filed 15 cross-claims against DaVita last month. These claims included allegations of negligence in their investigation, breach of contract and unfair trade practices. Mahnensmith also filed counterclaims against the original plaintiffs for defamation and emotional distress \uf002 2/22/25, 7:00 Med school prof denies assault charges - Yale Daily News 1/4 \u201cIt is not Dr. Mahnensmith\u2019s contention that the plaintiffs and DaVita consciously conspired with one another to destroy his reputation and career. The individual plaintiffs each [have] his or her own reason for falsely charging him with misconduct,\u201d Mahnensmith\u2019s lawyer Robert Mitchell wrote in the counterclaim. According to the cross-claim, Mahnensmith believes DaVita disliked his prioritizing patient care over profit at the clinic. As a result, DaVita administrators Elizabeth Chiapperino and Keith Parmalee helped the plaintiffs fabricate a sexual harassment case against Mahnensmith to remove him from the clinic, the cross-claim alleged. Skip Thurman, a spokesperson for DaVita, told the News the company strongly disagrees with Mahnensmith\u2019s allegations. \u201cWhen Dr. Mahnensmith\u2019s conduct was brought to our leadership\u2019s attention, we acted swiftly in conducting a thorough investigation,\u201d Thurman wrote in an email to the News. \u201cWe determined it was important for us to remove Mahnensmith as medical director. The safety and health of our patients and teammates is a primary focus.\u201d In the original lawsuit, the plaintiffs alleged that on two occasions, Mahnensmith thrust his pelvis in a sexual manner against the chair a female plaintiff was sitting in. The male plaintiff offered Mahnensmith a seat, but he did not sit down, the original lawsuit said. \u201cDr. Mahnensmith replied with a smirk, \u2018I\u2019m not finished yet,\u2019 and continued to sexually gratify himself until announcing to the group that he was finished,\u201d the complaint read. But Mahnensmith denied these allegations in his counterclaim, stating that he was simply doing exercises to reduce the pain caused by his degenerative spine disease, right leg sciatica and osteoarthritis. 2/22/25, 7:00 Med school prof denies assault charges - Yale Daily News 2/4 Mahnensmith\u2019s lawyer compared accusations lobbied against his client to events in \u201cThe Crucible,\u201d a play about the Salem Witch Trials. \u201c[Mahnensmith] says he didn\u2019t do it, they say he did,\u201d Mitchell said. \u201cWhy people get together and do this don\u2019t know, but hopefully we\u2019ll find that out in the course of developing the facts behind the case.\u201d Other allegations, including claims Mahnensmith touched a female plaintiff inappropriately on other occasions, made sexual comments and created a hostile work environment were dismissed by Mahnensmith as fabrications or easily explainable misunderstandings. He described these allegations as examples of the \u201ccollective torment\u201d he was subjected to by the plaintiffs and part of a larger plan to remove him as the director of the clinic. Jennifer Zito, who represents six of the seven plaintiffs, denied all of Mahnensmith\u2019s claims. \u201cDr. Mahnensmith\u2019s allegations against the individual plaintiffs represent are baseless and incredulous,\u201d Zito said in an email to the News. \u201cThe allegation that [seven] plaintiffs each individually, each for their own personal reasons, just fabricated accusations of sexual harassment defies common sense.\u201d The plaintiffs of the original lawsuit are also suing Yale for inadequately supervising Mahnensmith, alleging that the University\u2019s failure to act appropriately in this case falls into a broader pattern of unresponsiveness in the face of sexual misconduct allegations against faculty members. Yale spokeswoman Karen Peart declined to comment on the countersuit and whether Mahnensmith was under any supervision at the clinic. Peart said the University cannot discuss the lawsuit as it is currently in litigation and the details of Yale\u2019s arrangement with DaVita are issues relevant to the suit. 2/22/25, 7:00 Med school prof denies assault charges - Yale Daily News 3/4 Mahnensmith has been in full-time clinical practice and various teaching positions since 1984 CO., INC. 202 York Street, New Haven 06511 \| (203) 432-2400 Editorial: (203) 432-2418 \| [email protected] Business: (203) 432-2424 \| [email protected] 2025 2/22/25, 7:00 Med school prof denies assault charges - Yale Daily News 4/4", "7933_104.pdf": "News Clinical Guidance Community \uf0c9 \uf007 \uf002 Menu April 14, 2015 1 min read Former DaVita dialysis clinic medical director accused of sexual harassment Dr. Rex L. Mahnensmith, a former medical director at DaVita's New Haven Dialysis Clinic in Connecticut, who worked as a nephrology professor at Yale University for more than 20 years, is the subject of two federal lawsuits filed in Connecticut that allege sexual misconduct. The cases were filed on behalf of seven present and former employees of the dialysis center, including nurses, a social worker and a dietitian, The New York Times reported April 13. The DaVita dialysis center is a defendant in the cases, along with Yale and Mahnensmith. According to the Times, the plaintiffs' complaints include unwanted sexual contact from Mahnensmith, and a lack of action on the part of the university and DaVita, when they reported specific incidents. \"While we can't comment on the specifics of the case, we are confident that when the facts come out, they will show that upon learning of the allegations, DaVita acted swiftly and appropriately,\" a DaVita spokesperson told NN&I. DaVita said it had removed the doctor from practice at the clinic in January 2014. The Times reported that DaVita stressed to its staff its \u201cintent to keep Dr. Mahnensmith happy to protect its contracts with Yale,\u201d the complaints say, because \u201cthe Yale contracts afforded DaVita both financial gain and status.\u201d To preserve that connection, court papers say, DaVita failed to act when clinic administrators reported Dr. Mahnensmith\u2019s misbehavior. \u201cThis has been going on for years,\u201d Jennifer Zito, the lawyer for six of the plaintiffs, told the times. \u201cBut staff were just told to try and work around him.\u201d -by Rebecca Zumoff Read more about the cases at The New York Times. This article is more than 5 years old. Information may no longer be current. Trending Ads by Pulmonary Arterial Hypertension: Advances in Diagnosis and Treatment Healio Neurotrophic Keratitis: Improving Detection and Restoring Sensation Healio Injectable Solutions That Meet Treatment Goals in nAMD and Management 2/22/25, 7:00 Former DaVita dialysis clinic medical director accused of sexual harassment 1/2 Healio for Surgical Interventions for Retinal Vascular Diseases Healio 2/22/25, 7:00 Former DaVita dialysis clinic medical director accused of sexual harassment 2/2"}
8,395	Dennis Green	Stanford University	[ "8395_101.pdf", "8395_102.pdf" ]	{"8395_101.pdf": "18: Cleveland police officers detain a protester in Cleveland Public Square near the site of the Republican National Convention on July 18, 2016 in Cleveland, Ohio. Protestors are staging demonstrations outside of the Republican National Convention which starts on Monday July 18 and runs through July 21. (Photo by Justin Sullivan/Getty Images) Photo by Justin Sullivan/Getty Images It\u2019s going down in Cleveland By Clinton Yates July 18, 2016 Glad to be back home after a long week in Los Angeles. The were a ton of fun, and California . 4:00 is still a tremendous place . It feels like a big moment already and it\u2019s just the first day. The Ohio city, which isn\u2019t even the capital, is abuzz with people though there\u2019s also a tad of awkwardness because some people don\u2019t want to find themselves affiliated with presumptive Republican presidential nominee Donald Trump. Sidebar: If you\u2019re wondering, his whole family will be speaking there at some point this week, as will Scott Baio. Yes, that Scott Baio. All that aside, many are nervous about the event in general. from the Quicken Loans Arena this week. It\u2019s the first day of the Republican National Convention in Cleveland Here are five things to watch Daily Dose: 7/18/16 2/22/25, 7:01 Daily Dose: 7/18/16 1/21 . This time, again in Baton Rouge, Louisiana, where while responding to a 911 call. Still, this person chose to do this, but we again find ourselves trying to heal as result of the actions of someone with a firearm. The truth is that this is all madness. Everyone is afraid of everyone and every other person seems to have fun to assuage said fears News\u2019 Emily Shapiro on how the whole scene went down in Louisiana. Another day, another terrifying shooting situation involving police three officers were killed no one knows why has the details . Like get it \u2014 there are other planets, a solar system, etc. Your boy isn\u2019t on some pseudo-science foolishness. But when I\u2019m told that organizations such as are sending things into other planets\u2019 orbits, my mind is blown. Alas, that\u2019s what it did, and now a spacecraft called Juno is sending pictures back from Jupiter. How does that work? Don\u2019t ask me. But you can ask FiveThirtyEight\u2019s Maggie Koerth-Baker, who have to admit have no idea how to process the concept of space explains the entire process . The school plans to present tomorrow to the Big 12 conference how it plans to handle the issues. On one level, it\u2019s a tad awkward that this needs to go as far as the conference level to get properly addressed, but whatever. It\u2019s something. If you don\u2019t recall, basically Baylor\u2019s football team was doing everything it could to conceal sexual assaults alleged against its players. ESPN\u2019s Paula Lavigne and Mark Schlabach . The sexual assault scandal that rocked Baylor\u2019s campus is finally getting official consideration report Free Food : If you haven\u2019t seen this video of a man being wrongfully arrested by an officer who believes that he\u2019s done everything right and even lies to convince himself that he did, . It\u2019s a perfect example of how hubris from an authority figure can basically ruin someone\u2019s life in an instant. Coffee Break you need to watch it : Speaking of, police officers don\u2019t go to jail even when they kill one of their own. Which is mind-boggling . Snack Time when you really think about it : Stephen Colbert . That is all. Dessert is a national treasure 2/22/25, 7:01 Daily Dose: 7/18/16 2/21 isn\u2019t that bad if you\u2019re doing it with someone you care about By Clinton Yates July 17, 2016 [protected-iframe id=\u201d2139088105dfea0f0a3be9ad66b22ea1- 84028368-105107678\u2033 info=\u201d width=\u201d640\u2033 height=\u201d360\u2033 frameborder=\u201d0\u2033 webkitallowfullscreen=\u201d\u201d mozallowfullscreen=\u201d\u201d allowfullscreen=\u201d\u201d] 7:00 What you might not know about street art and graffiti is that, for many people, it\u2019s a matter of love. Love of art, love of paint, in fewer cases, love of vandalism and, in many cases, it\u2019s love of human. are two graffiti artists who have taken their operation completely global after meeting in the United States. They, as a couple and teammates, travel the globe documenting their often extremely risky painting endeavors. Utah & Ether Check out this story from know) about their history, titled \u201c ,\u201d which also does a solid job of outlining what exactly the graffiti world is about these days, and all its different iterations. While you\u2019re at it, make sure you check in on their video series , which, if you\u2019re like me sounds like a dream come true. The New Yorker To Catch a Graffiti Artist Probation Vacation Getting caught 2/22/25, 7:01 Daily Dose: 7/18/16 3/21 Traveling the world with someone you love painting and documenting it? Sign me up. #CitizensofSkateistan: The Global Community: Join in! #CitizensofSkateistan: The Global Community: Join in is a place that might be worth your time to explore By Clinton Yates July 16, 2016 The nation of \u2018Skateistan\u2019 2/22/25, 7:01 Daily Dose: 7/18/16 4/21 \u201cSkateboarding has taught me to believe in myself and to overcome challenges that at first seemed impossible.\u201d 1:15 Those are the words of a kid in the latest commercial from \u201c ,\u201d a nonprofit organization that works with kids in Afghanistan, Cambodia and South Africa to empower children through the world of skateboarding. Why do we highlight activism operations around here so much? Because they\u2019re on the ground floor of a movement to globalize the sport and ultimately help people of color achieve. Skateistan What you\u2019re going to see in this video isn\u2019t high-flying pros deftly handling rails and ramps all over some exotic city. You\u2019ll see young kids, including girls, thankfully, trying and achieving the most basic of tricks. As a young person, nailing one of those can be a rather inspirational building block when it comes to learning the value of perseverance. Skateboarding legend Tony Hawk lends his face to this effort, as well, in case you were wondering if it\u2019s legit. Overall, skating is fun. But it\u2019s also an industry and a business that, when powers are used for good, can ultimately create a world where kids feel they accomplish more than what their typical lot in life may have initially shown them 2/22/25, 7:01 Daily Dose: 7/18/16 5/21 Pallbearers lead a march down Selby Avenue after the funeral of Philando Castile at the Cathedral of St. Paul on July 14, 2016 in St. Paul, Minnesota. Castile was shot and killed on July 6, 2016 by police in Falcon Heights, Minnesota. Stephen Maturen/Getty Images Philando Castile was laid to rest in Minnesota By Clinton Yates July 15, 2016 All right, we\u2019ve come to the end of a relatively whirlwind week in the world, and on Thursday sat down with Israel Gutierrez and Amin Elhassan to talk about President Barack Obama\u2019s town hall meeting Thursday in Washington, D.C. . 2:40 Tune in . On the day the country celebrated Bastille Day, someone decided to turn things dark. Extremely so guy took a truck and plowed through people reveling on the street in Nice, creating a grisly scene in which more than 80 people ended up dead. For a nation of its size, France has ended quite a few terrorist attacks in the past few months, and the Euro Championships had its fair amount of ups and downs as well this summer. It took a shootout with police to kill this particular assailant, who was ready to do more damage News . France is again in peril reports . Yet, Philando Castile demise is something that because of the incredible bravery of Diamond Reynolds, we had the brutal opportunity to watch play out live on our mobile devices if we so chose. On Thursday, he was laid to rest in St. Paul, Minnesota will admit, these pictures and stories of black pain become very difficult to look at after a certain amount of time, but they are necessary because it reminds us of what life is and what it isn\u2019t News\u2019 Emily Shapiro . Funerals are always difficult to watch reports . Not because the movie is poorly done, but because the story is so utterly regrettable that revisiting it makes you want to scream and cry at the same time. Two of the best players in Major League Baseball were once on the same team that won a World Series but were both two young to even handle it. Dwight \u201cDoc\u201d Gooden and The 30 for 30 is borderline depressing Doc & Darryl Daily Dose: 7/15/16 2/22/25, 7:01 Daily Dose: 7/18/16 6/21 Darryl Strawberry threw their careers away to carousing, and both came out on the other side to talk about it. FiveThirtyEight\u2019s Neil Paine , analytically. breaks down that team . The man who tore his way through offensive lines all the way to a Super Bowl title with the Denver Broncos last season and never looked back has been locked in a negotiation battle with his team over his contract. And it appears, he might actually get the better of them love these stories of teams where a guy \u201cjust doesn\u2019t do that\u201d when it comes to paying certain types of players. Turns out your boy will end up getting $70 million guaranteed, Adam Schefter and Jeff Legwold. Wow. Von Miller is about to be paid according to Free Food : We talk about police brutality a lot in these parts, mainly because it\u2019s something close to us. But how we document and process it is a personal choice for each to make. You should who\u2019s recreating \u201cpopular\u201d scenes of said instances, and putting them on canvases that look like folders. Very dope. Coffee Break check out this artist : If you want to see a video of George W. Bush awkwardly getting way too enthusiastic at a memorial for those no longer with us have no idea what to make of this other than that it\u2019s weird. Snack Time you can click here wore a suit and sneakers . Happy weekend, folks. Dessert on television today 2/22/25, 7:01 Daily Dose: 7/18/16 7/21 Wendy Williams at Studios In New York on January 11 in New York City. Getty Images/Santiago Felipe to Roland Martin and the public for her negative comments about HBCUs and the By Aaron Dodson July 14, 2016 Sometimes the hardest thing to do is to admit you\u2019re wrong \u2014 especially when you\u2019re an outspoken, nationally syndicated talk show host like Wendy Williams. But on Thursday, that\u2019s exactly what Williams did: She admitted she was wrong about some perplexing racial remarks she made last week, for which she received quite a bit of criticism. 6:16 On Thursday morning, she invited Roland Martin, host of One\u2019s daily morning show , on to to make a public apology for the comments she made last week about historically black colleges and universities (HBCUs) and the NAACP. After Twitter went into a frenzy over what she said, Martin passionately called Williams out on his show, leading the two hosts to hash things out on hers. NewsOne Now The Wendy Williams Show Wendy Williams apologizes 2/22/25, 7:01 Daily Dose: 7/18/16 8/21 want to apologize to everyone might have offended regarding my remarks was wrong. So, Roland help everyone understand why was so wrong,\u201d Williams said Thursday. Williams\u2019 negatively received comments were made in reference to the after being honored with BET\u2019s Humanitarian Award. His speech was a call to action against racial inequality in America and in support of the Black Lives Matter movement. Yet the host didn\u2019t seem to fully get the message. acceptance speech actor/activist Jesse Williams gave at the 2016 Awards \u201cHis speech was very poignant, on one hand. On the other hand, you know would be really offended if there was a school known as a historically white college,\u201d Williams said. \u201cWe have historically black colleges. What if there was the National Organization for White People Only?\u201d Not a good look, especially when your talk show airs on ( Entertainment Television). Also not a good look covering how another host (Martin) . Another bad look: the fact that called you out Williams\u2019 father and brother went to HBCUs \"If You Actually Bothered To Read Book:\" Roland Martin Ed \"If You Actually Bothered To Read Book:\" Roland Martin Ed\u2026 While some might question the way in which Martin originally denounced Williams on his show, the fact of the matter is he has the platform to be just as outspoken as she can. And in the end, he got his point across \u2014 more 2/22/25, 7:01 Daily Dose: 7/18/16 9/21 informatively and effectively than she was able to do. 19: Sen. Tim Scott (R-SC) looks on as Republican presidential candidate Marco Rubio speaks at a rally February 19, 2016 in North Charleston, South Carolina. Rubio is campaigning throughout South Carolina ahead of the state\u2019s primary. (Photo by Aaron P. Bernstein/Getty Images) Photo by Aaron P. Bernstein/Getty Images Tim Scott, a U.S. senator, gets picked on by police, too By Clinton Yates July 14, 2016 If you care about Western Europe, you know that today is Bastille Day. Aka, the day that people who took a semester of French in high school and studied abroad in college get drunk and say things like \u201cEh ben, merci!\u201d Party on. 1:00 Well, that\u2019s what I\u2019m here for. He\u2019s from South Carolina, and he\u2019s the lone black Republican senator, at the moment, and he has some thoughts about what\u2019s been going on in this country recently. In a complete non-shocker, he notes that even he gets Do you know who Tim Scott is? Daily Dose: 7/14/16 2/22/25, 7:01 Daily Dose: 7/18/16 10/21 stopped by police for marginal infractions and understands the shame and problems that come with such type of enforcement. Who knew? Even if you\u2019re an elected official from a state that notoriously celebrates its antebellum history, it can happen to you! In all seriousness, though, he about it. spoke from the heart . Included on said roster are Vince McMahon, Bill Belichick, Gregg Popovich, Mike Gundy, Rasheed Wallace and Wendy Williams. Just kidding. Seriously, though, the list is out, even if only in part. This is going to be one the most hilarious conventions of all time from a pundit standpoint. Yes, former New York City Mayor Rudy Giuliani is going to be there, so steel yourself for that if you\u2019re not used to people saying incendiary things to the tune of applause. Here\u2019s the whole thing, . The names on the Republican National Convention\u2019s speakers list are out as of now All the weird fanboys of the original series went insane, claiming that the brand would be ruined and childhoods across the country would be forever stained with the presence of (gasp!) women. Anyways, the movie\u2019s out, and people like it. They like it as much as they liked the old ones, which is to say, enough. Apparently though, we\u2019re not calling it a reboot, or a remake. We\u2019re calling it a revival. FiveThirtyEight\u2019s Walt Hickey why its ratings will be flawed. Remember when it was announced that would have an all- female cast? Ghostbusters explains know, because was there. And the show\u2019s cold opening somewhat shocked the world. Seeing four players talk so plainly about what\u2019s going on between our criminal justice system as regular citizens on national television was a moment that no one will soon forget. Black suits, black backdrop, black men talking about black lives. Doesn\u2019t get much more powerful than that these days. So asked people about it and they talked. And . There were no sports on Wednesday night, but there were the wrote about it Free Food 2/22/25, 7:01 Daily Dose: 7/18/16 11/21 : Socks are important. Like important. If you\u2019re the kind of person that doesn\u2019t think about that every day with some degree of sincerity don\u2019t know what to tell you. You should spend less money on shoes and more on socks. On a related note, if you like Tribe Called Quest. Coffee Break these socks are awesome : Every three weeks pay a guy I\u2019ve known since was 15 years old $30 to cut my hair. His name is Ralph. He likes the Dallas Cowboys. He\u2019s smart and funny like him. But in France, they do things a little differently. . Snack Time differently watched on Wednesday. It was so hilariously awful that couldn\u2019t turn it off. Dessert this show on television more serious tone comes over the awards show in 2016 By Clinton Yates July 13, 2016 opening number makes major statement 2/22/25, 7:01 Daily Dose: 7/18/16 12/21 On Wednesday night in Los Angeles, the 24th annual opened with a powerful statement from four of the best players in the NBA. 9:36 Carmelo Anthony, Chris Paul, Dwyane Wade and LeBron James stood in black tuxedos, shoulder to shoulder on stage, arms clasped in front of them. The crew once known for riding a banana boat on vacation instead took a leadership role in letting the country know that Black Lives Matter. Their faces were sober, their words were eloquent, their clothes were exquisite, their emotion was real. Earlier in the night, various characters from around the world of sports and entertainment spoke on the topic. Amid the flurry of camera lights and adoring fans, it was impossible to overlook the pall on America. \u201cIt\u2019s been an unprecedented time, because of the exposure that it gets remember the era of civil unrest in the \u201960s, it was all of this and some. So, it\u2019s almost like reliving it,\u201d Basketball Hall of Famer Julius \u201cDr. J\u201d Erving, 66, said Wednesday. \u201cYou know, Watts, [California], Newark, [New Jersey], and various places and cities that got burned down mean, these are the type of situations that ignite riots and they also bring about change. So think that\u2019s the big thing about what\u2019s happening now think there\u2019ll be dramatic change, with us taking a look at how police handle their business. And we\u2019ll all be better because of that.\u201d 2/22/25, 7:01 Daily Dose: 7/18/16 13/21 Hannibal Buress, the Chicago-raised comedian whose work drastically changed the way we feel about Bill Cosby, joked that personally he still isn\u2019t sure what to do when he\u2019s recognized by police. As a guy who went from a relative unknown to rather famous from his work on television, he said that once in a blue moon it helps him, but not really. \u201cOccasionally, a cop will recognize me or something. \u2018Hey, big fan!\u2019 and always feel weird,\u201d Buress, 33, said. \u201cIt\u2019s just always feels weird when a cop takes a picture really want to say no, but can\u2019t say no do get weirded out when cops recognize me. I\u2019m like, \u2018Cops watch stand up comedy, too?\u2019 \u201d As for the rest of the country, Buress thinks that police departments policing themselves would go a long way think it really starts within the police forces where they\u2019re willing to say, \u2018Hey man, that\u2019s messed up.\u2019 Instead of having their code of silence and knowing that something is wrong and letting it pass. And once you have police officers saying, \u2018Hey this is messed up, we don\u2019t stand for this,\u2019 that\u2019ll be a huge step for that situation.\u201d But as we saw to open the show Wednesday night, it\u2019s not a topic that athletes want to or choose to ignore. New York Giants rookie cornerback Eli Apple is a 20-year-old who\u2019s yet to play a down in the NFL. But he knows that what he\u2019s seen recently is just plain not okay. \u201cIt\u2019s been definitely tragic for sure. It\u2019s sad to see America be like this, just going through all this controversy and brutality. The only thing you can do is just control and have faith. That\u2019s about it,\u201d Apple said. \u201cIt\u2019s talked about all the time [in the locker room]. They\u2019re a lot of debates going on, but there\u2019s nothing we can really do, we\u2019ve just got to make sure what we can to make America better.\u201d 2/22/25, 7:01 Daily Dose: 7/18/16 14/21 Stephen Curry of the Golden State Warriors hosts an overnight camp on July 4 at Brigham Young University in Laie, Hawaii. Jay Metzger via Getty Images Is he really deciding how much each camper pays? By Aaron Dodson July 13, 2016 In 2013, before he was an All-Star champion and league MVP, Golden State Warriors guard Stephen Curry . The overnight camp received praise for its quality and affordability, notably from sports business reporter Darren Rovell. 3:33 hosted a four-day camp in Pebble Beach, California Stephen Curry's four-day overnight camp from 8/17-20 will cost $695 per camper. \u2014 Darren Rovell (@darrenrovell) August 16, 2013 Stephen Curry\u2019s basketball camps 2/22/25, 7:01 Daily Dose: 7/18/16 15/21 Having affordable local youth camps is a great way for athletes to build real relationship w/community. Not enough do it. \u2014 Darren Rovell (@darrenrovell) August 16, 2013 Three years, three All-Star appearances, an championship and two league trophies later, Curry is now receiving criticism for the cost of his annual summer camp. Last week, Seattle Seahawks Pro Bowl defensive end Michael Bennett . criticized Curry for hosting a camp in Hawaii, where Bennett lives in the offseason, and charging $2,250 per camper, airfare not included see a lot of different athletes come through Hawaii whether it\u2019s Steph Curry or whoever it is,\u201d Bennett, who hosts a free, day-long summer football camp annually in Hawaii, . \u201cThey all come here and it makes me mad, because live in this community and understand this community \u2014 that there\u2019s so many kids who can\u2019t afford to pay such a high amount of money. In my mind it\u2019s like, how much money do you need before you start giving back for free? And think a lot of athletes should start focusing on that.\u201d told Honolulu\u2019s So how did Curry go from being hailed to an outcast in summer sports camp world? His rapid rise in fame might be to blame. The better he got, and the more games the Warriors won, the more money campers were charged to see the superstar. Chapter One of Business 101: Supply & Demand. In 2014, the summer after Curry\u2019s first All-Star appearance, the price was still $695 per camper. In 2015, the summer after the Warriors won the title and Curry won his first league MVP, . Two thousand dollars, let alone $1,175, is a lot to pay for a camp no matter whose face is attached to it. But let\u2019s take something into account: the price was $1,175 per camper Each of Curry\u2019s camps over the past three years has been branded as a \u201cWarriors Basketball Camp,\u201d and, in his defense, this is the first year the camp was branded as \u201cThe Overnight Camp featuring Stephen Curry,\u201d not as the \u201cStephen Curry Overnight Camp,\u201d which is what it\u2019s been called in the past. So , the Warriors hosted this year\u2019s camp, and therefore the technically 2/22/25, 7:01 Daily Dose: 7/18/16 16/21 team, not Curry, might be calling the shots when it comes to pricing. Let\u2019s also remember that in 2014, Curry hosted a camp in his hometown of Charlotte, North Carolina, which . cost only $110-$125 per camper Regardless of who is making the business decisions surrounding the camp, Curry clearly felt bad about the high-priced camps. He posted a flier on Instagram for a camp hosted by his brother, Seth, who plays for the Sacramento Kings, with the caption, \u201cWon\u2019t cost you 2K and it will be a great time learning from a really player.\u201d 2/22/25, 7:01 Daily Dose: 7/18/16 17/21 stephencurry30 58.0M followers View profile 311,382 likes stephencurry30 If you're in the greater area, check out @sdotcurry at Ventura College. Won't cost you 2K and it will be a great time learning from a really player. SethCurry.com View all 3,536 comments Add t View more on Instagram 2/22/25, 7:01 Daily Dose: 7/18/16 18/21 With the salary cap set to go up next year, and Curry in position to sign a huge deal, maybe he\u2019ll answer Bennett\u2019s call next summer: Make his camp free 18: U.S. Supreme Court Justice Ruth Bader Ginsburg speaks at an annual Women\u2019s History Month reception hosted by Pelosi in the U.S. capitol building on Capitol Hill in Washington, D.C. This year\u2019s event honored the women Justices of the U.S. Supreme Court: Associate Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. (Photo by Allison Shelley/Getty Images) Photo by Allison Shelley/Getty Images Live from the in Los Angeles \u2026 after Tuesday\u2019s recap By Clinton Yates July 13, 2016 Happy Wednesday, my people. It\u2019s also the day of the ESPYS, which means this is basically the last post you\u2019ll be getting from me today on anything other than that. Expect a powerful show, kiddos. The nation needs it. 11:27 . But, for what it\u2019s worth, that\u2019s what he always does. This time, though, he may have upset a large part of the populace by coming after The Notorious R.B.G., Supreme Court Justice Ruth Donald Trump is doing a lot Daily Dose: 7/13/16 2/22/25, 7:01 Daily Dose: 7/18/16 19/21 Bader Ginsburg. There are some things you just don\u2019t do. During an appearance on CNN, she kept it all the way 100, saying she cannot imagine him being president \u2014 a completely fair analysis. He then popped off with a tweet about what she should be doing with her life News\u2019 Brian McBride . has the details . Because, see, it counts for the World Series, even though it shouldn\u2019t \u2026 nevermind. That would have been a bad idea, because well, all games matter, but the fact that even had to explain that is half the issue. Anyway, during the Canadian national anthem before Tuesday night\u2019s All-Star Game, some dude in the quartet rendering the song held up an \u201cAll Lives Matter\u201d sign. He also tailored the lyrics of the song to his message. Canada, we expected better News . If Major League Baseball were crass, the All-Star Game\u2019s slogan would be #AllGamesMatter reports . Now, it\u2019s more of a concept, and just walk and do pushups when can. But when did work out, it was a serious thing. And the playlist was half the fun. Because the feeling you get when you\u2019re at that one rest between sets where you know you need to really kill it, but you want to trust the natural adrenaline flow, so you let the music go, and then say, \u201c \u201d comes on?!?! Fam, your reps will be the cleanest. Anyway, FiveThirtyEight\u2019s Walt Hickey There was a time in which \u201cworking out\u201d was an actual thing on my iCal Banned From has the ultimate workout playlist. . He posted a picture of what appears to be someone trying to kill a police officer, apparently in response to the difficult situation that was last week, and everyone noticed. The Cleveland Browns running back has since apologized, but the police union there wasn\u2019t having it. After various threats to not do their job, Crowell says he\u2019ll now donate a game check to a Dallas police organization. There is so much that\u2019s problematic about this that don\u2019t have the space to get into here, but will soon explains . Isaiah Crowell put himself in a tough spot how this unfolded Free Food 2/22/25, 7:01 Daily Dose: 7/18/16 20/21 : Full disclosure frequently freak out about the concept of sponges. They are so useful, but so disgusting and when see them in other people\u2019s homes whom don\u2019t explicitly know get nervous. And since it\u2019s summer, we see a lot of that. That aside, on a way to clean them that actually works. Coffee Break here\u2019s a reminder : Retired Los Angeles Laker Kobe Bryant is having another baby girl, which means that we are very happy for his family. But calling a kid \u201c \u201d is a tad odd, if you ask me. Snack Time Baby Mamba : If you\u2019re under 30, in about 10 seconds. Dessert you\u2019ll solve this puzzle 2/22/25, 7:01 Daily Dose: 7/18/16 21/21", "8395_102.pdf": "Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field The coach from 1992 to 2002, he led the team to the playoffs eight times and was second to only Bud Grant in all-time team victories 23, 2016 1:05PM Dennis Green, whose 10-season tenure as Vikings coach was a remarkable mixture of regular-season success, distressing playoff losses and off-the-field controversy, has died of a heart attack. He was 67 statement from Green's family to an NFL.com reporter said Green died Thursday night. Green had been living in the San Diego area but the statement did not indicate his place of death. Green, who famously pronounced that there was \"a new sheriff in town\" when hired by the Vikings in 1992, won more games than any coach in franchise history except Bud Grant. His Vikings teams reached the playoffs eight times in his first nine seasons and advanced to Championship Games after the 1998 and 2000 seasons, though never to the Super Bowl. The NFL's second black head coach, Green frequently feuded with the media and, during his final \u2014 and first losing \u2014 season with the Vikings in 2001, he engaged in a power struggle with then-owner Red McCombs man of sizable ego, Green refused to give up his sole authority on personnel decisions and with one game left in the 2001 season, took a $5 million buyout. Green termed his departure from the Vikings as a resignation, although it was clear that McCombs was making demands that he anticipated would force Green to leave. Green subsequently had one more coaching job with the Arizona Cardinals, where he went 16-32 from 2004 to '06. The Vikings have reached only one Championship Game since Green's departure. He was also a head coach at Northwestern, where he was the Big Ten's first black football coach, and at Stanford before his move to Minnesota. In a statement Friday, the Vikings said: \"We are incredibly saddened by the sudden passing of former Vikings Head Coach Dennis Green. Denny made his mark in ways far beyond being an outstanding football coach. He mentored countless players and served as a father figure for the men he coached.\" The Vikings praised Green for founding the Vikings Community Tuesday Program, which the team described as \"a critical initiative that is now implemented across the entire NFL.\" The statement called Green a \"transformative\" figure in helping to open up head coaching opportunities for blacks among major colleges and in the NFL. By Dennis Brackin Minnesota News You Can Use Subscribe 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 1/9 Current Vikings coach Mike Zimmer was at the opening ceremonies for U.S. Bank Stadium on Friday and remembered Green as a \"tremendously prepared\" coach and \"an outstanding person.\" He met Green after Zimmer got the Vikings job in 2014, and Zimmer said Green \"was very positive about how things were going with the Vikings.\" Grant, who coached the Vikings for 18 seasons, called Green \"a fine coach. His record proved that.\" \"He's a major part of a Vikings history,\" Grant added. Perhaps Green's greatest strength as a head coach was his eye for talent, both among players and coaches. After the Vikings hired him, Green put together a staff that included Tony Dungy, Brian Billick and Tyrone Willingham. Dungy and Billick would go on to win Super Bowls as coaches and Willingham was a college coach at Stanford, Notre Dame and Washington. Perhaps Green's signature player personnel decision with the Vikings was his willingness to draft Randy Moss in 1998 with the 21st overall pick, after other teams backed off because of the receiver's checkered past. He also signed aging Randall Cunningham as a free agent, and Cunningham and Moss helped lead the 1998 team to a 15-1 record. \"For my money, Denny Green is the greatest talent evaluator of any head coach in the game. Ever,\" Billick said. \"Whether it was the draft or free agency, or the player he had on his team at the time remember him saying, 'Don't tell me what he can't do, tell me what he can do to help us.' \" At Arizona, Green drafted Larry Fitzgerald Jr., who was once a Vikings ball boy during Green's tenure. \"He just had an unbelievable knack for knowing talent and being able to evaluate talent,\" said Fitzgerald, now in his 13th season with the Cardinals. \"His personality as a coach was pretty quiet. He wasn't a screamer. So when he did speak up and say something it always carried a lot of weight.\" The Vikings were 14-18 and failed to reach the playoffs in the two seasons before Green was hired to replace the retiring Jerry Burns. Green believed the team needed a culture change, and the new coach quickly followed through on his \"new sheriff in town\" claim. He quickly dispatched former All-Pro defensive stars Keith Millard and Joey Browner. After his first season, he got rid of offensive line starters Kirk Lowdermilk and Gary Zimmerman plus quarterback Rich Gannon. The next season it was star defensive end Chris Doleman. Green's first three teams reached the playoffs, only to lose in the wild-card round each time. \"Denny had a huge, huge passion for the game,\" Billick said. \"Just a huge competitor. But, once the game was over, you moved on. That was one of the strengths of Denny Green that remember.\" 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 2/9 Green left a complicated legacy in Minnesota. There was great regular-season success \u2014 97 wins to 62 losses, a .610 winning percentage \u2014 but his teams were 4-8 in the playoffs. He was praised for his off-field community work, but was the subject of a sexual harassment allegation by a female employee at Stanford that came to light in 1995; the case was settled before going to trial. It was also learned at the time that the Vikings paid a former female intern $150,000 in a sexual harassment claim against assistant coach Richard Solomon, Green's longtime confidant. Although Green denied the Stanford allegation and any direct knowledge of Solomon's actions, those stories, combined with an embarrassing playoff loss to the Chicago Bears after the 1994 season, essentially ended Green's honeymoon in Minnesota after three seasons. Controversy often marked the rest of his tenure. In 1996, as the Vikings missed the playoffs for the first time under Green, some members of the team's board of directors tried to replace him with former Gophers and Notre Dame coach Lou Holtz. The coup attempt failed, although it began an era of discord between the coach and the organization. Green penned his autobiography \"No Room for Crybabies\" in 1997, in which he revealed his plan to sue the team's board unless they allowed him to buy 30 percent interest in the team for more than $28 million. Two months later, he told a national audience that there was a conspiracy on the part of a trio of Twin Cities sports columnists and at least one Vikings board member to get him fired. Green's relationship with ownership initially improved after San Antonio businessman McCombs bought the team in July 1998. It helped, of course, that Green's 1998 team went 15-1, scoring a then record 556 points. However, the team lost to Atlanta in the title game 30-27 in overtime at the Metrodome. After that season, McCombs gave Green power over personnel decisions. January 2001 brought the beginning of the end in Minnesota when the Vikings lost the title game 41-0 to the New York Giants. The 2001 training camp in Mankato brought tragedy as tackle Korey Stringer died from heat stroke. The Vikings went 5-10 before Green ended his tenure with a game left in the season. Green's departure stunned his players, some of whom were left in tears in the locker room. Harold Morrow, a backup running back in 2001, said at the time: \"Not only was he a good coach think he was a mentor to a lot of guys on the team. Guys looked up to him. He gave a lot of guys an opportunity.\" Billick said he will remember Green as a coach \"who truly cared about his players and his coaches. He knew what was going on in their lives. He didn't just pay that lip service. \"He had just a huge, huge impact on my life. And on the game.\" Staff writers Kent Youngblood, Rochelle Olson and Chip Scoggins contributed to this report. 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 3/9 Dennis Brackin \u2022 612-673-1740 \u2022 [email protected] Dennis Green, former coach of the Minnesota Vikings, has died at age 67. (Colleen Kelly \u2014 Star Tribune/The Minnesota Star Tribune) 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 4/9 Dennis Green gave some orders to Cris Carter during the championship game in 1999. (The Minnesota Star Tribune) Dennis Green, 1992. (Star Tribune/The Minnesota Star Tribune) Share Comment Dennis Brackin See More Sponsored by Around the Web Stop Information Overload Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Free Coupons, Why Google Workspace for Business is Worth the Upgrade Nine Kinds of Ancestors You Could Find on Your Family Tree Four Easy Tips to Keep Your Kids Safe Online 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 5/9 To leave a comment, log in or create an account Your subscr goes beyon Already a s Start Now About Us Contact Us Work for Us Donate News in Education Minnesota\u2019s Best High School Sports Hubs Mobile and Tablet Apps Policies and Standards 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 6/9 Get in Touch Advertising Opportunities Media Kit Classifieds Public Notices Obituaries Strib Store Photo Reprints Full Page Archive: 150+ years Back Copies Commercial Reprints Licensing Help and Feedback Manage Your Account Newspaper Subscriptions Digital Access eEdition Text to Speech Terms of Use Privacy Policy Cookie Settings Accessibility Statement Site Index \u00a9 2025 StarTribune.All rights reserved. 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 7/9 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 8/9 2/22/25, 7:01 Ex-Vikings coach Dennis Green, dead at 67, leaves a legacy on and off the field 9/9"}
7,355	Harold Lee	Grand Rapids Community College	[ "7355_101.pdf", "7355_102.pdf" ]	{"7355_101.pdf": "All Access + the daily online newspaper \u2013 Start today for $1 Advertisement Road Trip Worthy Michigan Destinations Discover the best Michigan offers in food and places to visit. MLive.com College professor's sexual misconduct leads to resignation Published: Mar. 01, 2016, 2:59 p.m. By Monica Scott \| [email protected] (MLive File Photo) aims He Shared Private Photos Without Consent Maya Henry Accuses Liam Payne Of Bet Keep Watching 1 Subscribe longtime Grand Rapids Community College professor, accused of repeatedly kissing a student against her will, resigned the same day he learned school officials would recommend his firing for sexual misconduct, according to documents released by the college investigation, prompted by a student complaint, determined humanities professor Harold Lee violated the school's sexual misconduct policies Lee had been on paid suspension since Dec. 18, 2015, pending the outcome of the investigation. The school later determined Lee had violated two policies, including sexual assault - which includes non-consensual sexual touching - and those governing relationships with students or subordinates. Lee repeatedly kissed a student on the mouth after they met off-campus for a meal and drinks on Dec.11, according to information obtained from through a Freedom of Information Act request. Lee later admitted to school officials that their third and last kiss \"felt weird.\" \"Lee admitted that he kissed (name redacted) three times over the course of several minutes. Lee admitted that he had no indication this behavior was welcome, and that nothing (redacted) ... did encouraged the kisses.,\" according to school documents. Lee faces no criminal charges from the unwanted kissing, authorities said. The kissing followed a meeting off-campus at a local bar in which Lee and the student had a meal and alcoholic drinks. Lee acknowledged that he drank three or four beers, but claims he would not have engaged in the behavior had he not been drinking. Prior to the three unwanted kisses, the student told the school she felt very uncomfortable at the bar because Lee was sharing \"disgusting details\" about his personal life, including about an addiction to pornography and affairs he'd engaged in previously, documents show. He made multiple calls that night to the student and his number was later blocked. The student initially thought they were meeting for coffee to discuss another matter, but agreed to the meal after Lee said he was starving. Lee resigned Jan. 8, the same day he was notified that planned to bring charges against him to the Board of Trustees. The school planned to recommend his immediate termination at the Jan. 25 meeting. GRCC's sexual misconduct policy states, in part also said that even if officials assumed Lee's relationship was consensual, his conduct was explicitly prohibited under the policy prohibiting consensual relationships. Lee's behavior \"was harassing, caused embarrassment, and was sexual,\" according to the Corrective Action Notice drawn up by the school. At one point, Lee had described the kiss as \"not sexual,\" but the student said it was sexual, adding \"he tried to use his tongue could feel it around my mouth.\" The college newspaper, The Collegiate, first reported Lee's resignation. Lee has not been charged with any crime related to this case, police have said reports this was not an isolated incident. In its Jan. 8 letter to Lee, they say he acknowledged prior incidents in which he engaged in inappropriate sexual activity related to his employment Ex-Detroit area high school basketball coach charged with sexual assaulting former student Feb. 18, 2025, 6:51 a.m. Man, 82, accused of sending girl sexually explicit videos Feb. 21, 2025, 9:51 a.m sexual involvement while at Montcalm Community College, resulting in his resignation in lieu of termination. \u2022 Admission to a Kent County Sheriff's Department officer of an incident while in his faculty office at GRCC. Monica Scott is the Grand Rapids K-12 education writer. Email her at [email protected] and follow her on Twitter @MScottGR or Facebook 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. About Us Contact Us Jobs at MLive MLive Media Group Our Team Advertise with us Accessibility Statement Subscriptions MLive.com Newsletters The Ann Arbor News The Bay City Times The Flint Journal The Grand Rapids Press Jackson Citizen Patriot Kalamazoo Gazette Muskegon Chronicle The Saginaw News Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback MLive Sections Jobs Autos Real Estate Rentals Classifieds News Business Sports Advice High School Sports Betting Life Opinion Obituaries Your Regional News Pages Saginaw Jackson Kalamazoo Muskegon Ann Arbor Bay City Flint Grand Rapids Mobile Mobile apps More on MLive Video Weather Post a job Archives Classifieds Sell your car Sell/Rent your home Sponsor Content Follow Us Twitter Facebook YouTube \| 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", "7355_102.pdf": "\ue809 Screenshot source: conduct Screenshot source: conduct professor resigns following sexual misconduct investigation By Kayla Tucker - Editor-in-Chief - February 17, 2016 Humanities Professor Harold Lee resigned from Grand Rapids Community College Jan. 8 in lieu of termination following a sexual misconduct investigation. Documents obtained by The Collegiate under the Freedom of Information Act state that Lee was found to have violated two policies on sexual assault and consensual relationships with students or subordinates. Before charges could be brought to the board of trustees, Lee resigned. \u201cHe was found to have violated our sexual misconduct policy,\u201d said Title Coordinator Kimberly DeVries. According to the corrective action notice dated Jan. 8, Lee and a student met off campus on Dec. 11. Both consumed alcohol, with Lee admitting to \u201cthree to four beers while at the bar.\u201d More drinks 2/22/25, 7:02 professor resigns following sexual misconduct investigation - The Collegiate Live 1/5 \ue809 were ordered later at the table and Lee allegedly shared \u201cdisgusting details\u201d about his life with the student, including \u201caffairs\u201d he\u2019d been involved in and \u201can addiction to pornography in his past.\u201d Before leaving, Lee \u201casked for a hug.\u201d and the student \u201cresisted.\u201d Lee admittedly \u201cpulled (the student) towards him\u201d and kissed the student \u201cthree times over the course of several minutes.\u201d The corrective action notice also documents Lee\u2019s admission that \u201cthat he had no indication this behavior was welcome,\u201d and that nothing the student did encouraged the kisses. He stated he \u201cdid not think\u201d and \u201chad it not been for the drinks, he would not have engaged in this behavior.\u201d Lee \u201cmade multiple calls\u201d to the student \u201cthat same evening.\u201d The student \u201cblocked Lee\u2019s phone calls following the repeated calling.\u201d Executive Director of Human Resources Cathy Kubiak wrote in Lee\u2019s corrective action notice: \u201cLee\u2019s behavior\u2026was harassing, caused embarrassment, and was sexual. Lee\u2019s behavior is a violation of his professional ethics and responsibility as a faculty member at GRCC.\u201d Lee was not able to be reached for comment second incident involving another individual was brought up in Lee\u2019s corrective action notice. \u201cSomething had happened in his office at while he was employed here that was inappropriate and played a part in our ultimate decision,\u201d DeVries said. On Dec. 18, following a complaint received by Provost Laurie Chesley, Lee received a letter from Kubiak informing him that he was being put on a paid suspension pending investigation. Lee was instructed to not have any further contact with the student involved. \u201cWhen we were going forward with the investigation\u2026we went ahead and looked to find instructors to cover his winter course load while the investigation proceeded,\u201d DeVries said. Lee was a full-time humanities professor. Mike Vargo, dean of the school of arts and sciences at GRCC, was Lee\u2019s supervisor. Vargo said he wants to continue to create a safe culture at GRCC, where students feel comfortable coming forward with any concerns. \u201cOne of the complaints that gets lodged against institutions, even from the federal level, is that schools don\u2019t investigate these complaints quickly enough and that there\u2019s potentially a lot of concern if this is allowed to drag on,\u201d Vargo said. \u201cIt\u2019s terrible and tragic that we have to deal with those things, but if we have to deal with them we can at least do it as competently and expediently as we can.\u201d 2/22/25, 7:02 professor resigns following sexual misconduct investigation - The Collegiate Live 2/5 \ue809 Lee was hired in February 2001 as a Humanities Instructor with a yearly salary of $43,863. By June that year, Lee received approval for a three-year faculty contract with an annual base salary of $45,398. In August 2003, Lee was granted tenure. Lee was informed of a promotion on the merit schedule in June 2015. His pay was set to be raised for the following year to $88,805. Upon resignation, Lee did not receive a severance package. His benefits lasted until the end of January, the month he resigned think it\u2019s terrible that things like this happen,\u201d Vargo said. \u201cWe can try to prevent as much as we can through education and making sure people are aware of practices and policies and expectations among our faculty and staff and students provides resources to protect students, staff Title Coordinator Kimberly DeVries said one of the reasons why her office exists is to help students, and staff or faculty, in sexual misconduct situations, whether it be involving a student, staff member, or someone off campus. All employees are considered \u2018responsible employees,\u2019 meaning they have a duty to respond and report situations involving sexual misconduct. If any employee finds out about any violation of policy including, but not limited to, sexual assault, sexual violence, domestic violence, dating violence, harassment, stalking, and any incident based on sex, they are required to report this information to any deputy coordinator. These individuals include DeVries, Labor Relations and Equal Opportunity Generalist Deborah Sanders Police Chief Rebecca Whitman, Athletic Director Orletta Caldwell, and Provost Laurie Chesley student could really report to anybody,\u201d DeVries said. Reporting is telling a employee what happened via email, phone or in person. DeVries encourages written statements, but it is not a requirement. If a student wishes their situation remain confidential, they can schedule an appointment in the Counseling and Career Center, located on the third floor of the Student Center. The counselors can only report if they have permission from the student or if the person is a danger to others or themselves. \u201cThey would not do that unless you specifically wanted them to because they are confidential resources and we have that in our policy that they\u2019re confidential, they\u2019re not required to report, they\u2019re not really allowed to report unless the student specifically wants them to,\u201d DeVries said. 2/22/25, 7:02 professor resigns following sexual misconduct investigation - The Collegiate Live 3/5 \ue809 In the past, students involved have been temporarily removed from clubs or organizations or have switched class sections. \u201cIf it involves somebody at GRCC, then we can take steps to separate those two people while we investigate,\u201d DeVries said. \u201cWhatever the reporting student wants, that\u2019s where we would ask those questions.\u201d If no one is in danger, then the student can choose to not do an investigation. DeVries said arrangements can always be made to make a student more comfortable on campus. \u201cWe want students to know that there\u2019s resources here, that you can report, and that we\u2019re going to treat you fairly,\u201d DeVries said. Any student reporting sexual misconduct is given a brochure outlining community and campus resources, including information about the Young Women\u2019s Christian Association, support groups, and community counseling. Students are also informed about the police escort service, where officers are able to escort students to their car in parking ramps and from class to class is able to communicate to the student\u2019s professors about the situation, if a student may need to take a couple days off or take a test in the testing center. \u201cThere has not been one faculty member that I\u2019ve contacted for a student who has been difficult about accommodating some sort of issue like this,\u201d DeVries said. \u201cFaculty want to help, they just don\u2019t know always what the problem is.\u201d Devries said the school wants students to feel safe on campus. \u201cWe want you to be able to focus on your education and learning and not be distracted by these issues that get in the way sometimes \u2026 There are so many stories of people who have these situations and then drop out or withdraw and we don\u2019t see them again,\u201d Devries said. \u201cSo what we\u2019re trying to do is make sure that doesn\u2019t happen. Because if you\u2019re here, we want you to stay here until you\u2019re done.\u201d 2/22/25, 7:02 professor resigns following sexual misconduct investigation - The Collegiate Live 4/5 \ue809 Kayla Tucker - Editor-in-Chief 2/22/25, 7:02 professor resigns following sexual misconduct investigation - The Collegiate Live 5/5"}
7,885	Willie J. Heggins	Washington State University ‚Äì Pullman	[ "7885_101.pdf", "7885_101.pdf" ]	{"7885_101.pdf": "\"In October 2003, a graduate student complained that the chairman of her graduate dissertation committee had made sexual comments and overtures toward her, including advances at a Moscow nightclub. The professor, Willie Heggins, denied the allegation and said he was misunderstood. The found he did engage in unwelcome behavior, as well as a \"pattern and practice\" of comments about sex and the appearance of his female students, and that he engaged in a sexual relationship with the wife of a student in one of his classes. His supervisors wrote him a \"Letter of Concern and Counseling\" in July 2004 requiring him to attend training, refrain from using alcohol with students, and follow all university policies. He remains at WSU.\" 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."}
8,762	Muhammad Sajjad	Western Kentucky University ‚Äì Bowling Green	[ "8762_101.pdf" ]	{"8762_101.pdf": "Alexandra Hendricks WKUHerald.com \u2022 September 20, 2021 \u2022 decade-of-university-title-ix-actions/ Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Lily Burris and Debra Murray After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person felt was excessive touching found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over-redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d Alexandra Hendricks \u2018In the dark\u2019 On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d Alexandra Hendricks Title changes On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said. From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. Alexandra Hendricks 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13- 17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender-based harassment, discrimination and retaliation policy. He was immediately terminated. Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks Cases with no violations The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. Digital News Editor Debra Murray can be reached at [email protected]. Follow her on Twitter @debramurrayy Editor-in-Chief Lily Burris can be reached at lily.burris203@topper. wku.edu. Follow her on Twitter @lily_burris."}
8,799	Michael Cook	Hebrew Union College	[ "8799_101.pdf", "8799_102.pdf", "8799_103.pdf", "8799_104.pdf", "8799_105.pdf", "8799_106.pdf", "8799_107.pdf", "8799_108.pdf", "8799_109.pdf", "8799_110.pdf" ]	{"8799_101.pdf": "Report of Investigation into Allegations of Misconduct at Hebrew Union College-Jewish Institute of Religion Grace E. Speights Sharon P. Masling Martha B. Stolley Jocelyn R. Cuttino Ira G. Rosenstein November 3, 2021 i Table of Contents Page ..................................................................................................... 1 ............................................................ 2 ........................................... 2 1. Interviews ........................................................................................ 2 2. Document Review ............................................................................. 3 3. Time Period ...................................................................................... 3 ............................................................................................ 4 A. Categories of Conduct .................................................................................. 4 B. Themes ...................................................................................................... 5 C. Repeated Credible Allegations of Misconduct .................................................. 5 D. Recommendations ....................................................................................... 5 .............................................................................. 6 A. Allegations of Discrimination and Unfair Treatment ......................................... 7 1. Allegations of Gender Discrimination ................................................... 7 2. Allegations of Sexual Harassment ...................................................... 10 3. Allegations of LGBTQ+ Discrimination ................................................ 12 4. Allegations of Bullying and Disrespect ................................................ 14 5. Allegations Regarding Lack of Accommodations .................................. 14 6. Allegations of Racial Discrimination .................................................... 14 B. Observations Regarding Culture and Student Experiences .............................. 15 1. Abuse of Power and Fear of Retaliation .............................................. 15 2. Enabling and Protecting Those who Committed Misconduct ................. 16 3. Culture of Favoritism Towards Men.................................................... 17 4. Academic Gatekeeping That Impacted Women ................................... 18 5. Tone at the Top \u2013 Board of Governors ............................................... 18 6. Differences in Campus Cultures ......................................................... 19 7. Pain and Guilt .................................................................................. 20 8. Reporting and Record-Keeping Concerns ........................................... 20 C. Repeated Credible Allegations of Misconduct ................................................. 21 ii 1. Dr. Steven Cohen ............................................................................. 21 2. Dr. Michael Cook .............................................................................. 22 3. Dr. Alfred Gottschalk ........................................................................ 24 4. Dr. Stephen Passamaneck ................................................................ 26 5. Bonia Shur ...................................................................................... 28 6. Rabbi Sheldon Zimmerman ............................................................... 28 IV. RECOMMENDATIONS............................................................................................. 29 A. Engage in the Process of Teshuvah .............................................................. 29 B. Take Proactive Steps to Prevent Such Behavior From Recurring ...................... 30 C. Develop and Implement Clear Policies and Procedures for Reporting, Investigating, and Remedying Misconduct .................................................... 31 D. Review and Revise Relationships with Partner Synagogues and Sister Organizations ............................................................................................. 33 \u2013 Policy Review ..................................................................................... 35 1 Hebrew Union College-Jewish Institute of Religion (HUC) is an institution of Jewish higher education that operates the seminary of Reform Judaism along with graduate and professional schools and programs that train Reform rabbis and cantors, Jewish educators, non-profit leaders, and scholars of all faiths has four campuses: Cincinnati, New York City, Los Angeles, and Jerusalem currently has 430 students (spread out across the four campuses), 44 full-time faculty members (not including adjuncts), and 195 staff members. In mid-April 2021, shortly after the death of Dr. Michael Cook, a well-known professor learned of reports posted on social media about sexual harassment, gender bias, and other forms of inequitable treatment by Dr. Cook and other faculty. In response to these reports, as well as other information that previously had been brought to the attention of members of the Board of Governors (the Board), the Board decided to retain an independent organization to review all allegations of misconduct, regardless of whether they already had been reported Special Committee of the Board reached out to Morgan Lewis on April 15, 2021. On April 29, with formal approval by the Special Committee, the Board retained Morgan Lewis to conduct an independent review of accounts of inequitable experiences within the community over the past several decades.1 The Special Committee instructed us to conduct a broad and fully independent review of allegations of prior and current misconduct by anyone associated with HUC. Specifically, the Special Committee tasked us with investigating complaints of past sexual misconduct, sexual harassment, or discrimination on the basis of sex, including gender, gender identity or expression, and sexual orientation, by faculty, staff, or others associated with HUC. The Special Committee also charged us with investigating other allegations of past or current harassment or discrimination or inequitable treatment based on gender, gender identity or expression, sexual orientation, race, and/or disability. The Special Committee asked us to determine whether any faculty or staff member in a supervisory or leadership position at was aware of, or should have been aware of, such complaints at any location on any campus or at off-site assignments or events related to the curriculum and, if so, what the response of that faculty or staff member was and whether the response was appropriate. In addition to that broad investigatory scope, the Special Committee asked Morgan Lewis to review and evaluate past and current policies, procedures, and controls related to the reporting and handling of allegations or instances of misconduct, harassment, or discrimination by 1 In addition to HUC, other Reform movement institutions, including the Central Conference of American Rabbis (CCAR) and the Union for Reform Judaism, retained independent counsel to investigate how the movement deals with allegations of misconduct. These investigations commenced after April 29, 2021, when Central Synagogue, a large Reform movement synagogue, issued findings of an internal investigation stating that former President Rabbi Sheldon Zimmerman had engaged in inappropriate sexual relations in the 1970s and 1980s, during his time as Central Synagogue\u2019s senior rabbi. Rabbi Zimmerman also was the president of from 1996-2000 and he served on HUC\u2019s faculty before then. He resigned from in 2000 after an investigation into his conduct as a rabbi led to his suspension by the CCAR. 2 faculty, staff, or others associated with HUC; and to counsel and make recommendations to the Board regarding how to respond to our investigative findings. This report contains the results of Morgan Lewis\u2019s investigation and its findings and recommendations The investigation was led by a team of Morgan Lewis partners, associates, and staff and was completely independent. Neither the Board nor anyone associated with influenced, limited, or directed the investigation process or what to include in this report. The Firm was given full autonomy as to how to conduct our review as well as the final content of the report. Neither Morgan Lewis nor any of the attorneys or staff who worked on this project have previously been associated in any way with or members of its Board. We have not represented in litigation and will not do so with regard to any allegations raised in this report We began our investigation in early May 2021 and continued through late September 2021. Our objectives were (1) to gather and receive information from all those who wished to tell us about their experiences at HUC, as well as from other sources; (2) to develop, based on that information, a thorough understanding of the culture and environment on the campuses at various points in time; (3) to evaluate HUC\u2019s policies and procedures and identify ways to strengthen and enhance them; and (4) to identify areas of improvement in HUC\u2019s campus cultures. On May 8, 2021, at the outset of the investigation sent a letter from Morgan Lewis to its extended mailing list (over 30,000 individuals) about its engagement by and explained how the investigation would be conducted also posted the letter on its social media platforms and its website. The letter encouraged people with information or concerns to contact Morgan Lewis and provided a dedicated email address and telephone number by which to do so. On June 2, July 17, and July 26 distributed subsequent communications from Morgan Lewis with reminders about the investigation and how to contact Morgan Lewis. Over the next 4\u00bd months, we received and responded to more than 230 communications. Of those who reached out, we interviewed everyone who wished to share their story. During the latter phase of our investigation, we initiated contact with several people who we believed would have relevant information. We also reached out to individuals who had been the subject of multiple reports to request an interview and to give them the opportunity to respond to those reports. 1. Interviews In the course of our investigation, we conducted 170 individual interviews, which comprised the following: \uf0b7 Former Students (primarily rabbinical and cantorial students): 111 \uf0b7 Current Students: 4 \uf0b7 Former Faculty: 10 \uf0b7 Current Faculty: 14 3 \uf0b7 Former Staff: 15 \uf0b7 Current Staff: 12 \uf0b7 Other: 4 The interviews took place primarily by video conference, with a few by telephone, and lasted an average of 60-90 minutes. No conversations were recorded either by video or audio and there were no restrictions on subject area or time. All participants were informed that, while we were lawyers: (1) we were not creating an attorney-client relationship with them individually; (2) we represented the Board of and not any individual Board members, faculty members, or administrators; and (3) we anticipated that the information we gathered would ultimately be reported to the Board. At every stage of the process, we sought to maintain witness confidentiality. Some witnesses gave us express permission to use their names and identifying information with the Board. We chose not to include any witness names in this report because they are not necessary to understand our findings, conclusions, and recommendations. 2. Document Review In addition to witness interviews, we reviewed and analyzed hundreds of documents related to the investigation, including but not limited to HUC\u2019s handbooks and relevant policies and procedures; the report from the Presidential Task Force on Safe and Respectful Environments; the report by HUC\u2019s Diversity, Equity and Inclusion consultant; student reports to the Board of Governors; records regarding past complaints and investigations; deposition transcripts and expert reports from prior litigation; personnel files; internal memos; and any materials we received from witnesses to supplement and/or support what they recounted during their interview (e.g., email correspondence, social media posts, and written statements). 3. Time Period We did not restrict the scope of our investigation to any given time period. Ultimately, the allegations we heard about spanned more than five decades, from the 1970s to the present.2 *** We thank the Board and the Special Committee for the opportunity to assist in this important project. They wanted a fair, unbiased, and complete investigation and so placed no limits on its scope. We appreciate their unfettered support, as well as the support and able assistance of the administration, who answered our many questions and did their best to track down files from long ago. We also want to thank all of those who volunteered to speak with us. We understand that the subject matter of some of our conversations was complicated, difficult, and had the potential to revisit painful memories. We came away from the project with the strong view that all participants have a sincere desire to assist in meeting its deepest core values. We hope and trust this 2 We received one email alleging misconduct in the 1960s. 4 Report will be helpful to and all who have been, currently are, and will in the future be associated with this historic and special center for Jewish education and learning A. Categories of Conduct Morgan Lewis spoke with 170 witnesses and reviewed hundreds of documents detailing allegations of harassment, discrimination, and related misconduct. Given the breadth of our review, both in time and scope, it was not possible to definitively substantiate or not substantiate all of the allegations we received. We include in this Report only those allegations that we determined met a threshold of credibility, noting where possible when there were multiple and/or consistent allegations about conduct, patterns of behavior, and/or themes. The allegations we heard during interviews fall into the following categories of alleged misconduct: (1) gender discrimination; (2) sexual harassment; (3) LGBTQ+ discrimination; (4) bullying and disrespect; (5) failure to provide accommodations; and (6) racial discrimination significant number of the women we interviewed, as well as some of the men, described gender discrimination or bias that they experienced and/or witnessed. The most prevalent comment we heard was of a \u201cgood old boys\u201d mindset across all of HUC\u2019s campuses. Additionally, women credibly reported being subjected to direct gender discrimination, ranging from comments disparaging women in the rabbinate generally, to a woman being told she was \u201ctoo high strung to be a rabbi,\u201d to female students and faculty being treated negatively because they chose to focus on feminism in their scholarship. We also were told about more recent microaggressions against women, such as being interrupted while speaking, being ignored by male colleagues, or being called by first names rather than \u201cdoctor\u201d or \u201crabbi\u201d or \u201cprofessor.\u201d Both faculty and students described instances of male faculty and administrators commenting on women\u2019s appearances and/or weight while not making similar comments about men\u2019s appearances or weight. In addition to gender bias, we received numerous allegations of sexual harassment, ranging in severity from forcible sexual touching to off-color jokes and comments about breasts and penis size. While the more serious allegations concern conduct occurring before 2000, we also heard about more recent harassment and boundary-crossing behavior. Numerous students told us that they did not report sexual harassment to faculty or the administration because they feared retaliation smaller but still significant number of witnesses experienced or witnessed alleged discrimination based on LGBTQ+ status. While the most blatant and egregious allegations date from years ago, the issue reportedly remains today. We heard numerous allegations about various forms of bullying by faculty members and leaders in the administration. We also received reports of difficulties obtaining accommodations for disabilities and pregnancy/new parenthood. 5 Some students and faculty members also shared with us experiences and observations of racial discrimination. B. Themes Overall, the common themes that former and current students and faculty alleged were: (1) abuse of power by some administrative leaders and faculty, and fear of retaliation by the reporters or would-be reporters of that abuse; (2) enabling behavior by some faculty and administrators, in which individuals were not held accountable or disciplined for their misconduct; (3) a culture of favoritism towards male students fostered by some administrators and faculty members; (4) academic gatekeeping by some faculty members; (5) a disrespectful \u201ctone at the top\u201d by some members of the Board of Governors who have served during the past decade; (6) differences in campus cultures; (7) pain and guilt that some former students (as well as some former faculty) feel as a result of their experiences at and their sense that they did not do enough to protect later generations of students; and (8) lack of awareness of HUC\u2019s procedures for reporting misconduct and inadequate and/or ineffective record-keeping for complaints and investigations. C. Repeated Credible Allegations of Misconduct We received and/or reviewed repeated and credible allegations of sexual harassment by Dr. Steven Cohen, Dr. Michael Cook, Dr. Alfred Gottschalk, Dr. Stephen Passamaneck, Bonia Shur, and Rabbi Sheldon Zimmerman. D. Recommendations Based on the information we gathered in the course of our investigation, including responses from witnesses as to what they hoped would result from the investigation, we recommend ways for to: (1) engage in the process of teshuvah (repentance); (2) prevent the conduct outlined in this report from recurring; and (3) develop and implement policies and procedures for reporting, investigating, and remedying misconduct. Regarding teshuvah, we recommend engaging in a truth and reconciliation process. This would include making this investigative report public; establishing a public forum where individuals who wish to tell their stories can do so; and thanking all who came forward to share their experiences with us. We also recommend offering to conduct an optional reordination ceremony, or something similar, for those who were ordained by alleged sexual harassers and wish to be re-ordained. In addition, we recommend appropriate corrective action, including removing honors or memorials that recognize individuals who engaged in the types of misconduct described in this report. We recommend that the process of taking proactive steps to prevent the recurrence of this misconduct start with a cultural assessment, including surveying current students, faculty, and staff, and conducting focus groups and individual interviews. Additionally, we recommend ensuring that there are clear rules and directives prohibiting harassment, discrimination, bullying, and other disrespectful conduct and that those rules and directives are consistently enforced. In the same vein, we recommend that the school conduct comprehensive and in-depth training for students, faculty, staff, and Board members on creating a culture of respect, inclusion, and diversity. With respect to the latter, we recommend that make efforts to enhance the 6 diversity of its senior leadership and that the Board make efforts to enhance its diversity as well. We also recommend that appoint an ombuds person to whom individuals with concerns can go and consider providing access to trained mental health services at each campus. With respect to policies and procedures for reporting, investigating, and remedying misconduct, we recommend that review and revise its policies and procedures in accordance with what we have set forth in this report. Additionally should ensure that those policies and procedures are prominently featured and easily accessible on the school\u2019s website and that students, faculty, and staff are trained annually. We recommend that ensure transparency and consistency in how complaints and misconduct are handled and consider implementing a student discipline panel or escrow system. Finally, we recommend that evaluate relationships with partner synagogues and sister organizations and make adjustments as necessary and appropriate. For instance, we recommend that going forward terminate relationships with synagogues where students are treated inappropriately during their student pulpits. We also recommend that work with the Central Conference of American Rabbis (CCAR), the American Conference of Cantors (ACC), and the Union for Reform Judaism (URJ) to assess and modify if appropriate the placement process, and that explore whether and how it might revoke a degree and smicha (ordination) where allegations of misconduct have been substantiated Set forth below is a more detailed summary of our findings and observations regarding witness allegations of harassment, discrimination, and/or inequitable treatment at HUC. This section is broken into three parts: (1) the types of misconduct that former and current students and faculty and other witnesses described to us; (2) the overarching themes that we heard and observed throughout our interviews; and (3) repeated allegations of misconduct involving specific individuals associated with HUC. Given the breadth of our review, both in time and scope, it was not possible to definitively substantiate or not substantiate all of the misconduct allegations we received. We include here only those allegations that we determined met a threshold of credibility, noting where possible when there were multiple and/or consistent allegations about conduct, patterns of behavior, and/or themes. To the extent possible, we provide a level of detail and specificity that will permit a reader to obtain a clear picture of the concerns expressed to us in a variety of areas. In some cases, however, we have chosen to present a more generalized interpretation of information received from multiple sources. Our assessment of the allegations took into account the temporal and contextual framework of the information we received, as well as significant doctrinal and cultural changes in the Reform movement over the past decades. It is undeniable that, over the 50 year period we reviewed, societal norms and doctrinal positions evolved, and conduct occurring decades ago must be viewed in context. In so doing, however, we do not suggest that conduct that violated individual rights and caused harm to others should not be condemned because it was deemed to be acceptable by some at the time. 7 A. Allegations of Discrimination and Unfair Treatment 1. Allegations of Gender Discrimination Gender discrimination and sexism were a significant focus of our investigation. Close to half of the individuals we interviewed, both current and former students and current and former faculty, described various forms of gender discrimination they believe they experienced or witnessed during their time at HUC. Many discussed their perception that an \u201cold boys\u2019 club\u201d mentality existed, which led to a general feeling of sexism and discriminatory behavior at HUC. Gender issues at must be viewed in a unique historical context. The first female rabbinical student was not ordained at until 1972; the first woman cantorial student was not ordained until 1975; and the first woman faculty member was not granted tenure until 1995. Over those years and continuing to the present, there has been a doctrinal and cultural evolution of women\u2019s role within the clergy. These circumstances, coupled with a broader societal acceptance of behaviors that are not tolerated today, undoubtedly contributed to a highly challenging environment for female students and faculty in the 1970s and 1980s. They also have affected, albeit in more subtle ways, the experiences of women up to the present. Many within the first cohorts of women rabbinical students reported that they had experienced overt gender discrimination. For example: \uf0b7 In the early 1970s, the President of reportedly opined that women in the rabbinate was a passing fad. \uf0b7 Also in the 1970s, a Cincinnati professor allegedly commented that one of the issues with allowing women to be rabbis was that it conflicted with the idea of the \u201csacred prostitute female rabbi who was pregnant in the 1980s felt she had to \"hide\" her condition woman who was a student in the 1980s reported that she was told by a member of HUC\u2019s admissions committee during the application process that he would recuse himself from her rabbinical school interview because he felt that if she became a rabbi she would \u201cruin her husband\u2019s career\u201d as a rabbi. \uf0b7 Women\u2019s and men\u2019s ordination certificates contained different wording until 2016. Men\u2019s certificates bestowed the title morenu harav, or \u201cour leader, the rabbi.\u201d Women\u2019s certificates said only rav u\u2019morah, or \u201crabbi and teacher.\u201d3 3 Debra Nussbaum Cohen, \u201cWhy a Small Word Change is a Big Deal for Reform Women Rabbis,\u201d Jewish Telegraphic Agency, May 31, 2016. 8 Such incidents also were reported to have occurred more recently. For example woman who was a faculty member in the 1990s and early 2000s remarked that although women had been attending for decades, the only women\u2019s bathroom on the Cincinnati campus was in a basement and contained urinals woman who was ordained in the 2010s recalled that in her first class at HUC, the teacher commented that \u201ca sermon should be like a woman\u2019s skirt: long enough to cover the subject, but short enough to keep it interesting student in the late 2010s said she was put on probation and brought before the non-academic tenure committee because she allegedly was told she \u201cwas too high strung to be a rabbi,\u201d spoke too much, and tended to anxiously interrupt her professors current student reported that she was given a barely passing grade when she chose to write a paper on feminism and, on a separate occasion, was told her sources were problematic because she did not use traditional male scholars as sources. \uf0b7 In one high-profile case from the early 2000s, a former faculty member sued HUC, alleging that she was denied promotion, and thus tenure, due to her gender and that she faced a backlash for focusing her research on feminist issues. In connection with the lawsuit, an expert on gender discrimination in academia found that HUC\u2019s procedures for evaluating faculty for promotion and tenure were flawed and biased against female professors. \uf0b7 Another former faculty member alleged that she had faced criticism from male faculty members for engaging in feminist scholarship in the late 1990s and early 2000s former woman faculty member complained of gender discrimination in connection with selections for senior leadership positions in the 2010s. \uf0b7 In one instance, a woman promoted to a senior administrative position faced ongoing retaliatory behavior from a male colleague. The colleague publicly stated that he disapproved of the promotion, and made this known to senior colleagues and others former faculty member reported that the administration admitted to her that she was assigned to certain faculty committees during the course of her career, from the late 1990s to the late 2010s, because they needed a woman on the committees. \uf0b7 Another former faculty member said she was told by a male faculty member in the late 1990s or early 2000s that when a woman speaks at a conference, he judges her twice as harshly as he would a man. \uf0b7 One woman recounted a male faculty member asking her in the 1990s how she could give a presentation on a day that store sales were taking place, because he assumed she would rather be shopping. 9 Additionally, female students and faculty alleged more recent microaggressions. For instance: \uf0b7 Women reported situations in the 2000s and 2010s in which men interrupted or did not acknowledge what women said in meetings and/or repeated statements made by women without crediting those women. \uf0b7 Male professors allegedly referred to female professors by their first names instead of \u201cdoctor\u201d or \u201cprofessor\u201d in front of students in the 1990s and 2000s former professor reported that a male professor patted her on the head and told her she was a sweet girl in the 1990s. She also asserted that she was \u201cparaded around\u201d at events as the \u201ctoken woman faculty member current student reported that she had been told she was too argumentative and defensive and had been asked by professors why she had to have so much \u201cpresence,\u201d while men were told they were being leaders or \u201cusing their clergy voice.\u201d Both faculty and students consistently described situations in which male faculty and administrators commented on their or other female colleagues\u2019 appearances female student in the late 1980s stated that she was told to look as masculine as possible and to wear a dark jacket with a button-down shirt and skirt female student in the 2000s said that she was told by a professor in Israel that she needed to dress \u201ccuter,\u201d wear makeup, and dress in a more feminine manner (i.e., wear skirts and dresses). \uf0b7 Women in the 2010s reported being given a long list of style expectations for interviews, while their male classmates supposedly were not provided similar expectations. This report was corroborated by a faculty member who stated that there were many faculty discussions about female students\u2019 attire and no similar discussions about male students\u2019 attire. \uf0b7 One female student reported that an adjunct faculty member told her she should smile because she looked better when she did so. Many women discussed being subjected to comments about their weight: \uf0b7 Several said they had been told to lose weight because being heavy purportedly would negatively affect their job prospects, even though similar advice was not provided to overweight men. \uf0b7 One woman stated that she was advised to join Overeaters Anonymous or get gastric bypass weight loss surgery in the 2000s. \uf0b7 Another woman reported that a student who was thin and conventionally attractive was told by a female leader at in the mid-2000s that she needed to \u201cfatten up\u201d because she would not be taken seriously or offered a job. 10 2. Allegations of Sexual Harassment Numerous witnesses alleged being subjected to or witnessing varying degrees of sexual harassment, ranging from claims of inappropriate jokes, to unwelcome touching and groping, to unwelcome invitations for romantic or sexual encounters, to actual sexual behavior. While witnesses reported more egregious conduct by faculty members from 1970 to 2000, we also received credible reports about faculty members\u2019 more recent inappropriate conduct and failure to respect personal boundaries. In addition to conduct described in Section III.C, the following are specific allegations of misconduct student stated that in the late 1980s, a faculty member reached his hand up a student\u2019s skirt and stroked her legs. \uf0b7 Another student reported that a professor harassed a classmate by opening his door to her while completely naked, making sexual innuendos, and attempting to touch her. \uf0b7 Students in the 1970s and 1980s reported that one faculty member intentionally stood close to women and inappropriately touched them, particularly in the elevator, and attempted to kiss female students. \uf0b7 Other female students from the 1980s through the present reported incidents of faculty members forcibly kissing and/or groping students, offering to give a female student massages, staring at female students\u2019 chests, or looking down their blouses. One professor reportedly said to students that he had officiated at a wedding and could not keep his eyes off the bride\u2019s cleavage. \uf0b7 Other students said that, during meetings, certain professors flirted with them, asked them inappropriate questions regarding their personal lives, shared inappropriate information with them regarding their own personal lives, invited them to engage in activities alone with them (including, e.g., inviting a student to go to the professor\u2019s apartment alone), and/or verbally expressed disappointment when students did not reciprocate the flirtation or accept the invitation. \uf0b7 Some students, including more recent students, reported that certain professors engaged in more subtle conduct, such as trying to spend time alone with students and asking them overly personal questions that made them feel uncomfortable and as if they were being \u201cgroomed.\u201d As discussed below in Section III.B.1, numerous students said they believed they would face retaliation if they complained to faculty or the administration about this misconduct. They also felt they could not avoid interacting with the alleged harassers because of the constraints of curriculum and graduation requirements (certain classes were mandatory to graduate) and/or the need for placement assistance. Some students reported receiving negative evaluations, being subjected to verbal abuse, having rumors spread about them that damaged their reputations, or having their applications to HUC\u2019s graduate programs denied because they complained about being subject to harassing or inappropriate behavior. 11 Some students reported sexual harassment by fellow classmates and asserted that such conduct was not always handled appropriately by the administration. For example: \uf0b7 One student who graduated in the 2010s stated that when she reported that a classmate had made comments about her breasts and similar comments to other female classmates, the administration asked the complainant what they were supposed to do about it since it was just two weeks before graduation. \uf0b7 Another female student described how a male student made inappropriate comments to her about the size of his penis during that same time period. This same male student also allegedly threatened and stalked another female student and harassed a third. Although multiple students complained to administration about his behavior, he was nonetheless ordained. In addition, a number of students reported experiencing sexual harassment while at their student pulpits, either during their homestays or from the rabbis who were supervising them. For instance: \uf0b7 One student in the late-1990s stated that she was repeatedly harassed by a member of her student pulpit congregation and when she reported it to her fieldwork coordinator, she was told essentially to \u201csuck it up\u201d and avoid being alone with the congregant former cantorial student stated that she was placed in a pulpit in the 2010s with a rabbi who was known by others in the Reform movement to harass women, and that the family she was staying with, as well as former students, repeatedly warned the cantorial student not to be alone with the rabbi. (According to the student, one of the former students already had reported the rabbi\u2019s behavior to HUC.) The student stated that the rabbi commented on the student\u2019s appearance and called her on the phone while he was intoxicated, making the student feel extremely uncomfortable. When the student reported this to her internship coordinator, the coordinator reported it to the Dean, and the student was pulled from the pulpit. The synagogue investigated the rabbi\u2019s behavior, finding that he had engaged in much more egregious conduct with other individuals. \uf0b7 Another student, from the early 2010s, who was staying with a male congregant in connection with her student pulpit assignment, reportedly woke in the middle of the night to find the congregant standing over her bed, claiming he was \u201cjust checking on her.\u201d When the student reported the incident to HUC, she was permitted to not stay with congregants and was told that would not place other students in congregants\u2019 homes, but she told us she later learned that continued to do so. We note as well that especially during the 1980s and 1990s, faculty members dated (and sometimes married) their students. Some witnesses reported that they perceived such behavior by faculty as leading to a permissive culture, which ignored the potential negative impact of such a power differential on the student being dated and/or other students. 12 3. Allegations of LGBTQ+ Discrimination Approximately 30 witnesses discussed discrimination against LGBTQ+ students and faculty members. Overall, former LGBTQ+ students described HUC\u2019s culture as one of silence, isolation, and exclusion, with a persistent lack of support and understanding. While the challenges facing LGBTQ+ students have evolved over time and generally have improved, some issues still remain. In the 1970s to 1990s, students consistently and credibly reported that they felt they had to hide that they were gay and lived in fear that they would be found out, due to the perception that there was no tolerance of LGBTQ+ rabbis in the Reform movement. Specifically, students and prospective students feared they might not be admitted to in the first instance or might be expelled from if the school found out they were gay. For example: \uf0b7 One professor, in an attempt to put an applicant at ease, allegedly explained that the interview was designed simply to weed out gay applicants. That applicant was (at the time) a closeted lesbian. \uf0b7 Reportedly, another professor said openly in class that gay students should not be welcomed at HUC. \uf0b7 Before formally adopted a policy to admit LGBTQ+ students, an individual who participated in the decision to admit HUC\u2019s first openly gay student said that he was emotionally \u201cbrutalized\u201d by faculty members and accused of violating the ethics of the college. Although there were no written policies regarding LGBTQ+ status, there were reports that individuals in power at openly spoke out against LGBTQ+ students. According to several individuals who were students during that period, certain professors and leaders (including the President who served from the early 1970s to the mid-1990s) announced they would refuse to sign gay students\u2019 ordination certificates or would never knowingly ordain gay students. Students also described a psychological evaluation that was conducted in connection with students\u2019 applications, which allegedly was designed to identify gay and lesbian applicants for exclusion. Thus, even in the absence of any written policy that stated that LGBTQ+ students were not allowed to attend HUC, students felt that it was made very clear that gay students were not welcome and that they could face repercussions if they were to reveal their sexual orientation and/or gender identity. In 1990 declared for the first time that it would not discriminate against gay and lesbian applicants. Thereafter, as the institution\u2019s policies shifted slowly, and openly LGBTQ+ students began attending HUC, LGBTQ+ students reported that they nevertheless felt that they faced inappropriate and prejudiced comments and, at times, overt discrimination. For example: \uf0b7 In the early 2000s, a faculty member allegedly asked an administrator to ask a transgender prospective student in a pre-admissions interview \u201cwhat he had in his pants,\u201d but the administrator did not ask the question. 13 witness told us that in the mid-2000s, the witness overheard one faculty member tell another that he was surprised that \u201cthe one who used to be a woman\u201d (referring to a transgender student) got an answer right. \uf0b7 An alumnus who identifies as gay told us that in the late 1990s, a professor asked him during class \u201cif anal sex hurt.\u201d \uf0b7 Another participant reported that during a mandatory Human Relations class in the late 1990s, the same professor said that homosexuality is a \u201chuman defect.\u201d \uf0b7 One person, who identifies as queer transgender and had that identity when they started rabbinical school, though they tended to dress in men\u2019s clothing, said that in the late 1990s, a professor questioned if they were \u201cpsychologically healthy\u201d enough to continue studying. The professor also reportedly told this witness that they were a lesbian only because they \u201chad not met the right man\u201d and \u201cneeded to experience intercourse with a good man,\u201d and that the student was obsessed with having a penis because the student wanted one. In addition, the professor supposedly said no one would ever hire the student if they did not adhere to social norms. \uf0b7 Some students and a faculty member also noted that they were publicly \u201couted\u201d by others, including professors, without their permission student reported that in the mid to late 1990s, when a former Dean made grotesque homophobic remarks in a professional development class on pastoral care for people with AIDS, the President of joked that was the price for gay people\u2019s admission to the HUC. Even after began officially to accept LGBTQ+ students, some professors reportedly continued to declare that they would not sign the students\u2019 smichot (ordination certificates), with no ramifications from for their statements. Witnesses reported that one professor in particular asked students who were gay to identify themselves to him so that he would know not to sign their ordination papers. Witnesses told us they found this professor\u2019s use of a theological framework to justify and validate his actions particularly hurtful.4 Witnesses perceived that these negative views about the ordination of LGBTQ+ students were widely known amongst faculty and administration, and they interpreted the administration\u2019s inaction as tacit approval that discrimination against gay people was permissible at HUC. Additionally, some students, faculty, and administrators noted that was slow to adopt non- binary bathrooms and that there are currently an insufficient number of such bathrooms on HUC\u2019s campuses current student said they continue to face criticism for and resistance to their dress, appearance, and name and pronoun preferences. Students and administrators report that some faculty 4 In 2014, the professor ultimately \u201cconfessed,\u201d as he put it, that he had been wrong when he adopted his stance on rabbinical ordination for gays and lesbians. The professor invited a former student \u2013 a gay rabbi whose smicha he had refused to sign at the time of the rabbi\u2019s ordination \u2013 and publicly signed the smicha before students and family members. 14 members and administrators sometimes use the incorrect pronouns or a student\u2019s \u201cdead\u201d name, or do not participate in training on these issues. Additionally, recent students and administrators assert that certain administrators involved with the name change process in the Student Information System have made it unnecessarily difficult for students to change their names or pronouns, including on their ordination certificates, despite there being no policy in place that states that students must use their legal name or gender assigned at birth. One administrator involved with the name change form allegedly likened a student\u2019s repeated requests to change their preferred name to asking to be referred to as \u201cBozo the Clown.\u201d Finally, students told us that in Jerusalem, especially, there is resistance to addressing, and a tendency to dismiss, gender identity issues. 4. Allegations of Bullying and Disrespect Numerous witnesses described various forms of bullying by faculty members and high-level administrators. These reports spanned the decades covered by this investigation. While these behaviors were not based on a protected class (like gender or LGBTQ+ status or race), they reportedly negatively affected students and faculty and allegedly continue to happen. For example, some individuals recounted instances in which faculty members, including student mentors, revealed personal information about students publicly and used it against them, sometimes causing students to cry. Others described faculty members throwing or ripping up student papers and mocking or screaming at students, again bringing students to tears. Witnesses reported that leadership was aware that certain professors screamed at or purposefully embarrassed students in public but did not effectively curb such behaviors or hold professors accountable. 5. Allegations Regarding Lack of Accommodations Some witnesses who were students in the mid-1990s through the present reported difficulties with obtaining accommodations for disabilities and pregnancy. Students with disabilities told us they had not known whom to approach with requests for accommodations, had to fight to obtain needed accommodations, and/or encountered overt discrimination. Instances of discrimination included allegedly asking someone with a learning disability whether she was \u201csmart enough to do rabbinical school,\u201d allegedly telling a student that the school did not want to admit her due to her disability and mobility issues, and allegedly telling a student with anxiety that can\u2019t accommodate the different needs of 51 students,\u201d referring to the number of students in the rabbinical class. Several students reported that they were not provided adequate accommodations and/or were discriminated against for being pregnant or new parents. Such treatment reportedly included not supporting a woman who suffered from post-partum depression, not providing dedicated spaces to pump breast milk, not providing changing stations in the men\u2019s restrooms, and not providing accommodations to pregnant women during the job placement process. 6. Allegations of Racial Discrimination Some student and administration witnesses recounted incidences of racial discrimination or microaggressions, including a professor\u2019s use of the term \u201ctar baby,\u201d a professor getting dressed 15 in blackface during Purim, faculty and students mistaking students of color for support staff, and comments about students\u2019 countries of origin and parents\u2019 jobs. Notably, we reached out to some people who allegedly experienced racial discrimination. They declined to be interviewed. B. Observations Regarding Culture and Student Experiences During the course of our investigation, we heard certain themes repeatedly, which we summarize below. 1. Abuse of Power and Fear of Retaliation An overarching theme in many of the forms of misconduct reported is abuse of power by some administrators and faculty members students reported that the power of the administrators and individual faculty members over students\u2019 professional futures manifested itself in myriad damaging ways, including perpetuating a culture of no consequences for bad behavior, chilling internal communication of complaints for fear of perceived or actual retaliation, fostering sycophancy, and considering subjective rather than objective factors in recommendations, honors, opportunities, and ultimately placements in the community. This behavior spanned the decades covered by this investigation. Due to HUC\u2019s unique institutional role students reported that some leaders and faculty members have traditionally held and continue to hold a higher degree of power than those at other educational institutions is the sole seminary in the United States affiliated with the Reform Movement. As a result, faculty members\u2019 recommendations are critical for students\u2019 job placements faculty members and administrators have the power through their recommendations and contacts to provide enormous advantages and commensurate disadvantages to graduating students in terms of future assignments and career paths. It is not an exaggeration to say that one bad word from an esteemed faculty member could mean the difference between getting a first-choice assignment or getting a far less desirable one, with concomitant long-term career and financial implications. As one student reported, students who complained were labeled \u201cdifficult\u201d and there was an unspoken understanding that if you did raise a complaint, you were risking your ability to get a job upon ordination. Moreover, many of the faculty members were or are leading intellectuals in their fields and were or remain revered for their scholarship, with far less importance placed on their interpersonal skills and general interactions with students or colleagues. Consistent with that power dynamic, many of the individuals who were reported to have engaged in misconduct also were described as being venerated on campus and in the broader community and deemed untouchable. This power dynamic also enabled a culture of silent acquiescence due to fear of reprisal or retaliation \u2013 overt or subtle. Students from the 1980s to the present consistently expressed fear of being retaliated against if they were to complain about misconduct. Indeed, participants reported that they were expressly warned by faculty members that raising objections would harm their job prospects and standing in the Reform movement. In the words of one student, \u201cIf you pissed someone off, you ruined your career.\u201d 16 We learned from our interviews that some students who spoke out during their time at did, in fact, face negative repercussions for doing so. Recounting their experiences from the 1970s through the present, former students credibly reported being yelled at by Board members, faculty members, and/or administrative staff, being talked out of escalating complaints further, being threatened with losing job prospects if they pursued grievances, and having faculty members spread information about them that damaged their reputations in the broader Reform community. Additionally, witnesses cited specific examples of faculty members and administrators performing gatekeeping functions by \u201cblacklisting\u201d certain students and otherwise preventing them from being ordained or obtaining certain jobs. Some also perceived as holding job prospects over the heads of students to get them to tolerate misconduct. Students also noted that faculty\u2019s power of placement, often stemming from personal relationships with or other influence over senior rabbis in the congregations to which students applied for positions after graduation, tended to perpetuate undue favoritism \u2013 which they perceived as being to the general detriment of women, LGBTQ+ members and people of color. As explained in Section III.B.3. below, students continue to maintain a broad perception that personal connections and subjective criteria rather than objective performance-related criteria ultimately determined job placements. 2. Enabling and Protecting Those who Committed Misconduct Based on the numerous interviews we conducted, we found that the misconduct reported to have occurred on HUC\u2019s campuses was exacerbated by a culture that tolerated the behavior and enabled it. Many students, and some faculty members, from the 1970s through to the present, said that the complaints they raised were not addressed or that HUC\u2019s response was delayed or insufficient. It is not possible to identify all the individuals who enabled the misconduct described in this report or to determine exactly who knew what when, or who could have taken more aggressive actions to address the misconduct. Many who were in power are now deceased no longer has contact information for others. Some individuals to whom we reached out declined to speak with us. Moreover, given the pervasiveness of the conduct described in this report \u2013 over fifty years and across four campuses \u2013 we had difficulty determining whose behaviors were sufficiently \u201cenabling\u201d as compared to others to be identified in this report. With that in mind, we named only those individuals that enabled the most egregious examples of misconduct. (See Section III.C. below.) Other examples of enabling behavior include the following: \uf0b7 Numerous students told us about a professor and former Dean of the campus who allegedly was well known for making homophobic and misogynistic remarks student told us that he and his classmates walked out of the professor\u2019s class in the early to mid- 1990s to protest the comments, and another told us there were lines of students outside administrators\u2019 offices, waiting to complain about the professor\u2019s behavior after class. The first witness told us that the then-Dean allegedly said that while the school was aware the professor was a misogynist, the professor was needed because of his fundraising skills. 17 \uf0b7 One former administrator described a former professor who was \u201ccruel\u201d and \u201creally mean\u201d and often made female students cry. When we asked the administrator why she did not do anything to address the situation, she acknowledged that she should have done more. \uf0b7 Even after formally adopting a policy to admit gay and lesbian students to the rabbinical school, the administration allowed a professor to continue his practice of not signing the smichot of gay and lesbian students. One former administrator told us that in retrospect, he wonders why he did not confront the professor about the practice directly. In our interviews, former students described how their complaints were ignored or minimized with excuses such as: \u201cyou\u2019re being too sensitive,\u201d \u201cthat\u2019s just how he is,\u201d or \u201cyou must have misheard him.\u201d Some students said that the people to whom they reported concerns often implied that those concerns were symptoms of the students\u2019 own trauma and experiences or otherwise \u201cgaslighted\u201d them. Other students explained that, when they did report misconduct, they were told either not to make a formal complaint or pursue the issue further because doing so could hurt their careers, or that they needed to collect more information to support their allegations. There also were some reports that administrators indicated to students they had received no prior information or complaints about certain faculty members when, in fact, the records we reviewed make clear this was not accurate. We asked former administrators why they did not do more in response to complaints of misconduct. They replied in myriad ways: they \u201cdid not know,\u201d \u201cit was a different time,\u201d \u201cin hindsight [they] should have acted differently,\u201d there was a sense that trying to take action \u201cwouldn\u2019t make any difference and that these guys would do what they would do no matter what,\u201d they were more focused on raising money and left the handling of such issues to others, they simply adopted whatever decisions the investigation committee recommended, or they felt they \u201ccouldn\u2019t expose \u2018HUC\u2019s secret.\u2019\u201d We did not uncover any evidence to suggest these administrators acted out of malice. Some were, and are, beloved members of the community. In the moment, based on what we heard from some of them during our interviews, we surmise they believed they were doing the best they could given what they perceived as constraints on their response to allegations of misconduct, including tenure, relying on the judgment and recommendations of others, believing that they were protecting their students\u2019 best interests, and social norms. Nevertheless, more effective communication and action could and should have been taken. 3. Culture of Favoritism Towards Men As noted, numerous witnesses, particularly those who were students in the 2000s and 2010s, expressed concerns that fostered a culture of favoritism, in which some faculty members and administrators provided certain students with special opportunities and support to the exclusion of female and gay male students. Numerous participants credibly reported that one faculty member maintained what other students openly called his \u201cboys club\u201d on the Cincinnati campus during that time frame. We received multiple and consistent reports that the rabbi \u2013 who because of his expansive network of connections had significant influence on internship and job placement \u2013 each year selected a group of male students whom he favored in a number of ways. The favorable treatment included, 18 allegedly, taking them out to lunch or dinner, giving them chances to meet Board members and guest speakers, providing career advice, and using his influence to provide professional opportunities, despite the fact that his \u201cboys\u201d were not better qualified than similarly situated women. Multiple students, including several who believed they themselves had been favored, reported that these relationships allowed the favored students unequal access to opportunities, thus putting women at a disadvantage. Other women (and some gay men) commented that straight men received favored treatment and that an old boys\u2019 club mentality permeated all four campuses. As one former student explained, there was a tacit understanding that \u201csuccess\u201d looked like a married 29 year-old straight male rabbi who was handsome, bearded, and married to a wife who was pregnant or holding a toddler \u2013 or both. 4. Academic Gatekeeping That Impacted Women As the only educational institution of the Reform movement inherently serves a gatekeeping function in that students\u2019 reputations and careers depend \u2013 at least in part \u2013 on their success at HUC. In the course of our investigation, a number of women alumni and faculty voiced related complaints about faculty members acting as gatekeepers and the negative impact of that behavior. For example: \uf0b7 Several students reported that a faculty member expressly threatened to give certain students low grades or not allow them to be ordained if they complained about him or other faculty members. \uf0b7 Several women faculty members from various periods reported that they had been criticized for researching or specializing in feminist issues. One woman reported that she was not ordained as a rabbi sooner because she came from a feminist background and was explicit about her views current lecturer believes she has been unable to obtain a tenure-track job in academia because she was the first person to complain about a certain faculty member. 5. Tone at the Top \u2013 Board of Governors Several witnesses discussed what they perceived to be a disrespectful culture at the Board of Governors during the past decade. Individuals reported that Board members are \u201cabusive\u201d to one another and to others. For example, one student reported that in 2016, she was encouraged by a staff member to draft a letter regarding potentially discriminatory treatment of students by faculty members (e.g., microaggressions and inappropriate touching) and to present that letter verbally to the Board. The student claims to have been subjected to backlash from the Board and two leaders in response to her presentation, even though she had worked with a Dean to prepare the presentation person who recently left the Board explained that some men on the Board reacted by expressing shock and disbelief at the student\u2019s depiction of microaggressions and misogynistic behavior \u2013 19 despite the fact that multiple female administrators in the room said they had experienced similar behavior. According to the former Board member, some of the men on the Board focused unduly on liability issues rather than the student\u2019s message and verbally attacked the student after her presentation.5 The witness remarked that issues with the faculty \u201cgo all the way to the top.\u201d The witness further noted that, without additional training, sensitivity, and thoughtfulness regarding who will join the Board, the culture of the Board (and, by extension, HUC) will not change. Finally, we heard reports that one prominent former Board member sexually harassed faculty and staff in the 2010s, including inappropriately touching them, telling off-color jokes, and making offensive comments about appearance and dress, and disparaging remarks about women. For example, one administrator told us that at a dinner in 2018, the former Board member told a crude joke that denigrated women. Another witness relayed a series of uncomfortable physical interactions, and another said the former Board member made disparaging comments about a hypothetical unemployed person who would \u201csit around drinking and watching pornography.\u201d The witness who attended the dinner also reported that this former Board member claimed to quote the Board Chair at the time as saying that she \u201cdidn\u2019t think the next president [of HUC] could be a woman.\u201d The former Board member then allegedly said, \u201cThe optics of having a female president would make it difficult politically for the president to be effectual in Israel.\u201d 6. Differences in Campus Cultures While most of the themes discussed in this report occurred across all four campuses, many participants noted differences among the four campuses. \uf0b7 Cincinnati. While Cincinnati is lauded as the center of scholarship and academia, many described it as having an engrained culture of favoritism and politics and as being the center of the \u201cold boys\u2019 club\u201d mentality at HUC. Former students and faculty noted that historically, there were very few openly gay students who elected to go to the Cincinnati campus and that there are fewer female faculty members there than on other campuses due to a reported history of gender discrimination. \uf0b7 New York. The New York campus is viewed as having a strong leadership presence and a large Jewish community with lots of opportunities in the area. Due to the fact that the campus it is a commuter campus, the broader New York community informs the culture more than the actual campus does. Students reported that there was and is a culture on the campus of everyone competing to see who could work the hardest and be the busiest. Students also reported that the old boys club mentality existed among the older faculty, but not the younger faculty. \uf0b7 Los Angeles. Overall, most interviewees spoke highly of the Los Angeles campus. Many see the community as vibrant and more supportive than the other campuses and the faculty members are viewed as being more invested in the students\u2019 happiness and success. However, some of the more egregious behavior described in this report occurred on the Los Angeles campus, which is inconsistent with the positive culture that many others described. 5 Records reflect, however, that the Board discussed the student\u2019s remarks and the administration\u2019s response in a subsequent Board meeting. 20 \uf0b7 Jerusalem. In Jerusalem, there were heightened reports of discrimination, particularly with respect to LGBTQ+ individuals, failure to accommodate disabilities, and racism. The culture of bullying is viewed as of particular concern in Jerusalem. 7. Pain and Guilt The pain that many witnesses have harbored based on their experience at \u2013 some for decades \u2013 was palpable. Many witnesses broke down in tears, while others commented on the years they have spent in therapy. One witness, who has had numerous conversations with victims of misconduct over the past six months, told us that he has been struck by the hurt that so many individuals have held onto over the years, which \u201chas been beyond what [he] thought was imaginable.\u201d Many former students and some faculty also expressed hurt and frustration over seeing laudatory obituaries and publications praising individuals whom they knew to have engaged in repeated misconduct. Moreover, some former students who experienced or witnessed discrimination or harassment during their time at acknowledged that they felt guilty that they did not do more to protect future generations of students from the experiences they had endured. Many viewed this investigation as their opportunity to speak out about the mistreatment they had experienced or witnessed and to push for changes and reparations that they believed to be long overdue. In the words of one former student, \u201cIt is the humiliation of the women students that couldn\u2019t prevent that really still haunts me.\u201d Another former student, from the earliest cohort of women at HUC, remarked that at the time she was still a student, \u201cit did not occur to me to complain because it was not obvious to me that what happened was wrong.\u201d Even years later, when she said to her friends in leadership positions at at the time that she regretted not reporting the harassment, they responded that it would not have mattered because they would not have understood her concerns. 8. Reporting and Record-Keeping Concerns Many witnesses, including faculty members, said they were not aware of HUC\u2019s policies or procedures for reporting misconduct and that the procedures have changed over time. Our investigation showed that complaints were not consistently dealt with effectively and, due to students\u2019 fear of retaliation, misconduct likely has been underreported. Additionally, we uncovered issues with record-keeping with respect to complaints and investigations, which may be due in part to significant turnover in the Human Resources and Title offices. The record-keeping problems we observed include the following: \uf0b7 Records were not and often still are not centrally located or easily retrievable. \uf0b7 Records are not kept in an orderly and/or searchable form. \uf0b7 Confidential files of importance are maintained by individual deans in separate buildings and access to those documents is severely limited. 21 C. Repeated Credible Allegations of Misconduct In this section, we discuss certain individuals whose alleged misconduct we determined to warrant individual examination, either due to the seriousness of the alleged behavior, the number of witnesses who complained about the individual, or both. Several of the specific incidents described below demonstrate how HUC\u2019s harassment prevention and response procedures worked (or did not work) in practice, and they further illustrate some of the previously-discussed themes that arose during our investigation. Where we had documentation or corroboration of HUC\u2019s response, we also named the administrators and faculty who responded to the misconduct. 1. Dr. Steven Cohen Dr. Steven Cohen was a Research Professor of Social Policy at HUC\u2019s New York campus from 2005 to 2018. Dr. Cohen resigned from his tenured faculty position at in 2018 \u2013 during the height of the #MeToo Movement \u2013 after seven women came forward with allegations of sexual assault and harassment against him. Only one witness talked about her interactions with Dr. Cohen during our investigation. However, we were able to review documents from HUC\u2019s internal investigation as well as multiple articles published in 2018. The women accusers (only one of whom was an student) alleged that Dr. Cohen had engaged in a pattern of sexual harassment throughout his career, including forceful kissing, physical contact with intimate body parts, unwelcome sexual propositions and advances, and inappropriate sexual remarks. In a public statement, Dr. Cohen did not deny the allegations and apologized for his conduct.6 HUC\u2019s Contemporaneous Response conducted an investigation as soon as it learned of the allegations. Dr. David Ellenson was the President of at the time. The investigation concluded that Dr. Cohen violated several policies by engaging in nonconsensual, sex-based physical contact with the accusers. Findings related to the conduct of a tenured faculty member such as these normally would have warranted referral to the academic administration for consideration of appropriate discipline or other corrective action. However, Dr. Cohen resigned from his employment by the time the investigation ended, and therefore no disciplinary actions were taken. The witness who spoke with us about Dr. Cohen expressed her belief and concern that had not completed its investigation into the allegations against Dr. Cohen. We confirmed that had, in fact, completed its investigation. The perception to the contrary may reflect a breakdown in communications between and the involved individuals at the conclusion of the investigation. This witness also expressed concern that, even after Dr. Cohen\u2019s misconduct became public distributed to its alumni an anthology that contained an article by Dr. Cohen. (The anthology was edited by two former administrators \u2013 Dr. David Ellenson and Dr. Michael Marmur. It was not, however, published by HUC.) 6 Hannah Dreyfus, \u201cHarassment Allegations Mount Against Leading Jewish Sociologist,\u201d The New York Jewish Week, July 19, 2018. 22 2. Dr. Michael Cook Dr. Michael Cook, now deceased, was a Professor of Philosophy at HUC\u2019s Cincinnati campus. He was ordained in 1970, appointed full professor in 1981, and retired in 2019. At least ten witnesses shared with us concerns about Dr. Cook\u2019s misconduct, including alleged participation in long-term romantic or sexual relationships with students, as well as alleged harassment, hostility, and lack of support towards women on campus. Witnesses shared several examples of Dr. Cook dating female students during his tenure at HUC. For instance, one woman reported that she had a sexual relationship with Dr. Cook while she was a student at in the late 1970s and early 1980s. She explained that Dr. Cook invited her to his office to discuss a test she had failed, and the relationship turned into one in which they repeatedly had sex in his office over the course of the next three and a half years. This witness remembered being uncomfortable about the idea of having sex in Dr. Cook\u2019s office and also about the fact that he was married. However, she told us she did not feel she was coerced into having sex with Dr. Cook, although she recognized the significant power imbalance between them. The witness told us her relationship with Dr. Cook ended when he began dating another student, whom Dr. Cook later married. Another witness reported being subjected to unwanted sexual advances from Dr. Cook. She told us that Dr. Cook harassed her throughout her fellowship at in the mid-1980s. She said he frequently made comments about her appearance, once asking her to \u201ctwirl around\u201d in order to show everyone in the room her outfit. She relayed one incident in which Dr. Cook pressured her to join him for dinner and drinks and allegedly told her won\u2019t take no for an answer.\u201d In another incident, she reported that Dr. Cook allegedly \u201ctrapped\u201d her in his office and told her they had chemistry that they ought to be acting on, and he got angry when she rebuffed him. Dr. Cook allegedly told her was creating a job with her in mind and that he would be the chair of the search committee. The witness interpreted this as Dr. Cook threatening her career. Witnesses also told us that Dr. Cook said \u201cinappropriate\u201d things to them, and we reviewed an administrator\u2019s summaries of their complaints that confirmed what they told us. For example, one former student reported that, while Dr. Cook was her thesis advisor in 2000, he became very interested in her personal life \u2013 for example, whom she was dating, how she looked, and how she \u201ccomported\u201d herself. Another former student reported that Dr. Cook made comments that fell outside the parameters of the usual teacher-student relationship in the early 2000s, including comments about her appearance and her personal life. Another alumna complained that Dr. Cook paid too much attention to her during the mid-to late 1990s, commented inappropriately on her appearance and dress, and made her feel uncomfortable. She also said that, at ordination, Dr. Cook hugged and kissed her without her consent, whispered \u201cwelcome home,\u201d and gave her a Hershey\u2019s kiss in a box, with a \u201ccryptic\u201d note. Two of the students said Dr. Cook made them so uncomfortable they ended up switching advisors. One of the students said that, when she eventually informed Dr. Cook that she was doing so, the two of them got into a \u201cscreaming match\u201d in the middle of the hallway. This student said she eventually left the PhD program. On the other hand, another alumna had warm and positive things to say about Dr. Cook, describing him as a mentor and saying that he never made her feel uncomfortable. She told us that it was her impression that Dr. Cook was being paternal and trying to help people, but she 23 said she understood how some things he said could have been construed as offensive. From her perspective, \u201che may have stepped in places where he thought he was helping people out, but he wasn\u2019t.\u201d Three witnesses said that Dr. Cook was not accommodating to pregnant women or mothers at HUC. For example, Dr. Cook allegedly instructed one pregnant student who could no longer fit at her desk to sit on the floor of the classroom instead of offering other seating, and he allegedly told her that \u201cthis was [her] problem\u201d to deal with. Another student reported that Dr. Cook suggested that she could not focus on her doctoral education because she had children. Along the same lines, another witness reported that Dr. Cook told her she would never be a good rabbi because she had children. We also heard that Dr. Cook frequently made misogynistic jokes and comments. In addition, Dr. Cook was consistently described as possessive and controlling, and as someone who did not like to be challenged. Witnesses reported feeling that Dr. Cook retaliated against them for disagreeing with him. One of the former students described above reported to us that Dr. Cook confronted her \u201clike a jealous boyfriend\u201d when she did not take courses with him one year. Another witness reported that Dr. Cook refused to sign their ordination papers, which they viewed as a retaliatory response to challenging or rejecting Dr. Cook\u2019s advances. Finally, Dr. Cook was named in a gender discrimination lawsuit filed by a woman faculty member who was denied promotion and thus not considered for tenure. In connection with the lawsuit, an expert on gender discrimination in academia found that HUC\u2019s procedures for evaluating faculty for promotion and tenure were flawed and biased against female professors. HUC\u2019s Contemporaneous Response: Our interviews did not reveal any instances of students reporting their sexual relationships with Dr. Cook to the College. The witness who reported receiving unwanted sexual advances from Dr. Cook told us that she complained to the then-Director of the School of Graduate Studies. According to the witness, the Director told her that he wished he could do something, but his hands were tied and there was nothing he could do. The three women who alleged that Dr. Cook said inappropriate things to them raised their concerns with Cincinnati Dean Kenneth Erhlich. According to Dean Ehrlich\u2019s deposition testimony in unrelated litigation, two of the students told Dean Ehrlich that Dr. Cook made them \u201cuncomfortable,\u201d and that they felt Dr. Cook\u2019s comments fell outside faculty/student boundaries. Per the deposition transcript, the third student told Dean Ehrlich that Dr. Cook made statements that might make some students uncomfortable, and that she thought Dean Ehrlich should know. According to the transcript, each woman, declined to file a formal complaint under the school\u2019s sexual harassment policy, although one student asked that the Dean talk to Dr. Cook, which Dean Ehrlich did. Dean Ehrlich testified that he did not discuss the other two students\u2019 complaints with Dr. Cook nor take any other action with respect to the complaints. In 2017, one of the former students posted on the Facebook page about her experience and that of one of the other students. Then-President Aaron Panken and then-Provost Michael 24 Marmur reached out to the women, which the women told us they appreciated. The women drafted a letter to Dr. Cook, and Dr. Panken reportedly read the letter out loud to Dr. Cook. In the case of the professor who was denied a promotion (and therefore tenure), and as mentioned above, an expert found HUC\u2019s procedures for evaluating faculty for promotion and tenure flawed and biased against female professors subsequently revised its procedures to include an appeals process if there was evidence that bias played a role in a reappointment, promotion, or tenure decision. 3. Dr. Alfred Gottschalk Dr. Alfred Gottschalk, now deceased, was Dean of HUC\u2019s Los Angeles campus from 1959-1971, President of from 1971-1996, and Chancellor from 1996-2000. Seven witnesses reported allegations involving Dr. Gottschalk\u2019s inappropriate sexual conduct towards them very consistent pattern of alleged misconduct emerged from our witness interviews: Dr. Gottschalk allegedly invited women to his apartment or hotel room, usually under the guise of some academic purpose, only to proposition the student and touch or kiss them. For example, one witness told us that while she was studying in Jerusalem in the mid-1970s, Dr. Gottschalk \u201csummoned\u201d her to his apartment. She stated that he offered her a drink and subsequently took her hand and placed it on his penis. He allegedly told the student, \u201cLook what you do to me,\u201d referring to his erection. The student left Dr. Gottschalk\u2019s apartment immediately. Dr. Gottschalk allegedly continued to contact the student after the incident, repeatedly requesting that she return to his apartment, and on one occasion asked her to spend the weekend with him. The student said that she ignored Dr. Gottschalk\u2019s messages. The student shared that she was sorry that she never reported this incident because she believes it could have stopped this from happening to other women. She explained that she did not come forward at the time because she feared retribution. Another witness, who was a staff member living on the Jerusalem campus in the late 1980s, described an evening gathering in Dr. Gottschalk\u2019s apartment. She said that, as people started to leave, Dr. Gottschalk told her that he wanted to show her photos. He then allegedly pushed her up against the wall and tried to kiss her. She said that she pushed him away and told him that she had to go, but he grabbed her by the arm and pinned her again against the wall and tried to put his tongue down her throat. She said she escaped and ran downstairs to her apartment. The next day, she stated that he called repeatedly, sent flowers, and asked her when she was coming back to see him. In the early 1990s, another student, who was a recent college graduate at the time, told us that Dr. Gottschalk approached her at the Library in Jerusalem and asked her out on what she said was clearly a date. She said she was horrified and said \u201cno\u201d as politely as she could. He reportedly approached her a second time that day and again she said \u201cno.\u201d She remembers feeling like she needed to escape and did everything she could to avoid him the rest of his time in Jerusalem. This student told \u201cone trusted faculty member.\u201d Another alumna told us that, during her first year in Jerusalem, Dr. Gottschalk would invite the student to his apartment, tell her how lonely he was without his wife, and put his hands on her knees or across her shoulder, which made her very uncomfortable. She reported that Dr. Gottschalk invited her to his flat four or five times that year, and she felt that she could not say 25 no. On one of those occasions, Dr. Gottschalk allegedly came up to her and wrapped his arms around her and asked, \u201cDon\u2019t you want to stay? You can help me feel better and make me less lonely.\u201d She told us that, in the United States, while she was still a student, she ran into Dr. Gottschalk at and conferences. Dr. Gottschalk would allegedly call her hotel room to ask if she wanted to come to his room or meet him in the bar. Years later, the alumna reportedly heard from one former faculty member and the wife of another faculty member that all the faculty knew about Dr. Gottschalk\u2019s behavior female witness told us that, when Dr. Gottschalk presented her with her doctorate certificate at graduation, he \u201cplanted a big, lingering kiss on [her] mouth.\u201d She said no one spoke to her about it and she never mentioned it to anyone. She said, \u201cIt was like everyone went blind.\u201d She reported that she often passes a bust of Dr. Gottschalk and has fantasized about spitting on it. Despite the seemingly prevalent allegations of Dr. Gottschalk\u2019s misconduct, we did not find any documents evidencing that Dr. Gottschalk\u2019s conduct was ever reported to anyone in the administration or the Board. (As one witness pointed out, it was hard to know to whom to complain when the President of the school was the wrongdoer.) Some witnesses told us that women considered filing a joint complaint, but they said they were scared to do so given the possible impact on their careers. HUC\u2019s Contemporaneous Response number of witnesses told us that Dr. Gottschalk had a well-known reputation as a womanizer, that they were advised to stay away from him, and that leadership knew about his behavior but chose \u201cto turn a blind eye witness recalled a professor on the Jerusalem campus saying something to the effect of, \u201cEveryone knows Dr. Gottschalk brings girls to the apartment all the time.\u201d Many female witnesses expressed discomfort with the fact that Dr. Gottschalk had ordained them given his reputation as a \u201cknown harasser.\u201d7 As noted above, a number of different faculty members allegedly were aware of Dr. Gottschalk\u2019s behavior. We were told that one faculty member conducted a private ordination for a female rabbinical student who had been harassed by Dr. Gottschalk and did not want to be ordained by him. Nevertheless, there were no mentions of Dr. Gottschalk\u2019s behavior in his personnel file, and we did not locate any investigative or disciplinary files about his conduct. Similarly, while a number of administrators told us they had heard rumors of Dr. Gottschalk\u2019s behavior, only one administrator or Board member with whom we spoke acknowledged having first-hand knowledge about Dr. Gottschalk\u2019s treatment of women. That administrator explained that a student told him about her experience in Jerusalem with Dr. Gottschalk, and she asked the administrator to tell Dr. Gottschalk to stay away from her. (Dr. Gottschalk was Chancellor at the time.) The administrator warned Dr. Gottschalk to stay away from the student, which Dr. Gottschalk apparently did. 7 Rabbi Patricia Karlin-Neumann Yarn, Dec. Newsletter 2020 \u2013 Tevet 5781, (Women\u2019s Rabbinic Network, New York, N.Y.), Dec. 22, 2020. 26 4. Dr. Stephen Passamaneck Dr. Stephen Passamaneck, now deceased, was a Professor of Rabbinic Literature at the Los Angeles campus. He was appointed to full professor in 1971 and retired in 2013. Roughly 20 witnesses reported allegations of misconduct by Dr. Passamaneck consistent theme was that Dr. Passamaneck reportedly singled out women students to humiliate and alienate during class with commentary of a sexual nature. We heard several examples of Dr. Passamaneck calling on female students, who often were the only woman in a class of men, to read out loud passages from the Talmud that discussed subjects such as women\u2019s virginity, how a woman\u2019s hymen is broken, the age at which women are old enough to have sex, the appearance of women\u2019s genitalia, and other sexually related topics. Students, both men and women, felt that Dr. Passamaneck\u2019s behavior was intentionally directed towards women to make them uncomfortable. In addition, witnesses reported that Dr. Passamaneck propositioned students. One former student said Dr. Passamaneck asked her out after every single class. Another former student referred to her one-on-one meetings with Dr. Passamaneck for her independent study course as \u201cSexual Harassment Wednesdays\u201d and told us he asked her what it would take to convince her to date him. Several witnesses also referenced Dr. Passamaneck displaying pornography on his computer and regularly carrying a gun on campus. They also described him as \u201cterribly foul-mouthed\u201d and \u201craunchy.\u201d HUC\u2019s Contemporaneous Response: We reviewed six documented instances of unprofessional conduct by Dr. Passamaneck similar in nature to what we heard from witnesses. The files we reviewed, which ranged from 1987 to 2010, indicated that numerous administrators were aware of, yet took little action to address, Dr. Passamaneck\u2019s inappropriate behavior. Specifically: Documents show that in 1986 and again in 1987 (the second time in writing), Rabbi Lee Bycel (then Dean of the Campus) and Rabbi Uri Herscher (then Vice-President of HUC) counseled Dr. Passamaneck not to bring a gun on campus. However, Dr. Passamaneck reportedly continued to a bring a gun on campus without further censure. In 1993, Dr. Passamaneck was disciplined for violating the sexual harassment policy when he reportedly told a staff member she looked like a \u201cFrench whore conducted a formal disciplinary hearing to assess the appropriate response in that case and issued a verbal and written warning, finding Dr. Passamaneck to have violated HUC\u2019s staff handbook\u2019s \u201cGuide to Personal Conduct.\u201d In the written warning, Dr. Lewis Barth and Rabbi Sheldon Marder, co-chairs of the disciplinary hearing committee, noted that \u201cthis is not your first violation of the Guide to Personal Misconduct,\u201d although we could not identify the prior violation(s) to which they were referring. In addition to the written warning, Dr. Passamaneck was required to attend six counseling sessions. Documents show that, in 1999, a group of students raised concerns about Dr. Passamaneck\u2019s behavior, describing it as \u201cterroristic,\u201d \u201charassing,\u201d \u201chumiliating,\u201d \u201cdenigrating,\u201d and marked by 27 \u201cunpredictable mood swings resulting in a tense, unstable atmosphere.\u201d Those documents show that Dr. Barth shared the concerns with Provost Norman Cohen and HUC\u2019s counsel, and a post-it note suggests that President Sheldon Zimmerman was aware of the situation as well. In a document in the file, an unnamed administrator acknowledges that \u201cthere is a pattern of harassment in [Dr. Passamaneck\u2019s] class, directed primarily (but not exclusively) at women.\u201d We found no documents reflecting any corrective actions taken in response to Dr. Passamaneck\u2019s conduct at that time. Documents further show that, in 2002, an staff member, who had been called to fix Dr. Passamaneck\u2019s computer, noticed that approximately two thirds of the websites recently visited on that computer were pornographic in nature. She took a screen shot of the history and shared it with Dr. Barth. She also reported that she was uncomfortable going into Dr. Passamaneck\u2019s office, explaining that Dr. Passamaneck tended to stare at her chest when she spoke with him. Dr. Barth said he would have a conversation with Dr. Passamaneck. For a while afterwards, Dr. Passamaneck\u2019s interactions with the staff member were professional. However, a year and a half later, per the staff member\u2019s complaint, Dr. Passamaneck asked for her assistance opening an attachment to an email, warning her it would be \u201csalacious.\u201d The staff member reported this interaction to Dr. Barth, who again talked to Dr. Passamaneck. This time, documents show, Dr. Barth required that Dr. Passamaneck apologize to the staff member in writing and promise not to be in his office whenever she needed to service his computer. In 2006, a group of students wrote a letter to Rabbi Richard Levy, Professor Sara Lee, and Dr. Steven Windmueller (then Dean), which raised concerns that Dr. Passamaneck told sexual jokes in class, made women read uncomfortable and humiliating texts aloud, and otherwise taught topics that \u201cdemonize women and women\u2019s sexuality contemporaneous email shows that Dr. Windmueller reached out to Provost Norman Cohen. There is also a note to the file documenting that Dr. Windmueller and Rabbi Levy held an informal discussion with Dr. Passamaneck, instructing him to be more open to student concerns. Dr. Passamaneck reportedly said he would \u201cdeal with [the issues raised in the complaint] in his own way,\u201d offering no specifics. We found no evidence of any further remediation. In 2010, a female student filed a formal grievance specifically alleging sexual harassment, after reportedly seeing pornography on Dr. Passamaneck\u2019s computer and hearing Dr. Passamaneck subsequently make a joke about \u201cnaked ladies professor sitting across the hall saw Dr. Passamaneck\u2019s computer and filed a formal grievance as well. In this instance, the complaints were formally investigated, and a formal hearing was conducted. The grievance review panel \u2013 Rabbi Levy, Professor Rachel Adler, and two students \u2013 concluded that Dr. Passamaneck violated HUC\u2019s sexual harassment policy in several respects. Dr. Passamaneck appealed the findings, but the appeal was denied. In response to the findings, Dr. Passamaneck was \u201csanctioned\u201d by no longer being permitted to teach any required \u201ccore\u201d courses or independent study courses that required one-on-one instruction to students. He also was directed to refrain from making sexually degrading comments or jokes or displaying sexual images on his computer. Dr. Passamaneck, however, was allowed to stay on campus and teach elective courses with two or more students until his retirement in 2013. 28 5. Bonia Shur Bonia Shur, now deceased, was Director of Liturgical Arts and Music at HUC\u2019s Cincinnati campus from 1974 to 2003. We heard from three witnesses that Shur engaged in sexual misconduct, including inappropriate touching, forced kissing, and sexual comments. In the early 1980s, a female rabbinical student joined the choir on Cincinnati\u2019s campus, directed by Shur. She reported to us that in her time in the choir, Shur attempted to touch her, despite her resisting him, and made sexual innuendos and subtle sexual comments to her. This witness reportedly felt so uncomfortable that she quit the choir, even though choir was important to her. She said a classmate asked her why she quit, and when she told her classmate what happened, the classmate allegedly said, \u201cThat\u2019s just Bonia.\u201d The witness told us that her classmate (now deceased) told her a story about how she once knocked on Shur\u2019s hotel room door, and he allegedly answered the door completely naked. Another former student reported that in the late 1980s or early 1990s, Shur invited the student to listen to music in his studio office. The witness stated that while they were alone in his office, Shur forcibly kissed her. She stated that when she pushed him away, he did not force himself on her further, and he said nothing when she walked out of his office. HUC\u2019s Contemporaneous Response: According to the witnesses, they never reported any of these incidents to HUC. One administrator, who was part of the Cincinnati leadership team during Shur\u2019s tenure, told us \u201cBonia was crazy,\u201d but he expressed surprise that witnesses had reported allegations of sexual misconduct. We were not able to determine whether the administration or faculty knew or should have known about Shur\u2019s conduct. 6. Rabbi Sheldon Zimmerman Rabbi Sheldon Zimmerman was an adjunct professor at from 1980 through 1985 and then President from 1996 until 2000. We heard from many witnesses that they believed their ordinations were tainted because Rabbi Zimmerman had ordained them. In the 1980s, while he was an adjunct and also Senior Rabbi at Central Synagogue in New York City, Rabbi Zimmerman entered into and continued for several years an inappropriate sexual relationship with a young woman that began while she was his student at HUC. Rabbi Zimmerman abruptly resigned from in 2000, after being suspended from the for violating guidelines on \u201csexual ethics and sexual boundaries.\u201d The suspension, resulting from an inquiry by the Ethics Committee, prohibited Rabbi Zimmerman from serving as a rabbi in any Reform synagogue or institution for at least two years (a prohibition that ultimately lasted four years). In a letter to its congregation in late April 2021, Central Synagogue stated that outside counsel had conducted an investigation of Rabbi Zimmerman and had concluded that (1) he began an inappropriate relationship with a Central Synagogue congregant in the 1970s, which lasted for 29 many years and which included sexual contact while she was an underage teenager; and (2) he engaged in an inappropriate sexual relationship with another young woman, also a congregant, as described above. We found no evidence that ever notified regarding Rabbi Zimmerman\u2019s ethical violations or that he engaged in misconduct while he was president of HUC. HUC\u2019s Contemporaneous Response: According to the witnesses with whom we spoke, Rabbi Zimmerman informed them that he was leaving because of \u201csome boundary issues\u201d that happened many years earlier. We found no evidence that advised about the reason for Rabbi Zimmerman\u2019s suspension, nor evidence that took any action after Rabbi Zimmerman\u2019s departure In this section, we provide our recommendations for to move forward in response to our investigative findings and observations. In particular, we provide our thoughts on how can 1) engage in the process of teshuvah, or repentance; 2) prevent the behaviors described in this report from recurring; and 3) develop and implement clear policies and procedures for reporting, investigating, and remedying misconduct. In investigations of this nature, we typically ask witnesses for their views on the desired outcome and measures that could positively impact the organization. Many of our recommendations reflect the feedback we received. This is especially true for the section on teshuvah. A. Engage in the Process of Teshuvah Many of the witnesses told us they want to acknowledge their experiences and the pain they caused, express a commitment to change, and announce a clear action plan for how such changes will be implemented. They want a public apology from current and former leadership, including the administration and the Board of Governors. Witnesses also want transparency, an opportunity to tell their story publicly, and public recognition of the wrongdoing that occurred. We recommend that take the following actions: 1. Engage in a truth and reconciliation process. Our investigation and report are a first step toward truth and reconciliation and, to that end, we recommend that consider making the report public might also consider creating a forum in which individuals who wish to come forward and tell their stories publicly are provided the opportunity to do so, and members of the current and former administrations, as well the current and former Board of Governors, could thank everyone who came forward and acknowledge their experience and pain also may wish to provide an opportunity for the victims to record their stories or provide documentation that could be housed at the American Jewish Archives and made publicly available. 30 2. Conduct an optional reordination ceremony, or something similar, for those who were ordained by known harassers. Such a ceremony would provide closure and healing to those who believe their original ordinations were \u201ctainted also should consider posthumously ordaining Helen (Leventhal) Lyons, the first woman in the United States to complete the entire course of study (in 1923) at a rabbinical school, the Jewish Institute of Religion in New York. Additionally should consider awarding alumni and faculty who came forward during this investigation (and are willing to be recognized) with the Joseph Prize, a specialized teudah, or some other recognition for their courage and fortitude. 3. Remove endowed chairs, statues, and other public recognitions that memorialize or honor wrongdoers. The campuses are replete with tangible reminders of some of the wrongdoers, in the form of endowed chairs, scholarships in their names, statues, and anthologies. We recommend that, in some instances, these honors or memorials be removed. In other instances, it might be more appropriate to include an asterisk next to the person\u2019s name and an acknowledgement of what was discovered during this investigation. B. Take Proactive Steps to Prevent Such Behavior From Recurring Numerous witnesses felt that could have done more to prevent the misconduct that was described to us during our investigation. As processes the findings of this investigation and charts a path forward, we recommend: 1. Conduct a culture assessment. The vast majority of students and faculty that we spoke with are no longer at HUC. Indeed, only four current students, 14 current faculty, and 12 current staff members requested to speak with us \u2013 and at least two current students declined to speak with us out of fear of retaliation. Consequently, while we can offer some recommendations based on what we heard, we do not have a complete picture of what life on the various campuses looks like now. To develop a more strategic action plan, we recommend an assessment of HUC\u2019s current climate and culture. Such an assessment would include a quantitative survey available to all students, faculty, and staff; focus groups at the individual campuses; and individual interviews. (We note that the Presidential Task Force on Safe and Respectful Environments recently conducted a high-level review of the campus climate, but we recommend a more in-depth review.) 2. Set forth clear expectations regarding behavior and hold people accountable when they do not comply with such expectations. Ensure that there are clear rules prohibiting harassment, discrimination, bullying, and disrespectful conduct and clear directives regarding respectful conduct. Enforce these rules and directives consistently and, when individuals are found to have engaged in misconduct, hold them accountable for their actions through proportionate corrective action. 3. Conduct training on creating a culture of respect. While conducts some training now, it appears to be scattershot at best. We recommend that develop an in-depth curriculum \u2013 for students, staff, faculty and Board members 31 \u2013 on creating a culture of respect, which should be developed and implemented by experts in the field and provided on a regular basis. Such training should include issues such as embracing diversity (in all of its forms) within the Jewish community, implicit biases, identifying and responding to microaggressions, bystander intervention, providing feedback, and boundaries and consent. Training regarding boundaries and consent should include not only consent to sexual contact but also consent to perceived friendly interactions such as hugging or touching and how to respond to or decline such contact. 4. Appoint an ombuds. We learned that individuals often are scared to file a formal grievance or Title complaint, but they want the behavior to stop. As a result, many turn to their professors or administrators and seek assurances of confidentiality, at which point the professors and administrators invoke their roles as rabbis. This results in their playing the role of religious counselor, rather than that of a faculty member or administrator with an obligation to report and address misconduct. If had an ombuds, that individual could serve as a neutral third party who could help students, faculty, and staff evaluate their options and determine the best course forward. Among other things, an ombuds could serve as a sounding board, provide coaching for difficult conversations, informally mediate a dispute, and/or help a person determine whether and how to file a formal complaint. 5. Increase diversity in senior leadership and on the Board to reflect the diversity of individuals in the Reform Jewish movement. We heard concerns about the lack of diversity of leadership and the Board. In addition, we heard concerns that to the extent that financial means is considered directly or indirectly as a metric for a Board seat, that type of criteria also can limit diversity efforts. We recommend that and the Board of Governors consider the diversity of applicants when appointing individuals to senior leadership and the Board. 6. Consider making trained mental health services available at each campus number of students told us that their experience at was emotionally challenging, and that they often did not know where or to whom to turn. It is our understanding that the supervisors of clinical pastoral education often end up playing the role of informal therapist, which can lead to a conflict of interest between their acting as a confidante and their position and responsibilities as a faculty member trained therapist on staff or retainer, who is not directly connected to the administration, could alleviate that conflict and establish cleaner boundaries and, importantly, could provide short-term counseling and refer students to outside therapists where appropriate. C. Develop and Implement Clear Policies and Procedures for Reporting, Investigating, and Remedying Misconduct 1. Review and revise policies and procedures, consistent with the findings of this report. For a long time, HUC- had no official policies or procedures for reporting or investigating complaints of harassment, discrimination, or bullying behavior. By comparison, HUC\u2019s current policies and procedures generally are 32 comprehensive, although there are aspects that could be stronger. Our specific comments on the policies and procedures are attached in the Appendix. 2 few policies merit special attention: o Consensual Relationships: HUC\u2019s current policy on consensual relationships is different in the faculty, staff, and student handbooks. While consensual relationships between people with different levels of power is prohibited in the student handbook, it is merely \u201cadvised against\u201d in the faculty handbook, and the staff handbook suggests only that such relationships can be problematic. We recommend that update the faculty and staff policies so they conform to the policy in the student handbook: relationships between faculty and students, or staff and students, should be prohibited. We also recommend that relationships between supervisory personnel and non-supervisory personnel be prohibited or that the policies include a requirement to disclose any such relationship to leadership. o Tenure and Post-Tenure Discipline: Policies on faculty tenure and post- tenure discipline should be reviewed to ensure that wrongdoers can be held accountable. We were told that faculty members were not disciplined because administrators believed they were constrained by tenure rules. Harassment, discrimination, and bullying should be specifically included in the policies as grounds for termination for cause. o Title Obligations: Title obligates educational institutions to respond promptly and appropriately upon receiving notice of conduct that could constitute sexual harassment. There are circumstances when the school may need to initiate an investigation regardless of the complainant\u2019s relationship with the school or interest in participating in the Title grievance process. This is because the school has a Title obligation to provide all students, not just the complainant, with an educational environment that does not discriminate based on sex. 3. Ensure that the policies and procedures are implemented. Even the best policies and procedures are meaningless if they are not followed. We heard from many recent students, as well as current faculty and staff, that they do not know where to find the current policies and/or do not recall ever receiving them. To remedy that, we recommend that HUC: o Ensure that policies and procedures are easily accessible. We recommend that post links to its policies and procedures regarding harassment and discrimination in an obvious and easily accessible place on the website. The policies and procedures also should be included in orientation materials and distributed to all students, faculty, and staff via email at the beginning of each school year. Administrators, pastoral counselors, and other faculty members should know and be able to provide students with the name and contact information of the person they can contact if they have a concern or complaint. 33 o Train faculty, staff, and students on policies and procedures on a yearly basis, not just at orientation. We recommend live, interactive training on HUC\u2019s policies and procedures. Training for faculty and staff should include how to respond if a student comes to them with a concern or complaint. 4. Build more transparency into the system so that community members feel comfortable coming forward number of witnesses said they were reluctant to come forward with concerns or complaints because they feared that nothing would happen if they did. We recommend building more transparency into the system so that students, faculty members, and staff are informed when corrective action has been taken. We also recommend that consider developing a corrective action matrix to ensure that similar behaviors are handled similarly and that everyone is on notice regarding how complaints and bad behavior will be handled. 5. Consider options to modify the smichot process. The threat or act of failing or refusing to sign a student\u2019s smicha appears to be a power exercise that has had long-lasting emotional impacts on many students. 6. Develop a centralized record retention system does not currently have a centralized location for retaining student records, and in the past, it did not have a centralized location for retaining staff and faculty records. Similarly does not have a centralized record retention system. We recommend that store student, faculty, and personnel files, as well as complaints and investigation files, in a centralized location. 7. Consider implementing a student discipline panel or an escrow system. Some colleges and universities have student discipline panels to address student discipline. Others have implemented \u201cescrow systems,\u201d in which complaints of misconduct are kept in \u201cescrow\u201d with a third party until another complaint about the same wrongdoer is lodged, at which time both complainants are officially notified and they can decide whether they want to come forward and file a formal complaint. We believe both systems are worthy of consideration. D. Review and Revise Relationships with Partner Synagogues and Sister Organizations Several witnesses reported instances of mistreatment at partner synagogues. We also heard concerns that there could be better coordination between URJ, CCAR, and ACC, especially with respect to placement and ethics processes. Finally, we heard that there is no way to hold a rabbi accountable after ordination if he or she chooses to withdraw from CCAR. To that end, we recommend that HUC: 1. Coordinate with URJ, CCAR, and ACC. Work with URJ, CCAR, and to eliminate the influence of implicit biases and any discrimination in placement practices. We recommend, in conjunction with HUC\u2019s sister organizations, a thorough review of the placement practices for student rabbis and cantors and recently ordained rabbis and cantors at synagogues and camps to determine 34 whether discrimination on the basis of gender, LGBTQ+ status, race/color, and/or disability is occurring, and, if so, what steps can be taken to eliminate it. 2. Review relationships with partner synagogues and homestay practices. We heard complaints that no action was taken after some students were treated inappropriately during their student placements. We recommend that develop clear procedures regarding how to investigate complaints from students who allege inappropriate treatment, and that moving forward, relationships with partner synagogues be terminated if such allegations are substantiated. We also heard inconsistent reports regarding whether the practice of placing student rabbis and cantors in homestays exists now. To the extent the practice is ongoing, we recommend that it be terminated. 3. Consistent with Jewish law, explore whether can revoke a conferred degree based on substantiated allegations of serious misconduct, especially when a rabbi has withdrawn from CCAR. Our understanding is that the ethics process only applies to individuals who are members in good standing. Thus, there is no existing process to hold rabbis accountable for serious misconduct if the rabbis are not members of CCAR. We recommend that explore whether and how they could revoke a conferred degree or ordination or otherwise censure an ordained rabbi. 35 In conjunction with this investigation, we conducted a review of HUC\u2019s policies to prevent and respond to complaints of harassment (including sexual harassment), discrimination, and misconduct on HUC\u2019s campuses. The documents within the scope of our policy review included: \uf0b7 The Sexual Misconduct and Interpersonal Violence Policy (\u201cSexual Misconduct Policy\u201d), effective Summer 2017 \uf0b7 The Faculty Handbook, edited October 18, 2018 \uf0b7 The National Student Academic Handbook, effective Summer 2020 \uf0b7 The Employee Handbook, 2018-2019 (applicable to all employees except Board appointed faculty) HUC\u2019s policy framework with respect to sexual misconduct on campus is thorough and, in many ways, structured consistently with best practices. For example: \uf0b7 There is a separate policy carving out anti-harassment expectations, as opposed to embedding harassment prohibitions in the broader anti-discrimination policy. \uf0b7 The Sexual Misconduct Policy clearly defines prohibited behavior and includes an appropriately broad definition of sexual harassment. \uf0b7 The Sexual Misconduct Policy sets out dating expectations applicable to student/faculty relationships. \uf0b7 The harassment response process provides for interim measures to protect the safety of complainants upon reporting harassment, as well as several on- and off-campus resources to support complainants after filing a complaint. \uf0b7 The policy provides transparency about what participants in the investigation can expect in terms of the process, the expected timelines for completion of the process, and potential disciplinary outcomes. \uf0b7 The policy sets out some anti-retaliation and confidentiality assurances to investigation participants. However, based on our review of the policies and the information learned during the course of our investigation, along with our experience in anti-harassment programs at other educational institutions, there are certain areas of HUC\u2019s existing sexual harassment and misconduct framework that could be enhanced to better align with what we have observed as best practices: \uf0b7 To start, we recommend that revise the sexual misconduct policies applicable to students, faculty, and staff to be consistent in terms of which policy applies in which circumstances. Student-on-student conduct, for example, is clearly within the scope of the Sexual Misconduct Policy as it appears in the student handbook. However, it is less clear which policy would apply to misconduct involving faculty-on-student harassment, staff-on-student harassment, or faculty-on-staff harassment. The sexual 36 misconduct policies also should be revised to be consistent in terms of the prohibited conduct, the available reporting avenues, and support resources, among other details. We also recommend that revise the sexual misconduct policies as follows: \uf0b7 Provide multiple avenues for reporting, including an anonymous method. Currently, contacting the Title coordinator is the only designated reporting avenue in the standalone Sexual Misconduct Policy, unless a complainant takes their complaint to an external entity, like the local police or federal government. The sexual misconduct policies that appear in the student handbook, faculty handbook, and staff handbook all provide conflicting information in terms of reporting avenues. We recommend making the reporting options consistent among all of the policies, to the extent practicable. \uf0b7 Better define the roles of each responsible entity in the complaint response process, so that it is clear how the Title Office Department, Safety Department, administration, and any other relevant parties should coordinate in the complaint investigation and resolution process. \uf0b7 Include an explicit statement that those who retaliate will be subject to discipline, as opposed to simply noting that retaliation is prohibited. \uf0b7 Provide for improved communications protocols to investigation participants, both during and after investigations, to further enhance transparency in the process. \uf0b7 Provide an option for an informal resolution process. The policy is currently written to adjudicate all harassment complaints through a formal grievance hearing process. Given the range of behavior and circumstances that can fall within the scope of this policy, some matters may not rise to the level of requiring a formal hearing. For example, after conducting an initial assessment of the complaint, we have seen other institutions alternatively resolve matters through educational programming or training, a mediated conversation, and/or some other action by the Title Coordinator. With respect to non-sexual harassment and discrimination, we have similar observations. The various Harassment, Equal Opportunity, and Non-Discrimination policies found within the student, faculty, and staff handbooks are thorough and comprehensive. They prohibit an appropriately broad range of conduct, explain how to file a complaint, direct complainants to additional resources for support, and outline the complaint resolution process. However, these policies require similar adjustments to ensure that the scope of each policy is clearly drawn. They should further provide consistency in the definitions of prohibited conduct and the available reporting avenues, as well as provide stronger assurances of impartiality, transparency, and anti-retaliation. Beyond the policy documents themselves, we recommend that do the following to ensure that the anti-harassment and anti-discrimination programs are successful and effective: \uf0b7 Ensure that whoever is designated to conduct investigations into allegations of harassment (including sexual harassment) and discrimination is well trained in how to handle such matters. 37 \uf0b7 With respect to the faculty grievance hearing process, hearing panelists should be trained in the nuances of adjudicating and resolving reports of prohibited sexual misconduct. The policy currently contemplates selecting the panelists from a pool of the entire faculty. We have seen other educational institutions create a Title Council consisting of a smaller selection of faculty from which each hearing panel is selected and providing everyone in the Council training on how to handle harassment matters. \uf0b7 Develop a framework or corrective action matrix to ensure that discipline is prompt, consistent, and proportional to any substantiated misconduct. Prior instances of wrongdoing should be considered when determining appropriate corrective action. \uf0b7 Adopt a system to centralize harassment and discrimination complaints for tracking purposes, so that the administration can be aware of trends in repeat offenders or problematic departments. \uf0b7 Improve document recordkeeping practices. For example, be sure investigations are well documented and that reports are maintained in subject\u2019s personnel file. \uf0b7 All of these changes must be supported by leadership\u2019s visible endorsement and demonstrated commitment.", "8799_102.pdf": "Reform seminary investigation: \u2018Good old boys\u2019 culture has left scars By Arno Rosenfeld November 9, 2021 The Reform movement\u2019s seminary system has been plagued by an \u201cold boys\u2019 club\u201d mentality that allowed sexual harassment, racism and discrimination against students to fester for decades, according an investigation released Tuesday by Hebrew Union College-Jewish Institute of Religion. The two presidents who led the school from 1971 until 2000 were both implicated in the report, which was produced by a law firm hired to do an independent investigation of the rabbinical college. Its board has decided to publicly release the report and plans to develop a \u201ccomprehensive plan in response\u201d by its next meeting on Dec. 14. Sue Neuman Hochberg, chair of the board, said in a letter to the college community that this plan would include a process of teshuvah, or repentance, and \u201cdelving more deeply into the existing culture at the College-Institute.\u201d \u201cThe report includes credible accounts of alleged events over the last 50 years in which positions of trust and power were abused,\u201d Andrew Rehfeld, the current president of HUC, said in a separate letter to the community. \u201cEven worse, it describes a culture that is antithetical to the Jewish ideals to which we aspire and corrosive to our educational mission reckoning Many of the most egregious violations detailed in the investigation, including repeated instances of sexual assault by former president Alfred Gottschalk, who died in 2009, occurred in the 1970s and 1980s. In more recent years, current and former students interviewed described women being held to different standards than men and rude comments about individuals. There were also several accounts of racism, including faculty \u201cmistaking students of color for support staff.\u201d Did you attend under Alfred Gottschalk? Reach out to news reporter Arno Rosenfeld at [email protected] The investigation was prompted by reports of sexual harassment and gender bias by Michael Cook, a longtime professor, that circulated on social media following Cook\u2019s death last March. It is part of a broader societal reckoning over sexual misconduct that began four years ago with the #MeToo movement. Across the Reform movement, investigations have been completed or proceed at its main institutions \u2014 Hebrew Union College, the Central Conference of American Rabbis and the Union for Reform Judaism. Get the Forward delivered to your inbox. Sign up here to receive our essential morning briefing of American Jewish news and conversation, the afternoon\u2019s top headlines and best reads, and a weekly letter from our editor-in-chief. The largest of the major Jewish denominations, the Reform movement was the first to ordain a female rabbi in a rabbinical seminary \u2014 in 1972. But the report shows that, particularly in the 1970s and 1980s, the road to the rabbinate could be an exceedingly rough one for women \u2014 and that they and other students who don\u2019t conform to the traditional image of a rabbi sometimes still contend with discriminatory behavior. Authors of the investigation, which was conducted by a team from Morgan Lewis led by Grace E. Speights, made a series of recommendations ranging from establishing a \u201ctruth and reconciliation process\u201d to allow individuals to share stories of mistreatment at the school, to severing relationships with synagogues where rabbinical students were treated inappropriately. The report also suggests a \u201creordination ceremony\u201d for students who feel their original ordinations were tainted by offending rabbis. 2/22/25, 7:04 Reform seminary investigation: \u2018Good old boys\u2019 culture has left scars \u2013 The Forward 1/3 Violations The 37-page report was based on interviews with 170 individuals, including current and former staff, students and faculty, and it paints a picture of a school \u2014 spread across four campuses stretching from Jerusalem to Los Angeles \u2014 that tolerated a range of inappropriate behavior toward students who were not white and male. \u201cWomen (and some gay men) commented that straight men received favored treatment and that an old boys\u2019 club mentality permeated all four campuses,\u201d the report states. \u201cThere was a tacit understanding that \u2018success\u2019 looked like a married 29 year-old straight male rabbi who was handsome, bearded, and married to a wife who was pregnant or holding a toddler \u2014 or both.\u201d Female students reported being told alternately to dress in more masculine and more feminine ways, and to gain and lose weight, while their male counterparts were not advised on physical appearances. There were also several reports of sexual assault, including by Gottschalk, who was president of the college from 1971 until 1996. Several women told investigators that Gottschalk repeatedly pursued them while studying on the Jerusalem campus, including placing one woman\u2019s hand on his penis and pushing another up against the wall in his apartment and attempting to kiss her. This behavior was apparently never reported to the school. \u201cAs one witness pointed out, it was hard to know to whom to complain when the President of the school was the wrongdoer,\u201d the report stated. While the college adopted a formal policy of admitting students in 1990, many of those interviewed for the investigation reported instances of discrimination in the years since. There were multiple reports of faculty making disparaging comments about transgender students, and a professor telling a woman that \u201cthey were a lesbian only because they \u2018had not met the right man\u2019 and \u201cneeded to experience intercourse with a good man.\u2019\u201d The report says that a student in the mid- to late-1990s recounted a situation in which a former dean made what the student described as \u201cgrotesque homophobic remarks\u201d in a professional development class on pastoral care for people with and the president of \u201cjoked that was the price for gay people\u2019s admission\u201d to the school. The president is not named, but Sheldon Zimmerman served in that role from 1996 to 2000. Zimmerman did not respond to a request for comment. He stepped down as president after he was suspended by the Central Conference of American Rabbis for what was revealed this year to be \u201csexually predatory behavior,\u201d including a relationship with a minor. Zimmerman was fired by his Dallas synagogue in April. The report\u2019s authors said they found no evidence that told the college about Zimmerman\u2019s misconduct, or that he engaged in inappropriate behavior while president. He did not respond to a request for comment. Rehfeld said that despite a personal feeling of urgency in light of the report\u2019s findings, he and many other administrators had not seen the findings until shortly before they were publicly released Tuesday morning. \u201cSince nearly all those in leadership positions, including the Deans of our campuses, are only reading the report now, it will take us time to develop a thoughtful response,\u201d wrote Rehfeld, who became president in 2019 and is the first non-rabbi to head the seminary spokesman for the college said that Rehfeld had moved to address issues similar those disclosed in the report when he became president, including launching a task force on \u201csafe and respectful environments\u201d in February. The Women\u2019s Rabbinic Network, which had encouraged its members to participate in the inquiry praised the college for conducting the investigation but said in a statement Tuesday that more needed to be done. \u201cWhat was taken from the survivors can never be fully restored,\u201d the statement said in part. \u201cWe believe the work has done and will continue to deepen and expand represents an important step toward ensuring that the Rabbi Sheldon Zimmerman Image by Central Synagogue 2/22/25, 7:04 Reform seminary investigation: \u2018Good old boys\u2019 culture has left scars \u2013 The Forward 2/3 school will be a place of safety and respect.\u201d Arno Rosenfeld is an investigative reporter at the Forward covering issues including antisemitism, philanthropy and sexual misconduct. You can reach him by email or message him securely on Signal using a non-work device at 202-677-5462. [email protected] arnorosenfeld.bsky.social 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, 7:04 Reform seminary investigation: \u2018Good old boys\u2019 culture has left scars \u2013 The Forward 3/3", "8799_103.pdf": "\u2014 Sometime while Rabbi Michael Cook was teaching Reform rabbinical students in 2000, two rabbis who had studied under him lodged formal complaints with their shared professional association alleging that he had been abusive. But before the rabbinic association, the Central Conference of American Rabbis or CCAR, took any action, Cook resigned. The move cut him off from the Reform movement\u2019s job hiring process \u2014 but also allowed him to evade an investigation that could have resulted in a public expulsion. No longer a member of the CCAR, Cook continued serving as a professor at Hebrew Union College-Jewish Institute of Religion (HUC) in Cincinnati, working with rabbinical students in his charge. It was not until his death last March that he was publicly accused of misconduct, which helped trigger a reckoning over the handling of sexual abuse allegations within the Reform movement. The revelation that the had received allegations against Cook is contained in a new report, released Wednesday, that emerged from that reckoning. It is the result of one of three investigations into different branches of the Reform movement that took place simultaneously in recent months leaders say that many of the lapses identified in the report have been addressed in recent years, and they point to the case of Cook as an example REPAIR' Probing ethics process, Reform group finds late rabbi ducked abuse complaints New report commissioned by the Central Conference of American Rabbis reveals how Michael Cook was able to continue teaching after formal allegations were lodged against him By 23 December 2021, 6:31 pm Rabbi Michael Cook teaches a class at Hebrew Union College in Cincinnati in 2016. (Janine Spang) 2/22/25, 7:04 Probing ethics process, Reform group finds late rabbi ducked abuse complaints \| The Times of Israel 1/4 \u200b\u201dOne of the loopholes in our system historically is that somebody like Michael Cook would resign and then keep on working at without any blemish on his record,\u201d Rabbi Hara Person, the CCAR\u2019s chief executive, told the Jewish Telegraphic Agency. \u201cToday those complaints would be handled differently,\u201d Person added. For example, someone who quits the association in the midst of an ethics review now can still be officially expelled and publicly listed as such, she noted. Likewise, the rules now allow the to publicly specify when an ethical violation involves a minor. The S.H. and Helen R. Scheuer Chapel on the Cincinnati campus of Hebrew Union College-Jewish Institute of Religion. (Ady Manory) Now, the rabbinical association is facing a new challenge: Far more ethics complaints are coming in than the system, a volunteer-run committee that investigates allegations, is equipped to handle. \u201cThe increased number and complexity of cases has been really overwhelming for the ethics committee,\u201d Person said. \u201cIt\u2019s kind of not fair what we\u2019re asking them to do. The original system could not have imagined what we are seeing today.\u201d As the Reform movement\u2019s rabbinical association, the is charged with upholding ethical standards among its roughly 2,200 members \u2014 virtually all ordained rabbis and seminary professors in the movement. The association operates somewhat like the bar association does for lawyers. Lay leaders and congregants rely on the to investigate allegations and publicize ethical violations. But the association has little to gain from calling public attention to misbehavior by its members. And some of its members believe that filing complaints can backfire when it comes time to enter \u201cplacement,\u201d the Reform movement\u2019s annual job hiring process. \u201c[T]here is still an old boys network and no matter how good the ethics process may be believe \u2014 and women understand \u2014 that there are placement ramifications if you bring an ethics complaint against a senior rabbi,\u201d said one unnamed person quoted in the report. \u201cAll those rabbis talk to each other and then it becomes a difficult and unsettling thing.\u201d Because Alcalaw, the law firm hired by to conduct the investigation, was tasked with examining the association\u2019s ethics process rather than investigating allegations, the report is thin on names and revelations of misconduct. Instead, much of the new report is devoted to explaining how the system evolved and how it works today, while pointing out some of the factors leading to confusion and distrust among those the system is supposed to protect. \u201cThe report shows that our system is not broken, but also that it does need repair and improvement,\u201d the CCAR\u2019s leaders said in a statement. 2/22/25, 7:04 Probing ethics process, Reform group finds late rabbi ducked abuse complaints \| The Times of Israel 2/4 Rabbi Alfred Gottschalk (right) addressed the audience as part of an event installing Rabbi Raymond Zwerin (left) as spiritual leader of Temple Sinai in Denver, 1968. Three years later, Gottschalk became the president of the Reform movement\u2019s rabbinical school. (Denver Post via Getty Images via JTA) Its focus on the ethics process, not on specific allegations, differentiates the latest investigation from a related but independent one that concluded in November when the Reform movement\u2019s seminary publicized allegations against six of its leaders, including two past seminary presidents. That report found that the culture at Hebrew Union College-Jewish Institute of Religion enabled behaviors of harassment and abuse by men to go on for decades officials say they plan to act on what they learned from the new report, which offers new details about several high-profile cases in addition to Cook\u2019s. It says allegations from three people about Rabbi Alfred Gottschalk, HUC\u2019s longtime president and chancellor, reached the in the late 1990s. The association\u2019s ethics committee started looking into the matter but found that it didn\u2019t have enough evidence to justify further investigating and couldn\u2019t proceed since official complaints had not been filed, according to notes kept by the group. Gottschalk died in 2009, and allegations of misconduct were only reported publicly this year. Person said the increasing number of allegations recently suggests that, several years into the #MeToo reckoning, more people are feeling empowered to come forward. \u201cWe live in a very different environment than when the system was created in 1991, even from 10 years ago, even from five years ago,\u201d Person said. \u201cPeople feel more comfortable reporting, but also think that we\u2019re living in a kind of social media-driven world. Information comes out now in such a variety of ways and people are so much more aware of what\u2019s going on in other places so that encourages them to act.\u201d Among those who are most closely watching the Reform movement\u2019s efforts to address patterns of sexism and misconduct within its ranks is Rabbi Mary Zamore, executive director of the Women\u2019s Rabbinic Network. She said the report\u2019s findings can help improve the ethics process. 2/22/25, 7:04 Probing ethics process, Reform group finds late rabbi ducked abuse complaints \| The Times of Israel 3/4 Rabbi Mary Zamore, the executive director of the Women\u2019s Rabbinic Network. (Steve Shawl via JTA) \u201cRabbis have a sacred responsibility to the Jewish community and should be held to the highest ethical standards,\u201d Zamore said. \u201cThis report reveals that there is much work to be done. We look forward to the enacting the many recommendations in this report.\u201d The Reform movement is also awaiting the results of a third investigation, which will be released by the Union for Reform Judaism (URJ), an organization representing roughly 850 synagogues and their congregations. The scope of this investigation is the most comprehensive of the three and will include harassment and abuse that took place at Reform summer camps and other youth programs. 2/22/25, 7:04 Probing ethics process, Reform group finds late rabbi ducked abuse complaints \| The Times of Israel 4/4", "8799_104.pdf": "02 Dec \uf007 By Exams Decades of sexual assault issues and sexual harassment on campus have come to light in a recent 37-page report commissioned by Cincinnati's Hebrew Union College-Jewish Institute of Religion (HUC). The report determines that for over thirty years, figures in positions of power harassed and assaulted women at the Reform movement's rabbinical school. While trusted with ordaining generations of rabbis at seminary, those named in public allegations now join the broader #MeToo movement. An investigation is ongoing. Read on for the full details. Hebrew Union College Hebrew Union College-Jewish Insitute of Religion (HUC) is a four-campus international institution of Jewish higher education. It serves as a seminary for Reform Judaism. The school formed over 140 years ago as an opportunity for men and women to pursue participation in their faith. Unlike more traditional and orthodox forms of Judaism, Reform Judaism does not separate men and women in worship and services. This means the church engourages both men and women to sit together, perform prayers, and study to become religious leaders specializes in educating the Reform Movement's rabbis, cantors, educators, graduate scholars of all faiths, and nonprofit management professionals. The Cincinnati campus specifically offers enrichment resources such as: The Klau Library - the second largest Jewish library in the world The Skirball Museum The B'nai B'rith Klutznick Museum art collection The Jacob Rader Marcus Center of the American Jewish Archives Sexual Harassment and Misconduct at Hebrew Union College: The Facts ( ) 0 2/22/25, 7:04 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 1/8 While classroom learning and augmented internship opportunities have drawn students of the Jewish faith to learn on campus, recent sexual harassment and abuse allegations have brought to light \"an ingrained culture of favoritism and politics.\" Additional allegations of LGBTQ+ discrimination, racial discrimination, and bullying have resulted in a thorough review of campus conduct. The Report The 37-page report on the sexual harassment accusations was released in early November on HUC-JIR's website. Philadelphia law firm Morgan Lewis produced the report independently over the course of five months. This report occurred due to a commission by a special committee of the board of governors for Hebrew Union College of Cincinnati in light of several accusations posted to social media. The death of philosophy professor Dr. Michael Cook ignited accusations of sexual misconduct, gender bias, and abuse of power by the administration. The report names six faculty members (four currently deceased) guilty of sexual violence. After interviewing 170 past and present faculty, staff, and students from the seminary, the report concluded that faculty members exhibited behavior such as: Forcible kissing or sexual touching \"Off-color\" jokes Alleged romantic and sexual relationships with students Comments about \"breasts and penis size\" Comments about their weight, appearances, pregnancies Favoritism Disrespect Rampant gender discrimination Most students confirmed that they did not feel comfortable reporting the sexual harassment to faculty or administration due to fears of retaliation. The allegations were reviewed against the school's handbook. Investigators determined them to be in direct violation of the school's policies. The Victims While the alleged abuse occurred over a period of thirty years, the experiences are still quite fresh and impactful to those involved. Students note fewer female faculty members at the Cinncinati campus compared to other branches. During interviews with students and victims of ( ) 0 2/22/25, 7:04 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 2/8 harassment and assault, the following themes were \"discovered\" by investigators: Abuse of power by select members of administration and faculty, and fear of retaliation by the victims or potential reporters of the abuse Enabling misconduct by administration and teachers due to lack of discipline Rampant favoritism towards male students \"Academic gatekeeping\" by select members of the administration and faculty Unprofessional and disrespectful \"tone at the top\" by select members of the Board of Governors Inconsistencies in campus cultures Guilt across the student body while feeling as if they did not do enough to stop the abuse Lack of education and awareness of HUC's campus policies against sexual harassment Interviewees noted instances of inappropriate commentary. One former student remembered an interaction with a professor when he commented \"a sermon should be like a woman's skirt: long enough to cover the subject, but short enough to keep it interesting\" during her first class at HUC. The Cincinnati campus was specifically identified as \"the center of the 'old boys' club' mentality at HUC-JIR.\" These complaints spanned as far back as 1970- - making a 37-page case for further action. It is additionally important to note that both male and female interviewees reported experiencing gender discrimination and bias. The Alleged Abusers Six faculty members were identified as contributing heavily to a culture of rampant sexual harassment. Four are currently deceased. Though the report found that most complaints were left unreported, some instructors recognized for their inappropriate behavior were left to teach without consequence. Rabbi Alfred Gottschalk Rabbi Alfred Gottschalk's name is at the top of the list of reports and campus rumors. Female rabbis and students acknowledged him as a \"womanizer\" who regularly persuaded female students to join him at his apartment. Once in his private residence, he would proposition them or ( ) 0 2/22/25, 7:04 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 3/8 proceed to sexually assault them. One former student informed interviewers that Gottschalk once \"placed her hand on his penis.\" Another student shared a similar story, stating that the rabbi had \"pinned her against a wall and forcibly kissed her.\" Mary Zamore, leader of the Women's Rabbinic Network, called out Gottschalk during a presentation this summer. Her own personal experience with Gottschalk prompted her to speak out while attending the conference about \"repairing moral injury.\" Zamore shared that she had only just begun her training when a classmate confided in her regarding Gottschalk's conduct. \"Refusing him, she feared for her academic position and future in the rabbinate,\" Zamore shared in her conference presentation. She noted that this behavior occurred in a repeated pattern. Female students learned, \"not to enter his office alone.\" Though he was reported, disciplinary action was not taken by the college. Rabbi Sheldon Zimmerman Rabbi Sheldon Zimmerman, president and then chancellor of Hebrew Union College-Jewish Institute of Religion, served the college until 2000. During his tenure from 1997-2000, reports show that he harassed and assaulted women at the seminary. The administration suspended Zimmerman in 2000, thereby ending his tenure at the college. Rabbi Michael Cook The death of philosophy professor Dr. Michael Cook sparked the initial reports on social media. The New Testament scholar died in April 2021, sparking allegations on Facebook. These allegations eventually led to the initial investigation into Hebrew Union College. Stephen Passamaneck Stephen Passamaneck, a professor of rabbinic literature, was found to have stored pornography on his school computer. Passamaneck retired in 2013. Bonia Shur Bonia Shur, former composer and director of liturgical arts and music at the Cincinnati campus of HUC, is listed as allegedly touching and forcibly kissing female students. Interviewees note comments of a sexual nature toward students and a general abuse of power that was widely known amongst the student body. Shur died in 2012. The former composer worked at Cincinnati's campus from 1974 to 2003. ( ) 0 2/22/25, 7:04 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 4/8 Steven Cohen Steven Cohen resigned in 2013 after an investigation found him guilty of sexual misconduct. In addition to HUC, Cohen resigned from his place as director of the Berman Jewish Policy Archive-- an affiliate of Stanford University. Within the investigative report, recorded misconduct included: Inappropriate touching and grabbing Sexual propositions and advances Inappropriate sexual remarks Cohen did not deny the allegations. He released a statement in 2018 apologizing for his actions. Board Recommendations The investigation report prepared by the law firm urges the seminary board to hold an optional \"reordination ceremony, or something similar\" for rabbis who felt that their ordination had been tainted. The report recommends additional changes, including establishing clear policies for reviewing allegations. It also recommends revoking the ordination of rabbis found to have committed any kind of abuse. It also recommends \"teshuva, or repentance\" for those involved. Resources for Victims of Sexual Harassment The school has confirmed they will be pursuing a plan of action by December 14th. Sue Neuman Hochberg, Board of Governors Chair, released the following statement on behalf of the board: \"By engaging a respected third-party investigative body and undertaking a serious and wide-ranging investigation into sexual misconduct and discrimination past and present has acted with integrity and has helped set a standard for other legacy organizations within and outside of the Jewish world. The work of repair is long and this investigation, with its lengthy and detailed report and recommendation, is a notable and important step in that ongoing process.\" If you are a victim of sexual harassment, there are trained professionals available to help. Call the National Sexual Assault Telephone Hotline at 1-800-656-4673 to connect with a counselor today. ( ) 0 2/22/25, 7:04 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 5/8 Browse Courses About Dr. Danielle Kelvas Dr. Kelvas earned her medical degree from Quillen College of Medicine at East Tennessee State University. ( ) 0 2/22/25, 7:05 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 6/8 Learn More Search for: Search Bloodborne Pathogens Covid-19 Compliance Enforcement Privacy Violations Infection Control Sexual Harassment Training Breach Violations About Us Privacy Policy Terms of Service For Businesses Category ( ) 0 2/22/25, 7:05 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 7/8 [email protected] Phone: 888-362-2288 \u00a92025 All Rights Reserved. ( ) 0 2/22/25, 7:05 Sexual Harassment and Misconduct at Hebrew Union College: The Facts Exams 8/8", "8799_105.pdf": "Reform Jewish seminary report uncovers 50 years of sexual misconduct (RNS) \u2014 The report shows many of its rabbinical students said the seminary had an \u2018old boys\u2019 club\u2019 mentality that allowed sexual harassment against women and students to fester. Most Popular You've read 0 of 5 of today's most popular sto Trump's pick to run White House Faith Office sparks theological turf war Criticize the late Chabad Rebbe at your peril 'The pope is fine,' doctors say, but not out of danger yet Trump\u2019s Catholics and the gospel AdChoices Sponsored Covering the world of religion. Donate \uf002 1 2 3 4 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 1/7 The campus of Hebrew Union College-Jewish Institute of Religion in Cincinnati in January 2019. (Photo by Warren LeMay/Wikimedia/Creative Commons) By Yonat Shimron November 9, 2021 wide-ranging investigation of sexual misconduct in the Reform Jewish movement\u2019s seminary, Hebrew Union College-Jewish Institute of Religion, found extensive sexual harassment and discrimination on the basis of sex and gender over the past five decades. The report, conducted by independent law firm Morgan Lewis and released to the public Tuesday (Nov. 9), names six former professors who investigators said had engaged in sexual misconduct with students. Two of the six also served as seminary presidents. Morgan Lewis spoke with 170 witnesses and reviewed hundreds of documents detailing allegations of harassment and discrimination at all four of the seminary\u2019s campuses \u2014 Cincinnati, New York City, Los Angeles and Jerusalem \u2014 dating back to the 1970s 60 years after Malcolm X's killing, his message can't be silenced or ignored Latest News \u2018The pope is fine,\u2019 doctors say, but not out of danger yet By Claire Giangrav\u00e9 Trump\u2019s executive order worries abortion foes By Bob Smietana Listen to this article 5 AdChoices Sponso 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 2/7 The Women\u2019s Rabbinic Network, an independent organization of 600 female-identified rabbis in the Reform movement, congratulated the seminary for its detailed report and recommendations. \u201cWe never thought this day would come,\u201d Rabbi Mary Zamore, director of the network, told Religion News Service. \u201cThere\u2019s a mix of gratitude and pain and shock. The report is very difficult to read. At the same time there\u2019s so much hope in this at the level of transparency. We hope this is going to be a positive step forward.\u201d Reform Jews will mark the 50th anniversary of women in the rabbinate this June. But, as the report shows, many of its rabbinical students said the seminary had an \u201cold boys\u2019 club\u201d mentality that allowed sexual harassment against women and students to fester. The seminary investigation is one of three in the Reform movement and the first to issue its conclusions. The other two are the Central Conference of American Rabbis, the Reform movement\u2019s rabbinic organization, and the Union for Reform Judaism, which is the congregational arm of the movement. RELATED: As Reform Jews investigate themselves, a reckoning over sexual abuse grows Taken together, the investigations signal a desire for a new level of ethical accountability on sexual misconduct and gender discrimination in the Trump renamed the Gulf of Mexico. Pro-Israel Christian groups hope the West By Bob Smietana, Yonat Shimron, and Jack Jenkins Sarah Lund provokes readers to see the neurodiversity in God and Scripture By Audrey Thibert Israeli Jews shaken by presumed deaths of Bibas family, look to properly honor t By Michele Chabin AdChoices Sponsored Opinion Why are American evangelicals not backing their counterparts in Ukrain (RNS) \u2014 Today\u2019s Christian right is an unfamiliar force with its own distinct, and often Hamas killed the Bibas children. We should scream to the heavens. (RNS) \u2014 \u2018There are no words have words, but they are unprintable As third anniversary of war looms, Ukrainian Catholics cling to hope (RNS) \u2014 \u2018Everything is first of all in the hands of God and only He can perform a mirac 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 3/7 largest U.S. Jewish denomination, with some 850 affiliating congregations. The Conservative Jewish movement is also in the midst of an investigation into sexual misconduct in its youth organization. Hebrew Union College, which enrolls 430 students, launched the investigation earlier this year after the death of Michael Cook, a professor who was credibly accused of sexual misconduct and whose April funeral brought up a lot of anger from women he is alleged to have harassed. Elana Wien, executive director of Network, a group that advocates for gender equity in Jewish institutions, said sharing the report publicly was groundbreaking hope this is a model, not just for other entities within the Reform movement and other Jewish movements, but also other faith communities and communal institutions in the secular world as well,\u201d Wien said. The report details multiple comments and actions against women and students. One woman who was ordained in the 2010s recalled that in her first class, the teacher commented that \u201ca sermon should be like a woman\u2019s skirt: long enough to cover the subject, but short enough to keep it interesting.\u201d Several women told investigators they had been told to lose weight because Podcasts Saved by th Kaitlyn Schiess offers some perspective on the use and abuse wisdom for when you want to pick the Good Book up again. Martini Jud (RNS) \u2014 Protesting God is not irreligious. It is a form of intima The State of Host Rev. Paul Brandeis Raushenbush talks with Rev. Dr. Jacq Church in New York City, about what the Black Church and th these challenging times When are we allowed to yell at God? (RNS) \u2014 Protesting God is not irreligious. It is a form of intim AdChoices Sponsored AdChoices Sponso 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 4/7 being heavy purportedly would negatively affect their job prospects. But the report also details a graver set of allegations that faculty members forcibly kissed and/or groped female students, offering to give them massages or looking down their blouses. One woman reported she had a sexual relationship with Cook while she was a student at in the late 1970s and early 1980s, for example. She said Cook invited her to his office to discuss a test she had failed, and the relationship turned into one in which they repeatedly had sex in his office over the course of the next three and a half years. Another, who served as president and later chancellor of the seminary, Alfred Gottschalk, allegedly invited women to his apartment or hotel room to proposition the students and touch or kiss them. He died in 2009. The report recommends engage in a truth and reconciliation process, as well as revise its sexual misconduct policies. It also suggests the seminary remove endowed chairs, statues and other recognitions that memorialize wrongdoers and even conduct an optional re-ordination ceremony for those who were ordained by known harassers. Zamore said she believed the seminary would undertake the recommendations outlined in the report Give Treasure, Reap Reward: Jerre Stead former of 10 public companies talks about the work a Loose Reins, Tight Factions: The Southern As the Southern Baptist Convention\u2019s Executive Committee political alignment and financial oversight reveal a denomina Newsletters AdChoices Sponsored Subscribe now to get RNS\u2019s free email newsletters, featuring the latest an Web, delivered directly to your email inbox Email Address More on Institutions Who are Ismaili Muslims and how do their beliefs relate to the Aga Khan\u2019s work Pope has respiratory tract infection, is in fair condition and runn Vatican says Israel threatens \u2018all hell will break loose\u2019 on Hamas in latest Gaza ceasefire crisis Pope rebukes Trump administration over immigrant deportatio directly at Vance 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 5/7 would not be surprised if more people now come forward,\u201d she said. \u201cMy expectation is that this spurs more discussion and more discovery.\u201d RELATED: Israeli police protect women\u2019s prayer group from ultra- Orthodox protesters Education Faiths Institutions Judaism Leaders & Institutions News Help us continue our bold reporting on religion believes that matters of faith and spirituality aren't just important; they shape our world. That's why we're committed to reporting on all the world's religions, and showing how faith, and faith leaders, affect policy, politics, education, science, and almost any other issue you may care about. As a nonprofit newsroom, we depend on readers, just like you, for our support. If you value the articles, commentary and podcasts we provide, consider making a donation today to ensure we can keep the news coming in 2025. Deborah Caldwell and Publisher 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 6/7 Donate today 2/22/25, 7:05 Reform Jewish seminary report uncovers 50 years of sexual misconduct 7/7", "8799_106.pdf": "19\u00b0 Cincinnati Flood Warning Is In Effect \uf00d \uf0c9 Watch Video FOX19 Now Apps (WXIX) - An investigation at Hebrew Union College found credible allegations of sexual harassment and other forms of misconduct going back decades. The report calls out the school\u2019s Cincinnati campus, where Reform Judaism was founded more than 140 years ago, as the center of an \u201cold boys\u2019 club\u201d mentality. The school\u2019s board of governors commissioned the report earlier this year after allegations surfaced on social media concerning a recently deceased and well-known professor, Dr. Michael Cook. The board hired Morgan Lewis, a multinational law firm headquartered in Philadelphia, to look into the allegations against Cook as well as other information brought to the board\u2019s attention. Report details decades of sexual harassment allegations at Hebrew Union College The report calls out the school\u2019s Cincinnati campus as the center of an \u2018old boys\u2019 club\u2019 mentality. By Brian Planalp Published: Nov. 19, 2021 at 5:20 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 1/7 The investigation lasted five months, during which Morgan Lewis reviewed hundreds of documents alleging misconduct and conducted interviews with 170 witnesses, victims and survivors of alleged mistreatment. The board released the 37-page report this week. It is included in full at the bottom of this story. Rabbi Rick Jacobs, president of the Union for Reform Judaism, called the findings \u201cpainful and deeply concerning.\u201d The report recounts \u201cserious and credible allegations of gender and other forms of discrimination, sexual harassment, favoritism, intolerance, and disrespect occurring over decades,\u201d said Board Chair Sue Neuman Hochberg. The report supplements Hochberg\u2019s list with allegations of LGBTQ+ discrimination, racial discrimination and bullying. Both men and women described gender discrimination or bias they experienced or witnessed. \u201cThe most prevalent comment we heard was of a \u2018good old boys\u2019 mindset across all of HUC\u2019s campuses,\u201d the report reads. Of HUC\u2019s four campuses\u2014the others being in New York, Los Angeles and Jerusalem\u2014the report criticizes the Cincinnati campus as being uniquely discriminatory. \u201cFormer students and faculty noted that historically, there were very few openly gay students who elected to go to the Cincinnati campus and that there are fewer female faculty members there than on other campuses due to a reported history of gender discrimination,\u201d the report reads. The sexual harassment allegations \u201cranged from forcible sexual touching to off-color jokes and comments about breasts and penis size,\u201d the report says. \u201cWhile the more serious allegations concern conduct occurring before 2000, we also heard about more recent harassment and boundary- crossing behavior. Numerous students told us that they did not report sexual harassment to faculty or the administration because they feared retaliation.\u201d Sexual harassment allegations were made against Cook as well as former faculty members Dr. Steven Cohen, Dr. Alfred Gottschalk, Dr. Stephen Passamaneck, Bonia Shur and Rabbi Sheldon Zimmerman. Zimmerman resigned from in 2000 reportedly due to allegations of \u201cinappropriate\u201d behavior toward an underage congregant. Cohen resigned from in 2018 reportedly following a sexual misconduct investigation. Specific allegations of sexual harassment include a professor opening his door to a female student naked and attempting to touch her. Faculty members are also accused of forcible kissing and groping students as well as looking down their blouses. One interviewee is quoted as saying that in her first class at HUC, the teacher commented \u201ca sermon should be like a woman\u2019s skirt: long enough to cover the subject, but short enough to keep it interesting.\u201d Others described situations where male faculty and administrators commented on female students\u2019 attires and weights. The investigators found the following \u201ccommon themes\u201d during interviews: Abuse of power by some administrative leaders and faculty, and fear of retaliation by the reporters or would-be reporters of that abuse; enabling behavior by some faculty and administrators, in which individuals were not held accountable or disciplined for their misconduct; a culture of favoritism towards male students fostered by some administrators and faculty members; (4) academic gatekeeping by some faculty members; a disrespectful \u201ctone at the top\u201d by some members of the Board of Governors who have served during the past decade; differences in campus cultures; pain and guilt that some former students (as well as some former faculty) feel as a result of their experiences at and their sense that they did not do enough to protect later generations of students; and lack of awareness of HUC\u2019s procedures for reporting misconduct and inadequate and/or ineffective record-keeping for complaints and investigations. \uf057 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 2/7 -- 11.04.21 contributed by FOX19 (WXIX/FOX19) p. 1 File Text Pages Notes Search Sections Fit width Page 1 of 40 See a spelling or grammar error in our story? Please include the title when you click here to report it. Copyright 2021 WXIX. All rights reserved. \uf057 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 3/7 Most Read 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 Amusement Park Equipment \| search ads \| Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More SearchPad \| Sponsored Luxury Sofa \| Search ads \| Sponsored Laser Cutting Machines \| Sponsored Top 10 Best Laser Cutting Machines 2024 (See Prices) Search Now Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices \uf144 \u2018Truly heartbreaking\u2019: 13-year-old student shot to death \uf057 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 4/7 \uf144 31-year-old man killed in East End crash \uf144 3 shot and killed outside driver licensing office in Louisville \uf144 Deceased man\u2019s belongings thrown out before family could get them, brother says \uf144 Funeral held for 2 kids who froze to death in a van as family is promised a home \uf144 15-year-old accused of gunning down the man charged with beating his mom \uf144 Hospital patient charged after \u2018brutally\u2019 attacking nurse, breaking \u2018every bone\u2019 in her face, deputies say \uf144 Priest says someone is impersonating him, offering exorcisms \uf057 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 5/7 Latest News \uf144 Mercy Health warms hearts bringing patients and their doctors together ends \u2018DEI\u2019 initiative as federal mandate looms \uf144 Police release body cam footage from Fairfax murder case \uf144 Evendale police conduct independent review of the response to neo-Nazi demonstration \uf144 Pop-up show to highlight Black-owned businesses, artisans \uf144 \u2018Truly heartbreaking\u2019: 13-year-old student shot to death \uf144 Ohio Task Force 1 returns after search and rescue missions Kentucky \uf057 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 6/7 \uf144 Springfield\u2019s Haitian community forced to leave this summer \uf057 Public Inspection File Applications FOX19QUESTIONS@FOX19NOW 513-562-2405 Terms of Service Privacy Policy Report Advertising Digital Marketing Closed Captioning/Audio Description 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 Careers Contact the Newsroom 635 West Seventh Street Cincinnati 45203 (513) 421-1919 2/22/25, 7:05 Report details decades of sexual harassment allegations at Hebrew Union College 7/7", "8799_107.pdf": "Jerusalem Post Diaspora Advertisement American reform rabbis group finds late rabbi ducked abuse complaints Rabbi Michael Cook resigned from the to avoid investigation into abuse claims against him. By 24, 2021 02:04 Sometime while Rabbi Michael Cook was teaching Reform rabbinical students in 2000, two rabbis who had studied under him lodged formal complaints with Rabbi Michael Cook teaches a class at Hebrew Union College in Cincinnati in 2016. (photo credit JTA) Listen to this article now 1.0x Powered by Trinity Audio 00:00 06:55 10 10 2/22/25, 7:05 American reform rabbis group finds late rabbi ducked abuse complaints - The Jerusalem Post 1/2 their shared professional association alleging that he had been abusive. But before the rabbinic association, the Central Conference of American Rabbis or CCAR, took any action, Cook resigned. The move cut him off from the Reform movement\u2019s job hiring process \u2014 but also allowed him to evade an investigation that could have resulted in a public expulsion. No longer a member of the CCAR, Cook continued serving as a professor at Hebrew Union College-Jewish Institute of Religion in Cincinnati, working with rabbinical students in his charge. It was not until his death last March that he was publicly accused of misconduct, which helped trigger a reckoning over the handling of sexual abuse allegations within the Reform movement. Top Articles Read More Read More \u25be 2/22/25, 7:05 American reform rabbis group finds late rabbi ducked abuse complaints - The Jerusalem Post 2/2", "8799_108.pdf": "(JTA) \u2014 Sexual harassers led the Reform movement\u2019s rabbinical school for more than three decades, according to an explosive new report commissioned by the school. Rabbi Alfred Gottschalk, the president and then chancellor of Hebrew Union College-Jewish Institute of Religion from 1971 to 1996, and his successor, Rabbi Sheldon Zimmerman, who served until 2000, both harassed and assaulted women at the seminary, according to the report. While the allegations that led to Zimmerman\u2019s suspension in 2000 had broken into public view earlier this year, Gottschalk had never before been named in public allegations. In addition to leading the institution and teaching students, the men were also responsible for ordaining generations of Reform rabbis. Gottschalk and Zimmerman are among six prominent former male employees of the seminary to be named in the report, the outcome of an independent investigation into the school\u2019s past handling of sexual abuse allegations. The investigation is one of three launched simultaneously into the Reform movement\u2019s institutions, years into the broader #MeToo societal reckoning 6 men and a \u2018good old boys\u2019 culture harmed students at Reform movement\u2019s rabbinical school, report concludes \u201cThe pain that many witnesses have harbored based on their experience at \u2014 some for decades \u2014 was palpable,\u201d the report says. By and November 9, 2021, 4:16 pm Hebrew Union College-Jewish Institute of Religion has announced plans to accept students with non-Jewish partners. (Photo by ajay_suresh, creativecommons.org/licenses/by/2.0>, via Wikimedia Commons) 2/22/25, 7:06 6 men and a \u2018good old boys\u2019 culture harmed students at Reform movement\u2019s rabbinical school, report concludes \| The Pittsburgh Je\u2026 1/3 Over the course of the inquiry, investigators retained by the law firm Morgan Lewis spoke to 170 past and present faculty, staff and students from the seminary who answered an open call for participation. The conversations revealed that while conditions at the seminary have improved in recent years, a \u201cgood old boys\u2019 mindset\u201d existed for decades across the school\u2019s four campuses in the United States and Israel harmed generations of Reform rabbis and professionals. Many of the women interviewed described facing critical comments about their weight, appearances, pregnancies and very presence in a rabbinical school that ordained its first woman in 1972, under Gottschalk. Students and faculty alike recalled discrimination against queer students. Other interviewees said they felt that official complaints of harassment would not lead to accountability. \u201cThe pain that many witnesses have harbored based on their experience at \u2014 some for decades \u2014 was palpable,\u201d the report says. \u201cMany witnesses broke down in tears, while others commented on the years they have spent in therapy.\u201d The seminary will take the findings seriously and will act on them, according to Sue Neuman Hochberg, chair of the board of governors. \u201cNumerous members of the community described the lasting harm caused to them from conduct that is antithetical to the core values of this institution and, quite simply, unacceptable,\u201d she said in a statement. She added, \u201cWe respect their courage and willingness to share painful memories, and we commit ourselves to honoring what we heard from them.\u201d Because they heard so many allegations \u2014 about discrimination on the basis of gender, race and LGBTQ+ status; sexual harrasment; and bullying \u2014 the investigators could not verify all of them, according to the report. Instead, they focused on a small number of men against whom \u201crepeated and credible allegations\u201d were made. Of the six men named in the report, four are dead. They are Gottschalk; Rabbi Michael Cook, a New Testament scholar whose death in April elicited allegations on social media that became one trigger for the investigation, according to the report; Stephen Passamaneck, a professor of rabbinic literature who retired in 2013 and whose misdeeds, the report says, included filling his computer with pornography; and Bonia Shur, a liturgy professor in Cincinnati who was widely known to have touched female students forcibly. The two who are living \u2014 Zimmerman and Steven Cohen, a prominent sociologist who resigned in 2018 after an investigation found that he was guilty of sexual misconduct \u2014 have previously been the subjects of public allegations. Investigators looked into what action, if any, had been taken when students reported misconduct in the past. In some cases, they found no evidence of formal complaints, suggesting that students may have chosen not to register their concerns. In others, as with Passamaneck, they found that people who were sanctioned repeatedly for inappropriate behavior were still allowed to teach courses. Among the allegations the investigators heard consistently was that Gottschalk was widely understood to be a \u201cwomanizer\u201d who routinely pressured female students to come to his apartment, where he would proposition them \u2014 or worse. One former student recalled Gottschalk placing her hand on his penis, and another told the investigators that he had pinned her against a wall and forcibly kissed her. Until this summer, Gottschalk\u2019s behavior was the subject only of a whisper network of female rabbis who recounted uncomfortable and inappropriate experiences with him. Then, in June, Rabbi Mary Zamore, executive director of the Women\u2019s Rabbinic Network, a group of Reform rabbis who pressed for accountability around sexual abuse, named him during a presentation at a conference about repairing moral injury. Zamore recalled that she was only a few weeks into her rabbinical training, studying at the campus in Jerusalem, when a classmate told her that Gottschalk had pressured her twice for a date. \u201cRefusing him, she feared for her academic position and future in the rabbinate,\u201d Zamore recalled in her conference presentation. 2/22/25, 7:06 6 men and a \u2018good old boys\u2019 culture harmed students at Reform movement\u2019s rabbinical school, report concludes \| The Pittsburgh Je\u2026 2/3 This behavior turned out to be not a singular instance but a pattern made known through private conversations among students was warned by other female students not to go to his office and to avoid being alone with him, whether it was a hallway or elevator,\u201d Zamore said. Six years went by, and the day of Zamore\u2019s ordination arrived. The ceremony required Gottschalk to lay his hand on her head. She dreaded being touched by him and felt it was a \u201ctravesty\u201d that classmates who had been harassed by him would have to be ordained this way. What should have been a sacred moment was instead a \u201ctorturous\u201d experience, she said. At least one student was ordained privately to avoid having Gottschalk lay his hands on her, according to the report. With many of his former students in the rabbinate today, Gottschalk left behind a legacy of moral injury, a type of trauma that can be born of betrayal by a trusted authority, Zamore said. \u201cSurvivors have shared their ambivalence about becoming a rabbi after a rabbi has hurt them,\u201d Zamore said in her presentation. \u201cMany of their narratives include outrage over being ordained by their harasser.\u201d The investigation report urges the seminary to hold an optional \u201creordination ceremony, or something similar\u201d for rabbis who felt that their ordination had been tainted. It recommends a slew of other changes, including setting up new systems for reviewing allegations and exploring the possibility of revoking the ordination of rabbis found to have committed abuse. It also encourages the school to engage in a process of \u201cteshuva, or repentance.\u201d Zamore had expressed optimism amid the launch of the Reform movement investigations that a \u201creckoning\u201d was in progress. After reading the report, the Women\u2019s Rabbinic Network said the investigation was reassuring because it was comprehensive and transparent. The next step, the group said in a statement, was to implement the report\u2019s recommendations and others aimed at preventing future abuse from taking place and going unaddressed. \u201cBy engaging a respected third-party investigative body and undertaking a serious and wide-ranging investigation into sexual misconduct and discrimination past and present has acted with integrity and has helped set a standard for other legacy organizations within and outside of the Jewish world,\u201d the group\u2019s statement said. \u201cThe work of repair is long and this investigation, with its lengthy and detailed report and recommendation, is a notable and important step in that on-going process 2/22/25, 7:06 6 men and a \u2018good old boys\u2019 culture harmed students at Reform movement\u2019s rabbinical school, report concludes \| The Pittsburgh Je\u2026 3/3", "8799_109.pdf": "Decades of sexual harassment, misconduct found at Hebrew Union College Published 7:25 p.m Nov. 20, 2021 Updated 1:00 p.m Nov. 22, 2021 Editor\u2019s note: This story has been updated to correct the name of Bonia Shur, former director of liturgical arts and music at the Cincinnati campus of Hebrew Union College- Jewish Institute of Religion report released in early November by Hebrew Union College-Jewish Institute of Religion has found decades of sexual harassment accusations and other forms of misconduct across all four campuses of the Reform Jewish movement's seminary. The Cincinnati campus, in University Heights, was described in the report \"as having an engrained culture of favoritism and politics.\" The report, first published on HUC-JIR's website Nov. 9, was conducted independently by Morgan Lewis, a law firm in Philadelphia. Sexual misconduct, discrimination accusations span back to the 1970s special committee of the board of governors for reached out to Morgan Lewis in April after several reports of sexual misconduct and discrimination were posted on social media following the death of Michael Cook, a well-known professor at the Cincinnati campus. The accusations were directed at Cook and other faculty members of HUC-JIR. According to the report, at least 10 witnesses reported concerns about Cook, including alleged romantic and sexual relationships with students, harassment, hostility and lack of Kaitlin Lewis Cincinnati Enquirer 2/22/25, 7:06 Report details decades of sexual harassment at Hebrew Union College 1/3 support toward women. Cook was a philosophy professor at the Cincinnati campus from 1981 to his retirement in 2019. Morgan Lewis was asked by the special committee to \"review all allegations of misconduct, regardless of whether they already had been reported,\" according to the report. The investigation included 170 interviews with current and former students and faculty members, as well as reviewing HUC-JIR's handbook and relevant policies closer look: When does bad behavior turn into sexual harassment? The accusations heard by the law firm were found to span back to the 1970s. One of the overarching themes in reports of misconduct was the abuse of power by some administrators and faculty members. The investigation also focused on gender discrimination and sexism. \"Close to half of the individuals we interviewed, both current and former students and current and former faculty, described various forms of gender discrimination they believe they experienced or witnessed during their time at HUC-JIR,\" read the report. Multiple Hebrew Union college faculty members receive repeated accusations of sexual harassment The investigation found HUC-JIR's Cincinnati campus was \"the center of the 'old boys' club' mentality at HUC-JIR.\" Numerous interviewees reported that one Cincinnati faculty member between 2000 and 2010 held what was known by students as \"his 'boys club.'\" The rabbi in question allegedly selected a group of male students each year who received favorable treatment, including providing career advice and \"using his influence to provided professional opportunities.\" How sexual harassment starts on campus: One student's story Six faculty members were the subject of repeated accusations of sexual harassment, including two former faculty members from the Cincinnati college. Bonia Shur, former director of liturgical arts and music at the Cincinnati campus, was alleged to have inappropriately touched and forced kissing on students, as well as made sexual comments toward students. Shur, now deceased, worked at Cincinnati's campus from 1974 to 2003. 2/22/25, 7:06 Report details decades of sexual harassment at Hebrew Union College 2/3 Hebrew Union College to create 'plan of action' based on report's findings Andrew Rehfeld, president of HUC-JIR, called the findings of investigation \"a distressing and heartbreaking account.\" \"We are a Jewish institution committed to the ethical imperatives of our People and the foundational values of dignity and respect for all humans created in God\u2019s image,\" Rehfeld said in a letter posted along with the release of the report. \"While the bulk of the report and certainly the most egregious behavior occurred over a decade or even decades ago, our foundational values must remain constant.\" 3 things to know: Hebrew Union College and its president, Andrew Rehfeld In response to the report, Board of Governors Chair Sue Neuman Hochberg said that HUC- JIR's administration will create a plan of action by Dec. 14 that addresses the recommendations made by Morgan Lewis. The recommendations include surveying current students, faculty and staff to conduct a cultural assessment of the college. The report also suggests that establish clearer rules prohibiting harassment and other misconduct. 2/22/25, 7:06 Report details decades of sexual harassment at Hebrew Union College 3/3", "8799_110.pdf": "Jerusalem Post Diaspora Advertisement Sexual abuse, misogynist culture harmed students at Reform rabbinical school The Hebrew Union College-Jewish Institute of Religion employed sexual harassers and fostered a culture of sexism, racism and homophobia, according to numerous allegations. By 10, 2021 05:58 American, Canadian and Israeli flags are displayed in the S.H. and Helen R. Scheuer Chapel on the Cincinnati campus of the Hebrew Union College-Jewish Institute of Religion (photo credit MANORY) Listen to this article now 1.0x Powered by Trinity Audio 00:00 08:25 10 10 2/22/25, 7:06 Sexual abuse, misogynist culture harmed students at rabbinical school - The Jerusalem Post 1/2 Sexual harassers led the Reform movement\u2019s rabbinical school for more than three decades, according to an explosive new report commissioned by the school. Rabbi Alfred Gottschalk, the president and then chancellor of Hebrew Union College-Jewish Institute of Religion from 1971 to 1996, and his successor, Rabbi Sheldon Zimmerman, who served until 2000, both harassed and assaulted women at the seminary, according to the report. While the allegations that led to Zimmerman\u2019s suspension in 2000 had broken into public view earlier this year, Gottschalk had never before been named in public allegations. In addition to leading the institution and teaching students, the men were also responsible for ordaining generations of Reform rabbis. Top Articles Read More Read More \u25be 2/22/25, 7:06 Sexual abuse, misogynist culture harmed students at rabbinical school - The Jerusalem Post 2/2"}
7,925	Nasser Kashou	Wright State University	[ "7925_101.pdf" ]	{"7925_101.pdf": "By Josh Sweigart Aug 18, 2017 Nasser Kashou Suspended prof wants to teach off-campus Nasser Kashou denies allegations that he touched a student inappropriately. Local Local Elections Business Investigations Opinion Life Food Sports Obituaries Classifieds Log In 2/22/25, 7:07 Suspended prof wants to teach off-campus 1/7 suspended Wright State professor who is under a restraining order that keeps him from coming within 500 feet of a student who accused him of inappropriately touching her has asked the school to let him teach off-campus, according to university disciplinary records obtained by the Dayton Daily News. Those records show Nasser Kashou adamantly denies the allegations, claiming he was demonstrating his expertise in \u201cthe effects of touch to treat cancer, chronic pain, depression and social issues, etc.\u201d to a student last September. After an investigation by university police, Kashou was charged in Fairborn Municipal Court with sexual imposition, but pleaded guilty to misdemeanor disorderly conduct in April, putting him on probation and mandating he have no contact with the victim for two years. RELATED: Wright State professor resigns while under investigation Calls to Kashou\u2019s office and listed home numbers in Dublin, Ohio, were not returned, nor was a call to his attorney in the Fairborn court case. The student alleged that on Sept. 8, 2016, Kashou hugged her, rubbed her shoulders, pulled her shirt down and touched her chest, kissed her neck and tried to kiss her on the mouth, according to a Feb. 6, 2017, report of the investigation by Matthew Boaz, WSU\u2019s director of equity and inclusion. Boaz\u2019s report says a student should be able to meet with faculty \u201cwithout being touched, hugged, massaged, or kissed in a manner that feels \u201ccreepy\u201d and negatively impacts on the student\u2019s perception of her access to resources (at WSU).\u201d Kashou defended his actions in a Feb. 21 letter to Assistant Provost Steven Berberich. He said the student contacted him requesting a demonstration of his work in touch therapy and never expressed discomfort during the interaction. RELATED: Former Children\u2019s doctor indicted on sex charge would like to reiterate that throughout this entire session explicitly would ask permission before made any physical contact of any sort to make sure (redacted) was comfortable. (Redacted) explicitly indicated she was completely comfortable and her physical response or \u2018body language\u2019 mirrored that fact,\u201d he wrote. Advertisement Advertisement 2/22/25, 7:07 Suspended prof wants to teach off-campus 2/7 But in a March 3 memo, Berberich wrote that he found no \u201ccredible basis\u201d to conclude Kashou\u2019s actions were representative of his research. He found Kashou had violated university policy with female students on more than one occasion, including another incident in which he had a consensual but undisclosed relationship with a student, according to Berberich\u2019s report. Kashou responded that he had a consensual relationship with a 33-year-old student who was almost his age. Kashou was suspended with pay when the allegations surfaced. After the internal probe, he was told not to come back to work until he finished Title training and when he did return the university would prohibit him from conducting any physical contact demonstration without at least two observers present. But in April the university notified Kashou again that he was suspended with pay, noting that it had become aware of the restraining order against him. Explore Explore At least one administrator recommended tougher punishment. In a May 4 letter to interim- President Curtis McCray, the dean of the College of Engineering and Computer Science, Nathan Klingbeil, recommended that Kashou be placed on unpaid leave \u201cat the earliest possible date for \u2018personal conduct which presents a serious threat to health or safety of any person in the university community.\u2019\u201d Klingbiel recommended Kashou be placed on unpaid leave for a year and then, if the court order is still in place, be allowed to use personal leave without pay or be fired. Kashou responded with a four-page letter saying he isn\u2019t a threat to anyone and only pleaded to the disorderly conduct charge to bring the case to a close and continue with his career needs to know, that my primary concern was being able to return to work and was adamant on having a trial to prove did not commit the acts was accused of,\u201d he wrote. \u201cBut once the State of Ohio agreed to reduce my original charge to this low-level, non-serious offense decided to tender a plea just so could return to work.\u201d 2/22/25, 7:07 Suspended prof wants to teach off-campus 3/7 He followed up with a letter on June 8 suggesting he could comply with the court order and keep teaching if the university would accommodate him with an off-campus office and allow him to attend meetings electronically. Wright State officials contacted for comment said Kashou remains on paid leave, but did not answer any specific questions about the case. He is currently listed in Wright State\u2019s directory as an assistant professor of biomedical, industrial and human factors engineering. Kashou was paid $87,068 last year, according to the I-Team Payroll Project database of public employee pay Explore Explore Are black female inmates given smaller cells at county jail? Explore Explore County reaches $375K settlement with pepper-sprayed inmate Explore Explore County\u2019s review of questionable tax breaks slowed by appraisal appeals Explore Explore Amid panhandlng problem, group is on front lines fighting homelessness Explore Explore Feds won\u2019t charge Beavercreek officer in Walmart shooting Explore Explore Dayton group home owner could lose license over forgery conviction Continuing coverage 2/22/25, 7:07 Suspended prof wants to teach off-campus 4/7 This article is part of an ongoing examination into local campus safety and the ways in which local colleges and universities have handled accusations of sexual assault and misconduct on their campuses. For previous articles go to mydaytondailynews.com/campussafety. In Other News 1 Construction to resume on busy Miamisburg road following 2-month break 2 67-year-old woman found dead in house fire in Harrison Twp. ID\u2019d 3 Ohio records first juvenile flu-related death as hospitalizations... 4 Marble Slab Creamery & Great American Cookies is open in Huber Heights 5 1 dead after car goes off road, hits parked car, tree in Harrison Twp. About the Author Josh Sweigart is an investigative reporter at the Dayton Daily News. His stories have focused on government waste, fraud, abuse and accountability in southwest Ohio, as well as the statehouse and U.S. Capitol. Josh Sweigart Sign Up for Newsletters News Local Obituaries 2/22/25, 7:07 Suspended prof wants to teach off-campus 5/7 Weather Ohio Lottery Teacher Access Newsletters Newspaper Archives Customer Service Contact the Dayton Daily News Our Products Feedback FAQs Digital Help Center Work Here Marketplace Classifieds Jobs Cars for Sale HomesPlus Advertise Legal Notices Follow \u00a9 2025 Dayton Daily News. All Rights Reserved. By using this website, you accept the terms of our Terms of Use, Privacy Policy, CCPA, and understand your options regarding Ad Choices. 2/22/25, 7:07 Suspended prof wants to teach off-campus 6/7 Learn about Careers at Cox Enterprises. 2/22/25, 7:07 Suspended prof wants to teach off-campus 7/7"}
8,367	Linwood Vrolijk	Eastern Mennonite University	[ "8367_101.pdf" ]	{"8367_101.pdf": "Education Linwood Vrolijk Virginia college field hockey coach resigned on allegation of assaulting student In 1998, Linwood Vrolijk (b. 1965) resigned from Eastern Mennonite University (EMU), Harrisonburg, Virginia, after captains of the women\u2019s field hockey team he coached submitted a complaint of sexual assault on behalf of one of their players. In December 2016, another former field hockey player reported a sexual assault by Vrolijk to the Harrisonburg Police Department, along with two Mennonite representatives who filed additional secondary accounts reported to them confidentially. In early 2017 was asked by a former field hockey player to assist her in reaching out to other former team members declined to help her contact the other players or provide their alumni contact information. In February 2017, a community member contacted Eastern Mennonite School (EMS), a K-12 school in Harrisonburg, Virginia, after hearing that Vrolijk had gone on to coach there. Head of School Paul Leaman confirmed via email that Vrolijk was no longer coaching at EMS, but he declined to provide dates of Vrolijk\u2019s employment. According to Vrolijk\u2019s Facebook timeline, he was coaching boys\u2019 soccer at in 2012 and 2016, as well as coaching at Shenandoah Valley United in the fall of 2016. \u0000\uf118 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 1/6 Vrolijk\u2019s spouse Radella served on the board of EMS, and on its personnel committee. She also chaired the athletics Booster Club for many years. Church-related positions Basketball coach at Eastern Mennonite University, 1988\u20131993 Women\u2019s field hockey coach at Eastern Mennonite University, 1992\u20131993, 1995\u20131998 Boys\u2019 soccer coach at Eastern Mennonite School, Harrisonburg, Virginia Advisory board member of Walking Together for Christ Haiti with James Arbaugh (see case listing) Attends Lindale Mennonite Church, Linville, Virginia First-person accounts \u201cI, Anje\u201d (see Field Hockey subheading), Survivors Standing Tall, Jan. 31, 2018 Documentation Press release on Vrolijk resignation, Eastern Mennonite University, Nov. 30, 1998 \u201cVrolijk Leaves Royals; School Alleges \u2018Improper\u2019 Conduct,\u201d Harrisonburg Daily News- Record, Dec. 1, 1998 \u201cField Hockey Coach Resigns Due to Sexual Misconduct,\u201d The Weather Vane, Dec. 3, 1998 Click to view image Eastern Mennonite School (VA), Eastern Mennonite University (VA), Lindale Mennonite Church (VA) Virginia + \uf67f \uf276 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 2/6 Mennonite Church Virginia Mennonite Conference Educational leader Have updates to share with us? Get in touch if you have any other information, corrections, or documentation. Get in touch \uf054 \uf6ff \uf4ba \uf007 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 3/6 MAPwhite-01 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 4/6 Get updates Email * Cases Resources Reports About Opinion Contact 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 5/6 \u00a9 2025 Mennonite Abuse Prevention. All Rights Reserved. Photos by Jason Miller. Design by Spacious. \uf16d \uf39e Sign Up 2/22/25, 7:07 Linwood Vrolijk \| Mennonite Abuse Prevention 6/6"}
8,973	Joseph Tokosh	Nicholls State University	[ "8973_101.pdf", "8973_102.pdf", "8973_103.pdf", "8973_104.pdf" ]	{"8973_101.pdf": "The independent student news organization of Nicholls State University \uf09e \uf16d \ue61b \uf39e \uf002 Search The Nicholls Worth Radio La Pirogue Archive Contact Student Coupons Geography professor suspended immediately, students allege sexual harassment Sally-Anne Torres, Managing Editor \| March 27, 2023 An assistant professor of geography, who had previously said in an email to students that his contract would not be renewed because his grading was too lenient, has been suspended by Nicholls State University on the heels of multiple complaints against the professor and his alleged conduct with students. Assistant Professor of Geography Joseph Tokosh was suspended on March 25 from Nicholls State University, and it \u201cis absolutely not because of grade inflation,\u201d according to Paul Wilson, head of the department of history and geography, who sent an email to the instructor\u2019s students. According to a faculty source close to the investigation, the university first received a complaint on Tokosh in October 2022, alleging that Tokosh sexually harassed a student through social media. He also asked if he could pay her in exchange for allowing him to apply paint to her face. Another faculty source has confirmed that another formal Title complaint was submitted to the university last week in a separate matter.. In his email, Wilson wrote, \u201cif there\u2019s anything you need to share with me, please do not hesitate am a husband and father of two daughters, and take the concerns of Nicholls students quite seriously and do my best to assist and address them in a professional and ti l \u201d timely manner.\u201d The Nicholls Worth has received confirmed reports from multiple students who allege that Tokosh had them paint their faces in clown or other white make-up styles, an activity Tokosh once posted was a \u201cfetish\u201d of his. Tokosh has a Reddit page where he posted have a facepaint fetish and convince the cute girls in my classes to let me paint their faces. I\u2019m not very good but there is something about applying the thick white clown makeup on them that like started getting more and more adventurous painting one\u2019s entire body white!!\u201d He last posted to this account three years ago. The complaints arose from those students who felt uncomfortable by Tokosh\u2019s requests to take part in these activities, which included them donning clown makeup, or applying culturally-inspired face paints, such as Day of the Dead Skulls or the white makeup worn by geishas. Six female students spoke with the Nicholls Worth under the condition of anonymity confirming that Tokosh provided bonus credit, significant changes in their grades or even offered payment in exchange for students taking part in these activities. When asked about the practice by Nicholls Worth reporters prior to his suspension, Tokosh defended it by saying, \u201cThat class is cultural geography, and we talk about the different aspects of culture. That\u2019s an assignment in one of my classes where they actually come up with their own face paint and makeup design inspired by a culture.\u201d However, numerous students say he asked them to do the face painting in his office and not all of the students were in his cultural geography class. He told the students in his Geography 101 class that he would give them bonus points if they let him paint on their face. One student said that her grade went from a to an after he watched her friend paint on her face. Other students have come forward speaking about their interactions with Tokosh inside and outside of the classroom as well as on social media. The university declined to comment. My name is Sally-Anne Torres. I'm a junior at Nicholls State studying journalism have had a love for informing people about what is happening in the... Sally-Anne Torres, Editor-in-Chief Simoneaux delivers, Colonels return to win column Stifling second quarter sees Islanders defeat Colonels Mr. and Ms. Nicholls finalists announced Houma actor speaks on the historical significance of mass deportations Follow the Nicholls Worth and for updates on this developing story. Nicholls State University Suspends Geography Prof Nicholls State University Suspends Geography Prof\u2026 Leave a Comment About the Contributor Archive \u00a9 2025 Pro WordPress Theme by \u2022 Log in Nicholls\u2019 baseball game versus postponed Nicholls Students Lizbeth Tobias and Jax Badeaux join Young Democrats of Louisiana executive board Mr. and Ms. Nicholls Profiles Mr. and Ms. Nicholls Profiles Keep Nicholls Beautiful hosts Love the Boot Day 18-year-old Thibodaux native runs for Louisiana State Democratic Party Nicholls particpates in THRIVE! community outreach event Features", "8973_102.pdf": "Nicholls State professor resigns amid accusations of harassment, clown fetish Colin Campo Daily Comet Published 12:51 p.m March 31, 2023 Updated 11:33 a.m April 12, 2023 Nicholls State University assistant professor has resigned amid an investigation into sexual harassment allegations linking him to a clown fetish he may have imposed on students. According to Jerad David, director of communications for Nicholls, geography Professor Joseph Tokosh quit Monday Title investigation by the university into multiple accusations of sexual harassment involving face painting is underway. Tokosh has been a teacher at the school since October 2021. According to reporting by Nicholls Worth Managing Editor Sally-Anne Torres, six students told of how Tokosh would give them bonus points for allowing him to paint their faces. The Nicholls Worth is the campus newspaper. Bradley Price is a Nicholls online student who was part of Tokosh's Geography of East Asia class where one of the required assignments was for the student to photograph themselves getting their face painted in the style of a historically Japanese theme. \"You had to send in multiple pictures of how you did it from multiple angles and also write down the process of it,\" said Bradley Price. \"The relevancy he gave it was that it was a Japanese style of makeup; it was for students to get a better understanding of their culture.\" Price had a female friend paint his face for him. Once the assignment was complete Tokosh commented on the assignment that Price would receive bonus points if he convinced his female friend to paint her own face. Nicholls State University Add Topic 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 1/3 At the time, Price said he thought the comment was just weird, but since learning about the claims against Tokosh and seeing his social media accounts, the comment took on a darker tone feel frankly disgusted and disappointed that Nicholls couldn't do a proper background check on this professor because this is unacceptable,\" said Price. \"How could this have got past any reasonable check?\" Jaiden Valore said just before Tokosh left the school he told his Geography 103 class that the \"grade inflation task force\" was cracking down on him because his students' grades were too high. He and other students were discussing Tokosh on Yik Yak and then they stumbled onto his Reddit page. More Houma man declined treatment at a hospital, was then intubated and died Tokosh's Reddit account, which he hasn't posted under in three years, contains clown- themed images and videos. He has videos of young girls of undetermined ages wearing clown makeup, videos of him hitting young girls with Boston Cream pies, and images and videos of himself in clown makeup. \"And was like, 'Bro that's wild,'\" Jaiden said. \"I'm low-key sick to my stomach about it.\" In three different posts, Tokosh describes himself as having both a clown and a face painting fetish told my introductory-level college class that I've always had a strange liking for clowns. Some students said if they came to my office as clowns would give them bonus points,\" wrote Tokosh in sub-reddit r/trashy four years ago. \"Thinking it was a joke said yes. So today this student shows up wonder if she knows this is actually my fetish\u2026\" Nicholls Director of Compliance Tommy Ponson is spearheading the investigation. Even though Tokosh resigned, the investigation is moving forward and if criminal findings are uncovered, Tokosh could face charges, Ponson said. He could not comment on the ongoing investigation, but said once the investigation is complete there would be a hearing to review the findings. The panel will be composed of faculty, staff and students. The panel sends its recommendations to the university's vice president. 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 2/3 Ponson said if any student had a problem with a professor they should go to the department head to report it. If the department head isn't helpful, he or she should next go to the dean of the college. Tokosh's classes have been taken over by Department Head Paul Wilson and an adjunct professor. Nicholls State Communications Director Jerad David encouraged those made uncomfortable by Tokosh to contact the counseling center, which offers virtual and in-person appointments at (985) 448-4080 or [email protected]. More: New burger joint set to open in Thibodaux: Kajun Kidd Burger and Wings 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 3/3", "8973_103.pdf": "Former Nicholls State University professor Joseph Tokosh posted publicly about his clown fetish. Photo Illustration By Kyle Slagle Network College professor harassed students to quench 'clown fetish,' offering extra credit, cash ors miss the warning signs that allowed Joseph Tokosh to continue his act at three s? Chris Quintana and Colin Campo Published 7:12 a.m Aug. 31, 2023 Updated 9:29 a.m Aug. 31, 2023 The geography professor didn\u2019t hide his clown fetish or the fact that he sometimes indulged his urges by recruiting students as subjects. He posted regularly about it on social media have a facepaint fetish and convince the cute girls in my classes to let me paint their faces,\u201d he once wrote. Yet Joseph Tokosh held jobs at two colleges and was on the tenure track at a third before student journalists at Nicholls State University in Louisiana exposed his behavior. He submitted his resignation the same day their story was published. His interactions with students and open discussion of his fetish happened in both mainstream and tailored digital spaces. He popped into Facebook groups geared toward new students and niche forums on websites like Sexual Harassment Add Topic 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 1/9 Reddit. He posted videos on YouTube. In one Reddit post on a forum meant to highlight hard-to-believe stories, Tokosh posted pictures of several women in white face paint. Over the years, two students reported him to campus police; others complained online. He left Kent State University after pleading no contest to something different: a theft charge that involved entering his peers\u2019 offices without permission and taking a drive. Tokosh has not been charged with any other crime. Tokosh\u2019s career trajectory exposes inadequacies in the background check system that colleges and universities are supposed to have in place to protect students \u2013 especially when evidence of the concerning behavior resides largely on the internet. Nicholls State, for example, told Network reporters it does not routinely check social media for new hires felt like the school would want to know about it federal law intended to ensure the academic privacy of students also makes it difficult to determine how Tokosh was able to move so freely from campus to campus. Both Kent State and Northern Illinois University \u2013 where he taught while finishing his doctorate \u2013 noted Tokosh\u2019s protected status as a graduate student in declining to answer questions. Sophie Levan was a freshman at Kent State in 2017 when she encountered Tokosh, then 28, in a Facebook group intended as a gathering place for new students. Tokosh had offered cash to anyone willing to let him paint their faces. Levan, then 18, agreed. The money was appealing but the interactions soured. Tokosh, she said, insisted he come pick her up and take her to the building that housed the geography department, where he would paint her face. Uneasy, Levan stopped responding. Tokosh got angry and wouldn\u2019t give up, she said, which led her to file a police report felt like the school would want to know about it,\u201d Levan said thought maybe they could prevent anything bad from happening since other girls would go with him.\u201d She said there was never any followup from campus police \u2013 or anyone else Network reporters reviewed the experiences of six students who were the subject of Tokosh\u2019s attention going back to his time at Kent State. In addition to Levan, the other person who reported Tokosh to campus police could not be reached for comment. The two who expressed public concerns on social media told they never heard from their campus officials either attempted to reach Tokosh via phone, social media and a certified letter person answered a phone call to a number associated with Tokosh, but he hung up after the reporter identified himself reporter also reached someone who identified herself as Tokosh\u2019s mother. She said she would pass along that reporters were trying to reach him. 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 2/9 Tokosh told the Nicholls student journalists that he did have an assignment where students were required to paint their faces as part of a cultural exercise. Prior to the article in the student newspaper The Nicholls Worth, the university had already cut Tokosh loose. He said his contract was not renewed because he was the target of a \u201cgrade inflation task force.\u201d The university, however, \u201cdoes not have any such task force,\u201d according to Nicholls spokesman Jerad David. Tokosh also told students the face painting was a requirement in his cultural geography class to better understand other cultures. In a video interview with Hannah Robert, the station manager for the student-run TV, he says: \u201cThat's an assignment in one of my classes where they actually come up with their own face paint and makeup design inspired by a culture and they implement it.\u201d It\u2019s a well-established trend in the academic world for professors to bounce from one institution to another without having to disclose why they left their last post, said Julie Libarkin, an associate dean at Michigan State University. She has seen the pattern often in her work maintaining a database of publicly documented sexual misconduct by faculty and staff. As for grad students? Libarkin said people have requested she add them to her list, but universities\u2019 conservative interpretations of the law get in the way don\u2019t on purpose,\u201d she said, \u201cbecause that\u2019s information that almost never comes out.\u201d First warnings come at Kent State Tokosh arrived at Kent State in 2015 with bachelor\u2019s and master\u2019s degrees in geography from Indiana University of Pennsylvania, according to his curriculum vitae. He was working toward his doctorate and researched fading businesses. His work about shopping malls in the Rust Belt won several awards. Like many graduate students, he also taught classes. Then, Tokosh started showing up in the Facebook groups for new students. In a December 2017 post, an account under the name \u201cJoe Tokosh\u201d posted several pictures of women made up to look like clowns or skulls. \u201cIf anyone is looking for some extra cash am looking for people to practice facepainting on!\u201d he wrote will literally pay you!\u201d Those are the types of posts that caught Levan\u2019s eye. Not only was she pressed for cash, she was interested in movie makeup and thought the face painting could be fun based on the photos Tokosh had posted. But Levan said she soon realized that those images were stock photos and not representative of what Tokosh could do. What\u2019s more, she figured out that he was a graduate student, a fact she said he didn\u2019t disclose in his posts. When Tokosh offered to pick her up from her dorm, she refused. But, she said, Tokosh kept insisting she agreed to participate. Levan stopped responding to his messages and filed a police report with the Kent State police in January 2018. They advised her only to stop talking to Tokosh, she said, and let them know if \u201canything of consequence occurred.\u201d 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 3/9 Months after she refused to meet up and filed the police report, Tokosh texted a picture of himself wearing white face paint to her cellphone. It arrived at midnight and contained no message, although writing on his shirt read: \u201cI'm not a failure.\u201d \u201cThere was some negative intention with sending that photo,\u201d Levan said. \u201cIt\u2019s definitely burned into my mind.\u201d What Levan didn\u2019t know is that campus police had been put on notice a year earlier when another student filed a similar report. That student told police Tokosh reached out to her and her friends after they posted their numbers on a Facebook group for undergraduates. He would send \u201cget to know you\u201d messages, the police report said, and then ask the student if she was \u201cinterested in having her face painted for one of his class projects.\u201d When she found out Tokosh was a graduate student, she said no and eventually blocked him on Facebook and Snapchat, according to the report. Tokosh continued to text her. \u201cShe does not have any concerns for her safety, but just wanted this documented,\u201d the police report read. In July 2017, another student had retweeted a message from Kent State\u2019s Twitter account that asked for Kent State love stories. She wrote geography professor requested me on facebook and asked if he could paint my face like a clown.\u201d The student confirmed to that the professor was Tokosh and shared a screenshot of a Facebook friend request he sent her. She said she suspected Tokosh also found her on a freshman Facebook group because she posted there often. She said she tweeted to draw officials\u2019 attention to it and moved on but now wishes she had reported it officially. What did Kent State know about Tokosh? They won\u2019t say College campuses are supposed to offer students special protections from sexual harassment even when it falls short of criminal behavior. Title IX, often associated with equity in women\u2019s sports, also addresses \u201csex-based harassment, which encompasses sexual assault and other forms of sexual violence\u201d at schools that receive federal funding. Colleges infrequently and unevenly enforce the rule, however 2022 investigation found just one of every 12,400 students was suspended in connection with sexual misconduct. The student who shared her story online said the only response she received was from a graduate student in the geography department, who contacted her on Oct. 1, 2018. In an email, he wrote that he had seen her post and suspected he knew which faculty member had asked her about face painting brought it to the attention of some of our faculty because was pretty sure knew who it was, but they were certain it wasn\u2019t that individual and that you probably just meant geology,\u201d he wrote. He went on to reference another student being \u201capproached in (at least by just looking at your tweet) a much more aggressive way.\u201d The grad student asked the undergraduate for more information, but, she told TODAY, she didn\u2019t respond. She said she started drafting a reply, but a year had passed. She wanted to move on. 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 4/9 Kent State would not say whether any actions were taken after the students\u2019 reports, but Eric Mansfield, a spokesman for the university, said the police department confirmed that the students who filed police reports were provided with \u201cuniversity resources, which would include other non-criminal avenues to pursue (Counseling Services, Title IX, Center for Sexual and Relationship Violence Services, etc.) as a general police practice.\u201d Levan does not recall police offering her services, but she said she didn\u2019t want counseling. She wanted Tokosh investigated. Mansfield also said that the university monitors social media but that colleges \u201ccan\u2019t always see or track every mention on social media.\u201d Police records show that officers did investigate when Tokosh was accused of breaking into geography department offices blotter item in the local newspaper shows police obtained an arrest warrant in connection with a third-degree felony burglary charge. Court documents indicate Tokosh pleaded no contest to a theft on Oct. 19, 2018. Kent State would not explain what led to Tokosh\u2019s departure during that fall semester. Instead, the university said that since Tokosh was a graduate student, any information about him was protected by the Family Educational Rights and Privacy Act. It also would not say whether school officials shared Tokosh\u2019s disciplinary record with other colleges or even if it was standard practice to do so for grad students. \u201cDue to FERPA, student education records are private,\u201d said Emily Vincent, a university spokeswoman. \u201cAlso, we do not comment on personnel matters.\u201d What is the Family Educational Rights and Privacy Act? When Congress passed in 1974, its author, Sen. James L. Buckley of New York, said the intent was to protect the academic privacy of students and their families. In more recent years, Buckley has become critical of the law and how schools interpret it. He told the Columbus Dispatch in 2010 that \u201cthe law needs to be revamped.\u201d Survivors of sexual violence and students accuse universities of using the law to avoid negative media coverage. Students with a history of bad behavior may jump from one school to another without the public ever knowing about their histories. Law enforcement records don\u2019t fall under FERPA\u2019s purview, but a wide variety of questionable behavior does. One case involved Brandon Austin, who was accused of sexual assault at Providence College in 2013 while on the school\u2019s basketball team. But Providence College initially said Austin was suspended for violating the school\u2019s code of student conduct and declined to share further details with the Providence Journal, citing federal privacy laws. Austin denied wrongdoing and was not charged with a crime. Austin was able to transfer to the University of Oregon, where he was again accused of sexual assault, along with other players. Police investigated the claims, and the local district attorney declined to press charges. The 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 5/9 university expelled him anyway but raised when it declined to release records showing what Oregon knew about the allegations, according to the Oregonian. LeRoy Rooker was the director of the U.S. Education Department office that oversaw for more than two decades. Rooker, now a senior fellow with the American Association of Collegiate Registrars and Admissions Officers, said is not a confidentiality law \u2013 it is focused on education records. And it doesn\u2019t apply when a student is \u201cseeking or intending to enroll\u201d at another college. Therefore, Rooker said, Kent State could have shared information about Tokosh with Northern Illinois. Rooker also said would not have prevented Kent State from telling reporters if other universities had inquired about Tokosh, though they could not have disclosed what they shared. He blamed the overuse of the law on fear of being sued. \u201cIn this litigious age, institutions get a little wonky about whether they will forward, say, disciplinary records,\u201d Rooker said. \u201cOn the other hand, if you have something and you don\u2019t share it when you can and something happens at the next institution would say that\u2019s a big liability.\u201d Backgrounding, especially of social media, falls short Backgrounding job applicants has become increasingly complex. While most U.S. employers conduct background screening, according to trade group data, those inquiries typically focus on criminal history. Social media receives far less attention even though that is where people are most likely to share their unguarded thoughts. Undertaking a full review of a person\u2019s social media presence is more difficult than just checking an applicant\u2019s Facebook page. Does an applicant have an account on X, formerly Twitter? How about an account with Discord, an online platform frequented by gamers, where leaked Pentagon documents were recently shared? Or what about a Telegram account, a messaging platform popular among white nationalists? Further complicating things, it\u2019s common on sites like Reddit for users to adopt usernames and describe experiences with little to no ties to reality little digging, however, can turn up a lot of dirt. Tokosh has a LinkedIn page that includes his teaching stints at Northern Illinois University and Nicholls State University. His time as a student and instructor at Kent State is absent. For LinkedIn, a custom includes a play on his name and his chosen field of study: Joeography. Tokosh would later use that moniker in promotional materials for a class at Nicholls State. That is the same handle used on Reddit by someone with a special interest in face paint. 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 6/9 One post features a video of Tokosh throwing a pie at someone. Other posts mention a \u201cclown fetish.\u201d In a forum titled \u201cCreepy,\u201d he wrote convince pretty girls to let me paint their faces,\u201d along with a photo with multiple women in white face paint. That and other similar posts remained live for years until they were taken down after the Nicholls students published their story in late March Network reporters captured screenshots before they disappeared. With dates in 2019, the posts feature a young woman wearing a Kent State T-shirt. The material would have been available to administrators at Northern Illinois before the start of the fall 2019 semester. Joe King, a spokesman for Northern Illinois, said departments hiring new graduate students are \u201cnot required to check social media or investigate a disciplinary history.\u201d He added some departments may reach out to the graduate students\u2019 former advisers. King said he could not determine if the university was aware of Tokosh\u2019s behavior at Kent State. He said that due to FERPA, he could not share specifics about Tokosh\u2019s time at Northern Illinois, including whether students had complained about him. But there are signs the behavior continued YouTube account under the name \u201cJoe Tokosh\u201d included at least two videos in 2020 of a man throwing pies at women. One of the videos features a young woman also seen in the screenshots from Tokosh\u2019s Reddit account. Comments on one from October 2020 read: \u201cYou can have a video of her tied up getting pied via cash app.\u201d That video was viewed more than 30,000 times before it was turned off in late July, around the time a reporter reached out to Tokosh former Northern Illinois State student shared text messages exchanged with Tokosh in which he asked to paint her face on multiple occasions has agreed not to name her because she is concerned Tokosh might retaliate against her. In the text messages, Tokosh shared a photo of a young woman in white face paint \u2013 an image also posted to the Joeography Reddit account. She said she declined to do it but was aware that other Northern Illinois students had participated. By fall 2022, when he had moved on to Nicholls, Tokosh revealed to the student that he had required students in his cultural geography class to paint their faces. The Northern Illinois student asked Tokosh what he did with the photos, and she said he suggested that he might spin them off into a research project someday. She asked, had anyone complained? She said Tokosh responded: Why would they? 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 7/9 For student journalists, rumors start to take shape Many students would find a reason to complain, as Nicholls State student journalist Sally-Anne Torres learned firsthand. It started in January when one of her fellow reporters picked up an odd rumor: a professor was offering extra credit for students willing to paint their faces like clowns. Initially, Torres dismissed it because it seemed too unusual and there weren\u2019t a lot of leads to follow. By Feb. 7, university administrators informed Tokosh that his contract would not be renewed, according to an email obtained by via a records request. They gave no reason for the nonrenewal, but on Feb. 12, Tokosh emailed his students that the university was letting him go. He blamed his departure on giving too many A\u2019s. That seemed suspicious to Torres. During her reporting, she received a tip about Tokosh\u2019s Reddit posts in which he wrote of his \u201cclown fetish\u201d and how he enlisted his students to participate in it. \u201cIt wasn\u2019t just this innocent thing that a lot of these girls thought it was,\u201d Torres said. \u201cAs a professor or teacher, that is somebody students are supposed to trust. He used his power to ruin that trust and to do these things, and that made me angry for them.\u201d Torres spoke to six students who shared their experiences with Tokosh. Some, she said, were followed on Twitter by him while others opted into an extra credit assignment he offered. The women told Torres he sometimes giggled and laughed as they painted their faces in his office. On March 27, the Nicholls Worth published a story headlined, \u201cGeography professor suspended immediately, students allege sexual harassment TV, a student broadcast network, also aired footage in which Tokosh defended the assignment on camera. That same day, Tokosh submitted his resignation. The story\u2019s publication prompted other students to come forward about Tokosh and their frustration with the university. Bradley Price took an online class with Tokosh and said the professor required students to photograph themselves with their faces painted. Price said Tokosh told them the assignment was to help them understand Japanese culture, but then Tokosh offered him bonus points if he could get a female friend to paint her face. It seemed unusual at the time, Price said, because his friend wasn\u2019t in the class. It became more concerning to him on reading the student newspaper\u2019s report feel frankly disgusted and disappointed that Nicholls couldn\u2019t do a proper background check on this professor, because this is unacceptable,\u201d Price said. Bella Ramos, a junior at Nicholls State who did not take any of Tokosh\u2019s classes, told that someone using the handle @Joeography21 followed her on Twitter in late 2021 and started liking all her selfies. 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 8/9 Ramos learned that the person behind the account was likely a professor at the university. She posted about the behavior in January 2022, but nothing came of it. She also found the Joeography Reddit account. On March 27, the same day the student newspaper published its piece, Ramos posted screenshots of her discoveries on Twitter with the message, \u201cFound a Nicholls state university professor on Reddit wish the university had acted sooner because all this information was public on the internet,\u201d she told TODAY. No one from the university, she said, has ever reached out. Chris Quintana is an investigative reporter at TODAY. He can be reached at [email protected] or via Signal at 202-308-9021.He is on at @CQuintanaDC. Colin Campo is a reporter for the Houma Courier And Daily Comet. He can be reached at [email protected]. 2/22/25, 7:09 Professor with 'clown fetish' harassed students at three universities 9/9", "8973_104.pdf": "Nicholls State professor resigns amid accusations of harassment, clown fetish Colin Campo Daily Comet Published 11:51 a.m March 31, 2023 Updated 10:33 a.m April 12, 2023 Nicholls State University assistant professor has resigned amid an investigation into sexual harassment allegations linking him to a clown fetish he may have imposed on students. According to Jerad David, director of communications for Nicholls, geography Professor Joseph Tokosh quit Monday Title investigation by the university into multiple accusations of sexual harassment involving face painting is underway. Tokosh has been a teacher at the school since October 2021. According to reporting by Nicholls Worth Managing Editor Sally-Anne Torres, six students told of how Tokosh would give them bonus points for allowing him to paint their faces. The Nicholls Worth is the campus newspaper. Bradley Price is a Nicholls online student who was part of Tokosh's Geography of East Asia class where one of the required assignments was for the student to photograph themselves getting their face painted in the style of a historically Japanese theme. \"You had to send in multiple pictures of how you did it from multiple angles and also write down the process of it,\" said Bradley Price. \"The relevancy he gave it was that it was a Japanese style of makeup; it was for students to get a better understanding of their culture.\" Price had a female friend paint his face for him. Once the assignment was complete Tokosh commented on the assignment that Price would receive bonus points if he convinced his female friend to paint her own face. At the time, Price said he thought the comment was just weird, but since learning about the claims against Tokosh and seeing his social media accounts, the comment took on a darker tone. 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 1/3 feel frankly disgusted and disappointed that Nicholls couldn't do a proper background check on this professor because this is unacceptable,\" said Price. \"How could this have got past any reasonable check?\" Jaiden Valore said just before Tokosh left the school he told his Geography 103 class that the \"grade inflation task force\" was cracking down on him because his students' grades were too high. He and other students were discussing Tokosh on Yik Yak and then they stumbled onto his Reddit page. More Houma man declined treatment at a hospital, was then intubated and died Tokosh's Reddit account, which he hasn't posted under in three years, contains clown- themed images and videos. He has videos of young girls of undetermined ages wearing clown makeup, videos of him hitting young girls with Boston Cream pies, and images and videos of himself in clown makeup. \"And was like, 'Bro that's wild,'\" Jaiden said. \"I'm low-key sick to my stomach about it.\" In three different posts, Tokosh describes himself as having both a clown and a face painting fetish told my introductory-level college class that I've always had a strange liking for clowns. Some students said if they came to my office as clowns would give them bonus points,\" wrote Tokosh in sub-reddit r/trashy four years ago. \"Thinking it was a joke said yes. So today this student shows up wonder if she knows this is actually my fetish\u2026\" Nicholls Director of Compliance Tommy Ponson is spearheading the investigation. Even though Tokosh resigned, the investigation is moving forward and if criminal findings are uncovered, Tokosh could face charges, Ponson said. He could not comment on the ongoing investigation, but said once the investigation is complete there would be a hearing to review the findings. The panel will be composed of faculty, staff and students. The panel sends its recommendations to the university's vice president. Ponson said if any student had a problem with a professor they should go to the department head to report it. If the department head isn't helpful, he or she should next go to the dean of the college. 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 2/3 Tokosh's classes have been taken over by Department Head Paul Wilson and an adjunct professor. Nicholls State Communications Director Jerad David encouraged those made uncomfortable by Tokosh to contact the counseling center, which offers virtual and in-person appointments at (985) 448-4080 or [email protected]. More: New burger joint set to open in Thibodaux: Kajun Kidd Burger and Wings 2/22/25, 7:09 Nicholls professor resigns amid harassment, clown fetish accusations 3/3"}
7,303	Roxana Recio	Creighton University	[ "7303_101.pdf", "7303_102.pdf", "7303_103.pdf" ]	{"7303_101.pdf": "8TH v (2008) United States Court of Appeals,Eighth Circuit. Roxana RECIO, Appellant, v UNIVERSITY, a Nebraska Nonprofit Corporation, Appellee. No. 07-2460. Decided: April 08, 2008 Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges. Kevin J. McCoy, argued, Omaha, NE, for Appellant. Thomas F. Hoarty, Jr., argued, Omaha, NE, for Appellee. Appellant Roxana Recio filed this action, alleging that her employer, Creighton University, retaliated against her for filing a discrimination charge. Creighton moved for summary judgment, asserting that Recio had failed to demonstrate the materially adverse action and causation elements of a prima facie case of retaliation and that, even if she had, there was no evidence that Creighton's legitimate explanations for the alleged acts of retaliation were a pretext for retaliation. The district court 1 granted summary judgment to Creighton, and Recio appeals. We affirm. I. Creighton University is a private university in Omaha, Nebraska. In 1994, Creighton hired Dr. Roxana Recio as an Associate Professor of Spanish in the Department of Modern Languages and Literatures (the \u201cDepartment\u201d) in the College of Arts and Sciences (the \u201cCollege\u201d). Recio is of Spanish origin and a naturalized citizen. Creighton also hired Recio's husband, Dr. Enrique Rodrigo, as a Spanish professor. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 7:10 v (2008) \| FindLaw 1/13 In 1998, Recio was granted tenure as an Associate Professor. As of the time this court heard oral argument in this case, both Recio and her husband retained their positions at Creighton. In January 2001, members of the Department, including Recio, interviewed Michelle Evers, a candidate for a Spanish professorship. Recio and Evers then engaged in email correspondence that continued from January 2001 to April 2001. Creighton hired Evers; she began teaching in August 2001. Two- and-a-half years later, on February 10, 2004, the Spanish faculty held a section meeting that was attended by both Recio and Evers. On February 12, 2004, Recio made a written complaint about Evers's behavior at the meeting as well as problems that Recio was experiencing in the Department. On February 18, 2004, Evers sent a letter to the dean of the College, stating that she had received \u201cinappropriate and offensive\u201d communications from Recio. The communications referenced by Evers consisted of some of the emails Recio had sent Evers from January to April 2001. On March 17, 2004, Evers formally complained to Creighton that Recio had sexually harassed her, alleging that: (1) in 2001, shortly after Evers interviewed for employment as a faculty member at Creighton, Recio sent her a series of \u201cobsessive, stalker-like\u201d email communications and made \u201cinappropriate advances \u2024 of a strong sexual nature\u201d; (2) when Evers ended email contact with Recio, Recio \u201crepeatedly and relentlessly tried to re-initiate contact\u201d; and (3) Evers believed that the portion of Recio's February 2004 complaint concerning Evers was in retaliation for Evers's refusal to communicate with Recio. Pursuant to Creighton's policies and procedures, a four-person Sexual Harassment Committee (the \u201cCommittee\u201d) heard evidence and, on April 22, 2004, issued a report to Creighton's president, Rev. John Schlegel, S.J. (\u201cFr.Schlegel\u201d). The Committee recommended that Recio's employment be terminated. Although Fr. Schlegel concluded that the Committee's report had \u201csubstantial merit,\u201d he did not terminate Recio. Rather, on May 12, 2004, Fr. Schlegel placed Recio on probation until May 31, 2005, conditioning her continued employment on Recio: (1) having no communication or contact with Evers; (2) making no statements to others about Evers; (3) completing a program of psychological counseling, approved by the Dean and at her own cost, \u201cfor a period of one year ending May 31, 2005\u201d; (4) attending an educational program, also approved by the dean, \u201cdealing with issues of communication, appropriate interaction with others, teamwork, etc.\u201d; and (5) submitting to close monitoring and documentation of her conduct in the classroom, attendance at classes, scheduling and maintaining of office hours for students, and her interactions with faculty throughout the year of probation. Recio and her husband spent the summer of 2004 in Spain, as they had done every summer for the 10 years they had been at Creighton. On July 14, 2004, Recio dual-filed with the Nebraska Equal Opportunity Commission (\u201cNEOC\u201d) and the Equal Employment Opportunity Commission (\u201cEEOC\u201d), alleging that Creighton's imposition of probation was based on her Spanish national origin. Creighton received notice of the complaint on July 26, 2004. On August 9, 2004, Creighton wrote Recio to notify her that, because she could not commence the counseling program specified by the terms of her 2/22/25, 7:10 v (2008) \| FindLaw 2/13 probation while she was in Spain, the one-year program would begin upon her commencement of the program after her return. On April 15, 2005, when College faculty were to receive their employment contract for the following year, the dean notified Recio that her contract would be delayed because he needed to confer with general counsel as to the appropriate form of her contract as a result of her probationary status. On April 22, 2005, the dean sent Recio a new employment contract that required her agreement to the terms of the August 9, 2004 letter regarding the duration of the counseling program. The dean also noted that, because Recio was again planning to spend the summer of 2005 in Spain, her one-year counseling requirement would not be completed until she resumed counseling upon her return from Spain. Recio, through counsel, objected to the contract's language, and an agreement was reached in which Recio's employment contract stated only that she was \u201con probation through May 31, 2005 separate letter agreement addressed the counseling requirement. On May 10, 2005, Recio dual-filed a second complaint with the and the EEOC, alleging that Creighton had retaliated against her for filing the July 2004 discrimination charge. Recio completed her probation on May 31, 2005, with no violations. On June 15, 2005, the NEOC, having completed its investigation of the July 2004 discrimination charge, issued a Determination of No Reasonable Cause, stating that \u201c[t]here [was] no evidence to show that the level of discipline was based on [Recio's] national origin.\u201d 2 On May 3, 2006, the terminated the processing of the retaliation charge and, at Recio's request, issued a right-to-sue letter. Recio filed this action on May 10, 2006, alleging that Creighton retaliated against her for the filing of the July 2004 discrimination complaint in violation of Title of the Civil Rights Act of 1964 (\u201cTitle VII\u201d). 42 U.S.C. \u00a7\u00a7 2000e to 2000e-17. Recio seeks injunctive relief prohibiting Creighton from discriminating against her for engaging in conduct protected by Title VII, damages in excess of $100,000, and other relief. Recio's complaint alleges 21 acts of retaliation but she does not challenge the process Creighton used that resulted in her discipline for alleged misconduct or raise any issue of discrimination based on her national origin. The district court divided the alleged retaliatory actions into acts that preceded Recio's retaliation charge and those that followed the charge. However, we note that, in determining whether Creighton retaliated against Recio for filing the July 2004 discrimination complaint, the basis of this Title action, it is the date of the July 2004 complaint, not the May 2005 retaliation complaint, that is key. The district court granted Creighton's motion for summary judgment, finding that Recio failed to show two of the three elements of a prima facie case of retaliation: (1) the materially adverse element-that a reasonable employee would have found the allegedly retaliatory actions to be materially adverse and (2) the causation element-that Creighton's allegedly retaliatory actions were causally linked to her protected conduct. The district court further found that, even if Recio had demonstrated a prima facie case, 2/22/25, 7:10 v (2008) \| FindLaw 3/13 Creighton had offered legitimate reasons for each of the 21 allegedly retaliatory actions, and Recio had not provided any evidence that Creighton's reasons were pretexts for retaliation. Recio brings this appeal. II. On appeal, Recio contends that the district court erred in granting summary judgment to Creighton because she demonstrated a prima facie case of retaliation and made a showing of pretext, rebutting Creighton's stated legitimate reasons for the allegedly retaliatory actions. Recio further claims that the district court erred by failing to identify the significant number of disputed issues of material fact present in this case; resolving factual disputes in Creighton's favor by inappropriately drawing factual inferences and determinations of credibility in a light most favorable to Creighton; and applying a standard of review improperly slanted in favor of Creighton. We review the district court's grant of summary judgment de novo, taking the evidence in the light most favorable to Recio, as the nonmoving party. Harris v. Brownlee, 477 F.3d 1043, 1046 (8th Cir.2007). III. Title prohibits retaliation against employees who initiate or participate in a proceeding or investigation that claims their employer violated Title VII. 42 U.S.C. \u00a7 2000e-3(a). Under the McDonnell Douglas burden-shifting framework, Recio must first demonstrate a prima facie case of retaliation. Hughes v. Stottlemyre, 506 F.3d 675, 678-79 (8th Cir.2007) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-03, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973 prima facie case of retaliation requires showing that: (1) the employee engaged in protected conduct; (2) reasonable employees would have found the challenged retaliatory action materially adverse; and (3) the materially adverse action was causally linked to the protected conduct.\u201d Brenneman v. Famous Dave's of Am., Inc., 507 F.3d 1139, 1146 (8th Cir.2007). Upon a prima facie showing, \u201ca presumption of retaliation arises, and the burden of production shifts to the employer to advance a legitimate reason for the employment action.\u201d Hughes, 506 F.3d at 679. If the employer does so, \u201cthe presumption drops out and \u2018the trier of fact proceeds to decide the ultimate question: whether plaintiff has proven that the defendant intentionally discriminated against the plaintiff.\u2019 \u201d Id. (quoting Ryther v 11, 108 F.3d 832, 836 (8th Cir.1997) (en banc)). However, \u201c[t]he ultimate burden of persuasion remains with the employee to show the adverse employment action was motivated by intentional retaliation.\u201d Id. The first element of Recio's prima facie case of retaliation has been met here because she filed a charge of national origin discrimination against Creighton in July 2004. The second element, the materially adverse element, is disputed. On appeal, we can discern nine actions that Recio claims Creighton engaged in and are materially adverse: (1) extending the duration of the counseling requirement of her probation in August 2004 and April 2005; (2) requiring that she maintain a Monday, Wednesday, and Friday (\u201cM-W-F\u201d) teaching schedule; (3) shunning by faculty; (4) failing to provide her prior notification of 2/22/25, 7:10 v (2008) \| FindLaw 4/13 a vacancy in the Spanish faculty; (5) keeping the temperature in her office too cold; (6) requiring her to acknowledge her probation in her employment contract; (7) failing to assign her to teach advanced classes; (8) denying her the opportunity to teach summer courses; and (9) denying her opportunities to participate in a study program in Spain few of Recio's allegations, that Creighton twice extended the duration of the counseling program imposed by her probation and denied her the opportunity to teach summer courses, must be dismissed at the outset because she has not offered any facts indicating that Creighton actually took such actions. See Haas v. Kelly Servs., Inc., 409 F.3d 1030, 1036 (8th Cir.2005) (\u201cEvidence, not contentions, avoids summary judgment.\u201d (quoting Mayer v. Nextel West Corp., 318 F.3d 803, 809 (8th Cir.2003))). Recio admits that she has spent every summer in Spain since joining the faculty at Creighton, thus, there is no indication that she has been denied an opportunity to teach summer courses at Creighton. With regard to the duration of Recio's counseling requirement, Recio's May 2004 probation imposed a year-long counseling requirement that would be completed on May 31, 2005. However, Recio did not begin attending counseling sessions in May 2005 because she took her annual trip to Spain during the summer of 2004. In August 2004, Creighton recognized that Recio would not be able to complete the one-year counseling program on May 31, 2005 and advised her that she was still required to complete a year-long program. Creighton also requested notification of the date of Recio's first counseling session because the one-year requirement would be imposed from that date, resulting in a new completion date for the counseling requirement. Similarly, the April 2005 notification merely acknowledged the impact of Recio's impending trip to Spain for the summer of 2005 on the counseling requirement. Thus, the August 2004 and April 2005 notifications did not impose an extension of the original year-long counseling requirement of Recio's probation. Rather, the date of completion merely shifted in accordance with Recio's voluntary decisions to begin the sessions after the summer of 2004 and suspend the sessions during the summer of 2005. We next address whether any of Recio's remaining allegations satisfy the materially adverse element. This element is objective such that we must determine whether any of the actions challenged here \u201cmight have dissuaded a reasonable worker from making or supporting a charge of discrimination.\u201d Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 126 S.Ct. 2405, 2415, 165 L.Ed.2d 345 (2006) (quotation omitted). Most of the allegations, a two-month delay between the time Recio was notified of a vacancy in the Spanish faculty compared with the rest of the faculty, keeping the temperature in her office too cold, requiring her to acknowledge her probation in her employment contract, and denying her the opportunity to participate in a study program in Spain, \u201care akin to the sort of trivial harms that do not rise to the level of retaliation,\u201d Weger v. City of Ladue, 500 F.3d 710, 728 (8th Cir.2007), and even fall short of those which this court has previously found lacking. See Clegg v. Ark. Dept. of Corr., 496 F.3d 922, 929-30 (8th Cir.2007) (lower performance evaluation; employer's failure to provide Clegg with employment tools, notice of new department policies, and not immediately having her attend certain meetings; temporary remedial training done in order to help her improve on her next evaluation; and 2/22/25, 7:10 v (2008) \| FindLaw 5/13 denial of permission to attend one training session insufficient); Devin v. Schwan's Home Serv., Inc., 491 F.3d 778, 786-87 (8th Cir.2007) (supervisor's presence on delivery route manager's truck; assignment of poorly organized substitute truck; unfair issuance of written notice for failing to turn in customer postcards; false report that she had twice as many customer complaints as other route managers; and employer's refusal to assign her a route builder who would accompany her and obtain new customers insufficient). The allegations that come closest to articulating a potentially significant harm are Recio's contentions that Creighton altered her teaching schedule, that she was shunned by faculty, and that Creighton failed to assign her to teach advanced classes. Recio contends that she suffered a materially adverse action when Creighton notified her on August 31, 2004 that, though she would be able to maintain her Tuesday-Thursday (\u201cT-Th\u201d) teaching schedule for the Fall 2004 semester, she would have a class schedule during the Spring 2005 semester. Recio and her husband were the only members of the Spanish faculty that taught on a T-Th schedule. On September 3, 2004, Recio wrote the Department chair that \u201c[she] would prefer to teach during Tuesdays and Thursdays, which is the schedule that fits best for [her] work habits.\u201d Despite Recio's complaint, she and her husband taught on a T-Th schedule in the Fall of 2004 and, along with all Spanish faculty, maintained a schedule for the Spring 2005 semester. The mere fact that Creighton disallowed Recio from maintaining her preferred teaching schedule, without any indication that Recio suffered a material disadvantage as a result of the action, does not \u201cmeet the significant harm standard set forth in Burlington Northern.\u201d Clegg, 496 F.3d at 929; see Higgins v. Gonzales, 481 F.3d 578, 584 (8th Cir.2007) (\u201cMinor changes in duties or working conditions, even unpalatable or unwelcome ones, which cause no materially significant disadvantage do not satisfy the [materially adverse] prong.\u201d). Also, the instances of ostracism that Recio experienced amount to no more than \u201cnonactionable petty slights\u201d under Burlington Northern. 126 S.Ct. at 2415. Recio alleges that she received \u201cthe silent treatment,\u201d Appellant's Br. at 60, from other faculty and was excluded (along with her husband) from a picture of the Spanish faculty posted on its website in December 2004. Ostracism of this variety is not materially adverse. See id. at 2415-16 supervisor's refusal to invite an employee to lunch is normally trivial, a nonactionable petty slight. But to retaliate by excluding an employee from a weekly training lunch that contributes significantly to the employee's professional advancement might well deter a reasonable employee from complaining about discrimination.\u201d); see also Somoza v. Univ. of Denver, 513 F.3d 1206, 1218 (10th Cir.2008) (\u201c[Plaintiffs] may have had to withstand colleagues that do not like them, are rude, and may be generally disagreeable people. However, [a] court's obligation is not to mandate that certain individuals work on their interpersonal skills and cease engaging in inter-departmental personality conflicts.\u201d). Next, though there may be some fact situation where a professor is denied the opportunity to teach advanced classes in a way that so hinders her professional career that it constitutes a materially adverse action, we need not decide whether that is the case here because Recio has failed to demonstrate a 2/22/25, 7:10 v (2008) \| FindLaw 6/13 causal connection between her discrimination complaint and her course assignments. The relevant time period is from July 26, 2004, when Creighton received notice of Recio's discrimination complaint, onward. Recio first raised the allegation of preferential teaching assignments to other faculty in October 2001. Creighton's actions at that time cannot be causally connected to Recio's discrimination complaint as a matter of law because Recio had not yet engaged in any protected activity. See Culton v. Mo. Dept. of Corr., 515 F.3d 828, 831 (8th Cir.2008) (finding the plaintiff's \u201cfailure to present any evidence that [his supervisor] was aware of [his] protected activities [was] fatal to [employee's] retaliation claim\u201d). In addition, Recio offers some evidence indicating that she was assigned fewer advanced level courses than other Spanish faculty during the Spring 2005 to Fall 2007 semesters. However, she failed to show any nexus between such evidence and her discrimination complaint. Generally this court requires more than a mere temporal connection in order to infer causation, Green v. Franklin Nat. Bank of Minneapolis, 459 F.3d 903, 915 (8th Cir.2006), and the temporal connection here, six months, is not close enough to raise an inference of causation. See Weger, 500 F.3d at 726 (\u201cThough not dispositive, we have previously \u2018held that an interval as brief as two months did not show causation for purposes of establishing a retaliation claim, \u2024 and that a two-week interval was sufficient, but barely so \u2024\u2019 \u201d (internal quotation and citation omitted)). Recio's inability to show a link between her course assignments and her discrimination complaint is further demonstrated by: (1) the fact that this issue has a history preceding Recio's protected conduct and (2) Recio's concession on September 3, 2004 (about six weeks after her complaint) that she \u201cha[d] no problem with the course levels \u2024 assigned to [her],\u201d for the Fall 2005 semester, the semester closest in time to her complaint. Joint Appendix at 125. In sum, Recio has not shown a causal connection between her discrimination complaint and her teaching assignments. Accordingly, Recio has failed to establish a prima facie case of retaliation.3 Finally, the record evinces no basis for Recio's contentions that a multitude of disputes of material fact are present in this case, that the district court improperly viewed the facts by resolving disputes in favor of Creighton, or that the standard of review was improperly slanted in favor of Creighton. Summary judgment in favor of Creighton was appropriate. IV. For the foregoing reasons, we affirm the judgment of the district court 1. The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. 2. When a claimant dual-files with the and the EEOC, he or she can write to the and request a substantial weight review within 15 days of the NEOC's decision. See 2/22/25, 7:10 v (2008) \| FindLaw 7/13 gov/\u200bfaq/\u200bfaq.\u200bhtm (last visited Apr. 1, 2008). The will then examine the case and render its determination. See id. Here, the record provides no indication that Recio requested an review. 3. Because we find Recio failed to demonstrate a prima facie case of retaliation, we need not address the issue of whether alleged retaliation against Recio's husband is relevant to her claim where the allegations relating to him mirror those raised by Recio; nor do we need to address the issue of whether the district court erred in finding that, even if Recio had made a prima facie showing, summary judgment in favor of Creighton was proper because Creighton had offered legitimate reasons for each of the allegedly retaliatory actions, and Recio had not produced any evidence that Creighton's reasons were pretexts for retaliation. SHEPHERD, 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. 2/22/25, 7:10 v (2008) \| FindLaw 8/13 Go to Learn About the Law v (2008) Docket No: No. 07-2460. Decided: April 08, 2008 Court: United States Court of Appeals,Eighth Circuit. 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, 7:10 v (2008) \| FindLaw 9/13 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, 7:10 v (2008) \| FindLaw 10/13 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, 7:10 v (2008) \| FindLaw 11/13 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, 7:10 v (2008) \| FindLaw 12/13 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 7:10 v (2008) \| FindLaw 13/13", "7303_102.pdf": "v (2009) Supreme Court of Nebraska. Roxana RECIO, appellant, v. Michelle EVERS, appellee. No. S-07-1338. Decided: August 28, 2009 HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER- LERMAN, JJ. Kevin J. McCoy, of Smith, Gardner, Slusky, Lazer, Pohren & Rogers, L.L.P., Omaha, for appellant. Thomas F. Hoarty, Jr., of Byam & Hoarty, P.C., L.L.O., Omaha, for appellee. Roxana Recio, a professor at Creighton University (Creighton), was placed on probation and required to attend counseling after Creighton's sexual harassment committee found merit in a sexual harassment complaint made by Recio's colleague, Michelle Evers. Recio sued Evers for tortious interference with a business relationship, but the district court entered summary judgment against Recio. The primary question presented by this appeal is whether there is a genuine issue of material fact as to whether Evers' sexual harassment complaint was justified. Based on the record presented, we find that Evers' sexual harassment complaint was justified because it provided truthful information to Creighton. Therefore, we affirm the judgment of the district court Recio was a tenured professor of Spanish in Creighton's department of modern languages and literatures (the Department). In February 2001, Evers accepted a position as a professor of Spanish in the Department, to begin in August 2001. Evers and Recio became acquainted during Evers' hiring process and began e-mailing one another. Recio's e-mails to Evers formed the basis of Evers' eventual \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 7:10 v (2009) \| FindLaw 1/22 complaint of sexual harassment. The messages were originally in Spanish or Catalan; Recio does not deny sending the messages, but the semantics of their translation and context are disputed. The following excerpts are taken from Evers' translations, because they are the only complete translations that are in the record. Any relevant disputes over translation are noted. And because of the informal style of these messages, there are various grammar, spelling, and syntax errors. Indicating each error with a \u201c[sic]\u201d would be distracting, so we reproduce each of the translated messages in its original form. Because they are essential to resolving this appeal, they are quoted at some length. Recio's E-Mails The first message at issue, sent by Recio to Evers on April 16, 2001, mostly discussed the work of a particular Catalan poet who was apparently of academic interest to them. Recio also discussed her summer travel plans, however, and promised to send postcards from each of her stops. Recio wrote, \u201cI'll write you from everywhere and you don't have to answer my postcards, of course, what would like though would be to receive a letter from you sometime, short, but at least send me one.\u201d Recio also wrote that she would help Evers prepare articles for publication would like you to publish, if you want, of course don't want to stick myself in your life \u2024 but do want to be your friend, do you understand hope so, because if you don't understand, you will end up hating me and will have an attack. If don't see you in August as we were saying this morning think would shoot myself in the head (think that I'm bad off in the head if you want don't care, but will shoot myself). (Emphasis in original.) Recio claims that don't want to stick myself in your life\u201d is a literal translation, but that the verb would have been better translated as \u201c \u2018to meddle, intrude, interfere message sent the following day was still discussing the same poet, but was more personal. Recio wrote: The truth is really feel like talking to you and don't know if I'll have time and if I'll be able to tell you all that want\u2024 The most important thing is to communicate and am happy with your e-mails in any case. Of course haven't erased your voice from my answering machine. It makes me happy and love it. I'll leave it there a few days just feel like it. I'm trying hard not to call you \u2024 but won't do it because don't want to take advantage of you was thrilled to talk to you yesterday. You already know that don't have to tell you what feel because you know quite well and also am always repeating to you like a parrot. Recio contends that \u201cOf course\u201d should have been translated \u201c \u2018[B]y the way\u2019 \u201d and that \u201cIt makes me happy and love it\u201d should have been translated find it funny and like it.\u2019 \u201d Recio claims that was thrilled to talk to you\u201d would have been more accurately translated as enjoyed talking to you\u201d or loved 2/22/25, 7:10 v (2009) \| FindLaw 2/22 to talk to you.\u201d Recio also contends that \u201cYou already know that don't have to tell you what feel\u201d actually contained a reference to the previous sentence, so the idea was \u201c \u2018[Y]ou already know that loved to talk with you.\u2019 \u201d Recio's message went on to say that she had told her husband she wanted to take Evers to a particular restaurant in Spain and that \u201c[h]e doesn't mind, he says it's fine.\u201d Recio wrote, \u201cLet's see if we can go someday (you can bring whomever you want, but want to bring you).\u201d Recio also commented more on a particular poet and wrote love that you're reading him and that you stay up late reading it. How great figured out what you like! Could you keep telling me what you like to read want to share with you.\u201d Recio again asked Evers to write her, and promised, \u201cI'll send you all the e-mails that can. You'll get tired of it won't. For me, you are very important.\u201d Recio concluded, \u201cHey miss you won't ever tell you that again promise). Write me when you can, okay? Don't forget hope the summer goes by fast (to be able to see you once and for all!).\u201d Another, shorter message was sent later the same day. Recio, who is a Cuban exile, asked Evers if she was \u201cPro-Castro.\u201d Recio asked: Do you believe all that propaganda? It would hurt me but would still have the same caring feelings for you. The truth is already care so much for you that don't know what would say. It would be terribly hard to discuss with you. I'll tell you seriously, you are in charge am at your feet am not a man \u2024 (that last part is a joke)[.] Recio concluded by promising to write later, and she did so that evening. Recio wrote just called you and it surprised me that you had already read the message sent you. But liked that you told me that you aren't Pro-Castro, it wouldn't have mattered, but feel much better confess. To tell you the truth, it would have been painful for me but wouldn't have discussed it with you. Of course discuss it but with you it wouldn't have made a difference. Okay, but the thing is, it was funny the way you proclaimed it. You know what am discovering think that you like to laugh, you like good humor, you have a spark when you talk etc. but behind it all there is an intelligent and sensitive woman, very intelligent and sensitive and want to discover more. Has it ever occurred to you that it is hard to meet a guy not because you are pushy, like you say, but rather for your intelligence and sensitivity don't know think that could be it. Recio says that \u201cyou have a spark\u201d actually means \u201c \u2018[you are] witty and sharp.\u2019 \u201d Recio's message continues: What am missing is the directions. Look write you and later, if you would like, you write me, those things that they call \u201ctraditional\u201d letters. What do you think only ask that if write you four, you write me one, nothing more. It's that in Barcelona I'll see my e-mail two or three times a week, but in Sitges 2/22/25, 7:10 v (2009) \| FindLaw 3/22 maybe once, and that's even going to be hard because I'm going to miss you (I'm not going to keep saying it, honestly). You don't understand because you see me like some nice person who tortures you with e-mails and who you will work with, you are kind, polite, etc but for me it is different, Michelle feel so much for you, don't you notice? Don't you see that talk to you not just to pass the time, but rather because it makes me happy? That's how it is, and of course will miss you and the other type of mail will help me to be near you even if you don't answer me. It's something caring, affectionate that doesn't have to do with anything else. What's more, when you say things like what you said about [a particular writer find it interesting to talk to you. I'm going to save your message have to read it better. Okay, so that you have to wait a little I'll send the addresses from there, that way, you don't have to worry about saving them or anything. Let's see if some day you have half of the affection that feel for you. Let's see doubt it but oh well. Today people are just plain savage (that's a joke)[.] Recio says that the translated words feel so much for you\u201d are too strong and should have been translated as have developed some affection for you\u2019 \u201d and that the phrase \u201cit makes me happy\u201d actually meant feel comfortable.\u2019 \u201d Recio continued the message by writing: In reference to Spain love what you say: it's true, we'll coincide there sometime and it will be great. Sometimes I'm afraid that if you would come you would be disappointed. We'll do everything possible for that not to happen. But it's true: there is a lot of life to live and good times to be had and above all: introduce you to Juan who will just faint when he sees you[.] Recio asked Evers to \u201c[t]ell me what books you want me to bring you and tell me what can do to not miss you so much.\u201d Recio concluded by describing how she had told a friend about Evers, explaining want her to help me (and everyone else too) to not miss this wonderful girl who knows tons of stuff and who writes and thinks like few people do \u2024 I've never missed Omaha or the U.S., this time will. You see and you're telling me that I'm going to have a great time. I'll have a good time but you know, you won't be there told you that I'm obsessive (but don't freak out, I'm not like Jeffrey Dohmer, is that how you write his name?) and when really like someone I'm like that, this doesn't usually happen to me. Recio asserts that \u201cwhen really like someone\u201d should have been translated as \u201c \u2018when am impressed by someone.\u2019 \u201d Recio's next message, sent the next day, began by asking: Where are you? The truth is, I've been going on all day without any news from you and it's making me crazy. Have you heard of a drug called \u201cMichelle have an addiction to it now. It's just that I'm not going to be here much longer to talk with my pal and I'm a little down about it. 2/22/25, 7:10 v (2009) \| FindLaw 4/22 Recio says that \u201cit's making me crazy\u201d actually meant am annoyed.\u2019 \u201d Recio went on to write that she was not disappointed with Evers' desire to marry and start a family: You should know by now after all we've talked about that it would have to be something really huge to disappoint me. It would be impossible. On the contrary: what worries me is how good feel with you \u2024 do you thin[k] that should separate myself a little from you to see you more distantly? Do you think it would be good if were to disappear in Spain and show up again in August don't know admire you and love talking to you and leaving is making me feel badly. Maybe you would advise me to take some distance \u2024 I'm going to make you crazy. Pardon me for talking like that but I'm a little tired don't know if should have told you that. But know you'll understand and give me your opinion, you have nothing to lose. Maybe it's just my tiredness and lack of control and courtesy on my part. Hey, I'm sorry. Please, don't get mad, okay? Before getting mad, think about this person talking to you who really holds you in esteem and who doesn't have bad intentions. Okay? But what do you want feel phenomenal with you. Yes. Recio's next message, sent the next day, was much shorter. Recio wrote: You are right, I'm exaggerating. Don't pay any attention to me. The truth is deserve a cake (I've behaved in a silly way )[.] Thanks for scolding me think that in Spain I'll get back to my common senses\u2024 Can write you these days even if you don't answer because you're busy? \u2024 Okay! Come on, don't get mad. That afternoon, Recio wrote answered your message and you didn't answer me, especially knowing what said to you yesterday thought that you weren't answering me because you were busy writing your dissertation. You know what? Yes am nervous, impatient and what's more get desperate with people who care for, but these defects think they are small in the face of some of the virtues that I've shown think you need a different type of person different than me\u2024 Your hard attitude has insulted me. You know, it's better just to be colleagues in our work and that's it. Don't give me any lessons and I'm sorry for having been so sincere and sentimental with you. But don't want to deal with a person so tough who forgets all my good traits for one little error. Thanks for the punch. We'll see each other (what choice do we have?) in August. The final e-mail was sent several days later, apparently responding to another message from Evers. Recio wrote was offended because you told me you were writing your dissertation, you embarrassed me (by not answering my email ) and it hurt me because was busting my head to figure out how to get used to 2/22/25, 7:10 v (2009) \| FindLaw 5/22 having less contact with you (since it would be hard in Sitges to have e-mail, etc don't know, maybe it wasn't that big of a deal don't know. But what do know is that don't understand you and you don't understand me. It would be better to be in person to see if we can communicate. I'm not mad anymore but I'm scared, because I'm not like all these proud imbeciles here. They have fucked me enough around here want peace with you and the best is to wait to see each other because from a distance am afraid. Recio claims that \u201cyou embarrassed me\u201d actually meant \u201c \u2018you told me a big lie\u2019 \u201d and that \u201cmaybe it wasn't that big of a deal\u201d actually meant \u201c \u2018maybe it was not a lie.\u2019 \u201d Recio also claims that the profanity attributed to her no longer carries its literal meaning in Spanish and is no longer particularly profane; rather, it means \u201c \u2018to annoy, pester.\u2019 \u201d (For example, an equivalent English idiom might be to \u201cscrew with\u201d someone.) Recio concluded: Thanks for wishing me a good trip. The truth is need to rest. We'll see each other in August and with peace, and pardon me if reacted like that but it's just that it hurt me like a pair of swords in my side don't know why but that's what felt. Let's just leave it at that. It isn't important. Good luck with your dissertation and now let's be in peace and harmony, nothing ever happened. You can blame my emotional immaturity or whatever you like. But everything's alright, eh? Nothing happened. August is just around the corner. Evers' Sexual Harassment Complaint Evers began teaching at Creighton in the fall of 2001 and did not have much contact with Recio for several months. Recio was on sabbatical during the 2002-03 academic year. Recio returned in the fall of 2003. It is apparent from the record that the faculty in the Department did not get along with one another. On February 10, 2004, the Spanish section of the Department held a separate meeting. The Department chair, Thomas Coffey, attempted to preside over the meeting, and Recio objected because Coffey was primarily a French professor. The meeting became contentious, and Evers walked out, returned, then walked out again. On February 12, Recio sent an e-mail to Coffey and Creighton administrators, complaining about Evers' conduct at the meeting. On February 13, Evers and three other members of the Spanish faculty sent a letter to Coffey complaining about Recio's conduct at the meeting and other alleged emotional outbursts by Recio few days later, Evers provided Coffey, the dean of Creighton's college of arts and sciences, and the Creighton legal department with copies of Recio's 2001 e-mails to her. Evers later contacted the chairperson of Creighton's sexual harassment committee and Creighton's affirmative action officer. On 2/22/25, 7:10 v (2009) \| FindLaw 6/22 March 17, 2004, Evers filed a complaint with the sexual harassment committee, attaching the e-mails and her translations of them. The sexual harassment complaint also set forth a \u201cTimeline of Incidents with \u2024 Recio,\u201d describing the events listed above, and other instances in which Evers alleged Recio had behaved inappropriately. The complaint also stated that Recio's \u201cfrequent public outbursts\u201d created a hostile environment for anyone required to work with her and that because Evers did not want to have any further contact with Recio, Evers suggested that \u201cthe only adequate solution would be to dismiss \u2024 Recio from the faculty and remove her presence from\u201d the Department. The sexual harassment committee held five meetings and heard evidence from Evers, Recio, several other faculty members, and one student. Other members of the faculty reviewed the e-mails in Spanish member of the faculty of Creighton's college of business administration, who was a friend of Recio's and apparently fluent in Spanish, said that the e-mails could be \u201c \u2018explained away by culture and effusiveness.\u201d \u2019 But members of the Department's Spanish faculty believed that the e-mails were inappropriate, even accounting for cultural differences. The committee found that Recio's messages were inappropriate, noting that \u201c[w]itnesses from various Hispanic cultures including Cuba, Venezuela, Spain, and Puerto Rico differed with \u2024 Recio's interpretation that culture could be used to explain away\u201d the e-mails and had described them as \u201cinappropriate, shocking, and of a sexual nature.\u201d The committee found that \u201c[a]t best, the emails in their intensity and obsessiveness are ominous and caused \u2024 Evers great distress.\u201d The committee also noted several other incidents, including a sexual harassment complaint against Recio and \u201cdifficulties\u201d that had allegedly occurred when Recio had been at another university, and personal behavior toward other new faculty members. The committee noted that \u201cdepartmental witnesses described her in the following terms: obsessive, a bully, aggressive, irrational, \u2024 demanding, creates conflict, stalking, retaliates, rages, verbal violence, explosive, forceful and creates a hostile work environment.\u201d The committee concluded that the emails constituted sexual harassment and a hostile environment by displaying a pattern of obsessive behavior which created discomfort and distress for \u2024 Evers. The committee believes the implicit sexual overtones and the aggressive, demanding tone of the emails reflected a need by \u2024 Recio to create a sense of power in this relationship. It is inconceivable that a senior member of the Creighton \u2024 faculty would write these words to a new faculty member. The committee also found that the February 12, 2004, letter that Recio wrote, complaining about Evers, \u201cborders on retaliation\u201d for not responding to Recio's advances. And the committee found that Recio \u201cdisplayed a pattern of obsessive, aggressive and retaliatory behavior\u201d toward Evers and that Recio's \u201clong-standing unprofessional behavior has contributed to a dysfunctional and hostile academic environment for the entire department that continues constantly to be addressed by the administration.\u201d 2/22/25, 7:10 v (2009) \| FindLaw 7/22 The committee unanimously recommended to Creighton's president, Fr. John P. Schlegel, S.J., that Recio's employment be immediately terminated. Schlegel agreed with many of the committee's conclusions, but decided, in a letter dated May 12, 2004, that the case was \u201cmuch more than a sexual harassment case\u201d and stated that his \u201crecommendations for action reflect that fact.\u201d Schlegel concluded that \u201cRecio would benefit from a program of psychological counseling and educational programs on communication, appropriate interactions with others, teamwork, etc.\u201d Schlegel placed Recio on a term of probation of a little more than a year and directed her to have no contact or communication with Evers. Recio was directed to commence a psychological counseling program, at her cost, and to attend educational programs recommended by the dean of Creighton's college of arts and sciences. District Court Proceedings On May 4, 2006, Recio filed a complaint against Evers in the district court, alleging a claim for tortious interference with a business relationship. Recio alleged that the e-mails supporting Evers' sexual harassment claim had been translated \u201cin a misleading manner in order to create a distorted impression of suggestive content.\u201d Recio alleged that \u201cEvers' spurious allegations of sexual harassment were made with malicious intent and without justification in order to damage and disrupt Recio's contractual employment \u2024\u201d And Recio alleged that \u201c[a]s a proximate [result] of Evers' interference with Recio's contractual relations,\u201d Recio was put on probation and suffered, among other things, lost salary, costs of counseling, damage to her reputation, emotional distress, and \u201crenegotiation terms and conditions different from [those of] similarly situated colleagues.\u201d In her answer, as an affirmative defense, Evers alleged that her submission of the sexual harassment complaint was privileged. The district court granted Evers' motion for summary judgment, finding \u201cno evidence that the [sexual harassment] complaint filed by [Evers] was made in bad faith or with malice.\u201d The court also stated that \u201cit would defeat the sexual harassment policy of Creighton \u2024 to allow an employee who in good faith files a valid sexual harassment complaint to be sued for tortious interference with employment by the individual who harassed her.\u201d Thus, the court stated that Evers' actions \u201cwere privileged and that no genuine issues of material fact exist.\u201d The court dismissed Recio's claim with prejudice Recio assigns, as consolidated, that the district court erred in (1) finding that Evers' sexual harassment complaint was privileged as a matter of law, (2) finding that there were no disputed material facts or inferences deducible from those facts as to whether Evers acted in bad faith or with malice in charging Recio with sexual harassment, and (3) claiming that there was no evidence that Evers interfered with Recio's employment or caused her harm. 2/22/25, 7:10 v (2009) \| FindLaw 8/22 Summary judgment is proper when the pleadings and evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.1 In reviewing a summary judgment, an appellate court views the evidence in the light most favorable to the party against whom the judgment is granted and gives such party the benefit of all favorable inferences deducible from the evidence.2 Tortious Interference With Business Relationship Before discussing Recio's arguments in detail, it will be helpful to review some of the basic propositions of law relating to a claim for tortious interference with a business relationship. To succeed on a claim for tortious interference with a business relationship or expectancy, a plaintiff must prove (1) the existence of a valid business relationship or expectancy, (2) knowledge by the interferer of the relationship or expectancy, (3) an unjustified intentional act of interference on the part of the interferer, (4) proof that the interference caused the harm sustained, and (5) damage to the party whose relationship or expectancy was disrupted.3 One of the basic elements of tortious interference with a business relationship requires an intentional act which induces or causes a breach or termination of the relationship.4 It is not entirely clear, in this case, whether Recio is claiming that Evers' act of interference was directed at Creighton or at Recio-in other words, whether Evers' alleged act of interference made Creighton breach its employment relationship with Recio or made Recio's performance of her employment obligations more difficult.5 For purposes of our analysis, we assume that Recio stated a claim for relief with respect to breach of the employment relationship, even though Creighton has clearly not terminated Recio's employment and Recio only pled that her performance of her obligations under that agreement had been made more difficult.6 We need not resolve this ambiguity, because we conclude that in any event, Evers' alleged act of interference was justified. Justification for Provision of Truthful Information In order to be actionable, interference with a business relationship must be both intentional and unjustified.7 An intentional, but justified, act of interference will not subject the interferer to liability.8 We have expressly adopted the seven-factor balancing test of the Restatement (Second) of Torts \u00a7 767 for use in determining whether interference is \u201cunjustified\u201d under Nebraska law.9 Factors to consider in determining whether interference with a business relationship is \u201cimproper\u201d include: (1) the 2/22/25, 7:10 v (2009) \| FindLaw 9/22 nature of the actor's conduct, (2) the actor's motive, (3) the interests of the other with which the actor's conduct interferes, (4) the interests sought to be advanced by the actor, (5) the social interests in protecting the freedom of action of the actor and the contractual interests of the other, (6) the proximity or remoteness of the actor's conduct to the interference, and (7) the relations between the parties.10 These are the important factors to be weighed against each other and balanced in arriving at a judgment; but they do not exhaust the list of possible factors. The issue in each case is whether or not the interference is improper under the circumstances; whether, upon a consideration of the relative significance of the factors involved, the conduct should be permitted without liability, despite its effect of harm to another. The decision depends upon a judgment and choice of values in each situation.11 Section 772 of the Restatement contains a \u201cspecial application of the general test\u201d stated in \u00a7 767.12 It provides: One who intentionally causes a third person not to perform a contract or not to enter into a prospective contractual relation with another does not interfere improperly with the other's contractual relation, by giving the third person (a) truthful information, or (b) honest advice within the scope of a request for the advice.13 This is true even if the facts are marshaled in such a way that they speak for themselves and are immediately recognized as a basis for breaching the contract.14 Simply put, if the information provided is truthful, the interference is not \u201cimproper.\u201d 15 Based on that reasoning, the general rule is that an action for tortious interference with a business relationship will not lie where the substance of the alleged interference is the provision of truthful information.16 Society has a strong interest in promoting the transmission of truthful information, and the factors enumerated in \u00a7 767 weigh in favor of permitting such conduct without liability. When truthful information provides the basis for a termination of a business relationship, the resulting liability, if any, should rest on the party who made an informed choice to terminate the relationship-not the party who provided the facts upon which that decision was based. Although we have never expressly adopted the principle expressed in \u00a7 772(a), we implicitly endorsed it in DeLay First Nat. Bank & Trust Co. v. Jacobson Appliance Co.,17 in which we held that a creditor's communications with a debtor's suppliers did not support a claim for defamation or tortious interference with a business relationship when the communications at issue were truthful. We also implicitly adopted \u00a7 772(b), protecting the giving of honest advice, in Wiekhorst Bros. Excav. & Equip. v. Ludewig.18 And we have expressly adopted other \u201cspecial application [s]\u201d of \u00a7 767.19 Simply stated, 2/22/25, 7:10 v (2009) \| FindLaw 10/22 we have already adopted \u00a7 767 and its related sections; the special application of \u00a7 767 set forth in \u00a7 772(a) is not only well recognized and sensible, but necessary for our law to be consistent.20 Therefore, we now expressly hold that as stated in \u00a7 772(a), a person does not incur liability for interfering with a business relationship by giving truthful information to another.21 Such interference is not improper, even if the facts are marshaled in such a way that they speak for themselves and the person to whom the information is given immediately recognizes them as a reason for breaking a contract or refusing to deal with another.22 In this case, Recio's brief sets forth, at length, supposed factual inconsistencies and improper behavior on the part of Evers, other Department faculty, and Creighton administrators. Generally, Recio's brief describes a narrative in which Evers' sexual harassment complaint is only part of a larger campaign of persecution directed at Recio by Creighton and her colleagues in the Department. As noted above, the record reflects a substantial amount of discord in the Department. But it does not support the construction put upon it by Recio. Most pertinently, there is nothing in the record that substantially contradicts the factual basis of Evers' sexual harassment complaint. And despite Recio's attempts to broaden the issues in this case, our analysis is limited by Recio's pleadings to the content and effect of Evers' sexual harassment complaint. The purpose of pleadings is to frame the issues upon which a cause of action is to be tried, and the issues in a given case will be limited to those which are pled.23 And the only act Evers is alleged to have committed that affected Recio's employment relationship with Creighton was the sexual harassment complaint. To the extent that Recio's pleading can be read to allege that Evers made Recio's performance of her job obligations more difficult, such a claim fails because there is no evidence that Recio suffered a pecuniary loss from her alleged inability to perform any contractual duties.24 In other words, the only damages alleged in Recio's pleadings that can be attributed to Evers' alleged interference with Recio's employment resulted from the sexual harassment complaint. So, we focus on whether the sexual harassment complaint was justified under the principles of \u00a7 772(a). The essence of Recio's argument is the contention that \u201cEvers made false, inflated and fabricated claims against Recio.\u201d 25 But Recio's brief, and the record as a whole, are notably short on instances in which Evers' complaint was demonstrably false. Most importantly, Recio does not deny sending the e-mails that formed the basis and bulk of the complaint. Recio said that she did not clearly remember the content of the e-mails. She also denied that they had sexual overtones and objected to their lack of context, i.e., Evers' failure to retain or provide other e-mails that Evers and Recio had sent to one another. And Recio complains about the \u201cmisleading manner\u201d of Evers' translations of the e-mails. But these arguments do not establish any genuine issue of material fact about whether Recio sent the e- mails at issue. While Recio claimed not to remember their content clearly, she did not deny sending 2/22/25, 7:10 v (2009) \| FindLaw 11/22 them and generally accepted them as presented. Recio denied that the e-mails constituted \u201csexual harassment\u201d within the meaning of the relevant Creighton sexual harassment policy, but that is in essence a legal conclusion, not a denial of the underlying conduct that was the gravamen of Evers' complaint. And Recio's speculation about Evers' translation of the e-mails is unsupported. Recio's criticisms about various words and phrases are largely semantic-Recio's alternative translations, in our view, are not meaningfully different. And Evers' sexual harassment complaint also included the original, untranslated e-mails-thereby defeating the suggestion that Evers intended to mislead the sexual harassment committee about what Recio had actually written. We also are not persuaded by the suggestion in Recio's brief that Evers' e-mails showed that the content of Recio's messages was \u201cin essence no different from that of Evers' correspondence-- perhaps effusive or at times melodramatic to an Anglo reader, but in no way threatening or sexually harassing.\u201d 26 Those e-mails have not been reproduced here, because, contrary to Recio's suggestion, we do not find them to be particularly relevant. They are friendly and often conclude with traditional Catalan salutations meaning such things as \u201ca big hug\u201d or \u201ca kiss.\u201d But they do not resemble Recio's messages in any relevant respect, and the suggestion that they are similar is an exaggeration. Nor is there evidence that the \u201cTimeline of Incidents with \u2024 Recio\u201d attached to the sexual harassment complaint was substantially untruthful. Recio testified that she did not recall some of the events, and she interpreted some of the events differently. But she did not materially dispute any of them. Instead, Recio attempts to manufacture falsehoods out of discrepancies in the record on facts such as whether the e-mails were sent before or after Evers accepted Creighton's offer of employment, whether she told anyone at Creighton about the e-mails before February 2004, and whether she communicated with Creighton's affirmative action officer before or after she contacted the chair of the sexual harassment committee. But those inconsistencies are either inconsequential or explained by the record. Creighton did not place Recio on probation because of any of those facts. Creighton placed Recio on probation because of a series of e-mails that Recio did not deny sending and a sequence of events that Recio did not materially dispute. The factual disputes that Recio notes are simply not issues of material fact. At oral argument, Recio also intimated that Evers' testimony to the sexual harassment committee formed some basis for liability. This argument is unavailing, for many of the reasons set forth above. Evers' testimony was neither materially inconsistent with her complaint nor denied in any relevant respect-but most significantly, her committee testimony was not placed at issue by Recio's pleadings, nor was it clearly implicated by Recio's appellate brief. We reject Recio's belated attempt to bring it into contention. In short, we find that Evers' sexual harassment complaint was justified, as providing truthful information to Creighton. The incidents upon which Creighton's disciplinary decision was based were, according to 2/22/25, 7:10 v (2009) \| FindLaw 12/22 Recio, misunderstood. But they were not denied, and the record evidences no genuine issue of material fact about whether those incidents actually took place. The district court did not err in concluding that Evers' complaint was justified, and therefore, we find no merit to Recio's first assignment of error. Actual Malice In support of her second assignment of error, Recio argues generally that there is a genuine issue of material fact as to whether Evers' complaint was made maliciously. In support, she relies on Restatement sections that relate to defamation actions and generally describe the ways in which a conditional privilege may be abused.27 And in Nebraska, by statute, truth is a defense to a claim of libel or slander \u201cunless it shall be proved by the plaintiff that the publication was made with actual malice.\u201d 28 Recio contends there is evidence that Evers' complaint, even if truthful, was motivated by actual malice. So, Recio argues, Evers' complaint was not justified. But Recio's argument in that regard is unavailing. To begin with, while actual malice may defeat a conditional privilege defense against a defamation claim, it is not at all clear that the same principles apply to a justification defense against a claim of tortious interference with a business relationship. We have, in fact, specifically disapproved any suggestion that an intentional but justified interference may subject the interfering party to liability.29 And while a malicious motive is a factor which may be considered in determining whether interference is unjustified, it is generally insufficient standing alone to establish that fact under \u00a7 767 of the Restatement.30 In general, \u00a7 772(a) does not permit any liability to be imposed for the communication of truthful information.31 But even if we consider Recio's actual malice argument, it is unsupported by the record. Actual malice may not be presumed from a communication.32 And actual malice, in this context, is defined as \u201chate, spite, or ill will.\u201d 33 Actual malice requires that the defendant act with a desire to harm the plaintiff that is unrelated to a desire to protect the acting party's rights and which is not reasonably related to the defense of a recognized property or social interest.34 That standard is not met here-aside from Recio's speculation, there is insufficient evidence to support a finding that Evers' complaint was entirely motivated by malice. Recio's opinion as to Evers' motive will not support a finding that Evers acted with actual malice and does not preclude summary judgment in Evers' favor.35 Conclusions based on guess, speculation, conjecture, or a choice of possibilities do not create material issues of fact for purposes of summary judgment.36 Recio relies on the allegation in her pleadings that Evers acted maliciously and seems to suggest that whether a defendant acted maliciously is always a question for the trier of fact precluding summary judgment. But while actual malice is generally an issue of fact,37 there is a difference between an \u201cissue of fact\u201d and a \u201cgenuine issue as to any material fact\u201d within the meaning of Neb.Rev.Stat. \u00a7 25- 2/22/25, 7:10 v (2009) \| FindLaw 13/22 1332 (Reissue 2008) (emphasis supplied).38 The primary purpose of the summary judgment procedure is to pierce the allegations in the pleadings and show conclusively that the controlling facts are other than as pled.39 Simply alleging an issue of fact is insufficient to defeat a motion for summary judgment.40 Therefore, the district court did not err in finding no genuine issue of material fact relating to actual malice. Recio's second assignment of error is without merit. Remaining Issues Having concluded that Evers is not liable to Recio based on Evers' sexual harassment complaint, we need not consider whether the complaint caused any harm to Recio. An appellate court is not obligated to engage in an analysis which is not needed to adjudicate the controversy before it.41 And in support of her argument that her sexual harassment complaint was justified, Evers relied on a conditional privilege that some courts have applied to sexual harassment complaints.42 In view of our analysis above, we need not discuss whether we would adopt such a privilege.43 Finally, we note Recio's argument that Creighton's procedures for handling Evers' sexual harassment complaint were flawed. At oral argument, Recio characterized the Creighton sexual harassment committee as a \u201ckangaroo court.\u201d It is not at all clear how this argument relates to Recio's claim against Evers or provides any basis for a finding of liability. If Creighton treated Recio unfairly in resolving Evers' sexual harassment complaint, that would support a claim against Creighton, not Evers. And Recio's claims against Creighton were brought by and decided against her in federal court.44 We conclude that a person cannot incur liability for interfering with a business relationship by giving truthful information to another. In this case, Recio's claim for tortious interference with a business relationship rested on Evers' sexual harassment complaint, and the record establishes that the material allegations of Evers' complaint were truthful. And even if actual malice can defeat a defense that interference with a business relationship was justified, there is insufficient evidence in the record to show that Evers' sexual harassment complaint was motivated by actual malice. Therefore, the district court correctly concluded that Evers' sexual harassment complaint was justified. The court's judgment is affirmed. Affirmed 1. Schuyler Co-op. Assn. v. Sahs, 276 Neb. 578, 755 N.W.2d 802 (2008). 2. Id. 2/22/25, 7:10 v (2009) \| FindLaw 14/22 3. Aon Consulting v. Midlands Fin. Benefits, 275 Neb. 642, 748 N.W.2d 626 (2008). 4. Wiekhorst Bros. Excav. & Equip. v. Ludewig, 247 Neb. 547, 529 N.W.2d 33 (1995). 5. See Pettit v. Paxton, 255 Neb. 279, 583 N.W.2d 604 (1998). 6. But see, e.g., George A. Fuller Co. v. Chicago Col. of Ost. Med., 719 F.2d 1326 (7th Cir.1983). Cf. Pettit, supra note 5. 7. Aon Consulting, supra note 3. 8. Wiekhorst Bros. Excav. & Equip., supra note 4. 9. See, Restatement (Second) of Torts \u00a7 767 (1979); Huff v. Swartz, 258 Neb. 820, 606 N.W.2d 461 (2000). 10. Aon Consulting, supra note 3. 11. See id. 12. See Restatement, supra note 9, \u00a7 772, comment a. at 50. 13. Restatement, supra note 9, \u00a7 772. 14. Id., comment b. See, also, W. Page Keeton et al., Prosser and Keeton on the Law of Torts \u00a7 129 (5th ed.1984). 15. See id. 16. See, e.g., Worldwide Primates, Inc. v. McGreal, 26 F.3d 1089 (11th Cir.1994); Tiernan v. Charleston Area Medical Center, 203 W.Va. 135, 506 S.E.2d 578 (1998); Dyer v. Bergman & Associates, Inc., 657 A.2d 1132 (D.C.App.1995); Four Nines Gold, Inc. v. 71 Const., Inc., 809 P.2d 236 (Wyo.1991); Montrone v. Maxfield, 122 N.H. 724, 449 A.2d 1216 (1982); Cohen v. Battaglia, 41 Kan.App.2d 386, 202 P.3d 87 (2009); Kutcher v. Zimmerman, 87 Hawai\u2018i 394, 957 P.2d 1076 (Haw.App.1998); Savage v. Pacific Gas and Elec. Co., 21 Cal.App.4th 434, 26 Cal.Rptr.2d 305 (1994); Liebe v. City Finance Company, 98 Wis.2d 10, 295 N.W.2d 16 (Wis.App.1980). 17. DeLay First Nat. Bank & Trust Co. v. Jacobson Appliance Co., 196 Neb. 398, 243 N.W.2d 745 (1976). 18. Wiekhorst Bros. Excav. & Equip., supra note 4. 19. See, Miller Chemical Co., Inc. v. Tams, 211 Neb. 837, 320 N.W.2d 759 (1982), disapproved on other grounds, Matheson v. Stork, 239 Neb. 547, 477 N.W.2d 156 (1991); Restatement, supra note 9, \u00a7\u00a7 768 2/22/25, 7:10 v (2009) \| FindLaw 15/22 and 772, comment a, at 50. 20. See, Cohen, supra note 16; Liebe, supra note 16. 21. See, Savage, supra note 16; Restatement, supra note 9, \u00a7 772, comment b. at 50. 22. See Restatement, supra note 9, \u00a7 772, comment b. 23. Destiny 98 v. Miodowski, 269 Neb. 427, 693 N.W.2d 278 (2005). 24. See, Pettit, supra note 5; Restatement, supra note 9, \u00a7 766A. 25. Brief for appellant at 47. 26. Id. at 32. 27. See Restatement, supra note 9, \u00a7 600 et seq. 28. Neb.Rev.Stat. \u00a7 25-840 (Reissue 2008). See, also, Neb. Const. art. 1, \u00a7 5. 29. Matheson, supra note 19. 30. Huff, supra note 9. 31. See Cohen, supra note 16. 32. See, Helmstadter v. North Am. Biological, 5 Neb.App. 440, 559 N.W.2d 794 (1997); \u00a7 25-840. 33. Young v. First United Bank of Bellevue, 246 Neb. 43, 48, 516 N.W.2d 256, 259 (1994). Accord Turner v. Welliver, 226 Neb. 275, 411 N.W.2d 298 (1987). 34. In re Estate of Albergo, 275 Ill.App.3d 439, 656 N.E.2d 97, 211 Ill.Dec. 905 (1995). See, also, Huff, supra note 9; Tams, supra note 19. 35. See, Young, supra note 33; White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988). 36. Marksmeier v. McGregor Corp., 272 Neb. 401, 722 N.W.2d 65 (2006). 37. See Helmstadter, supra note 32. 38. New Tek Mfg. v. Beehner, 270 Neb. 264, 702 N.W.2d 336 (2005). 39. Id. 40. See id. 2/22/25, 7:10 v (2009) \| FindLaw 16/22 41. Concrete Indus. v. Nebraska Dept. of Rev., 277 Neb. 897, 766 N.W.2d 103 (2009). 42. See, e.g., Cole v. Chandler, 752 A.2d 1189 (Me.2000); Vickers v. Abbott Laboratories, 308 Ill.App.3d 393, 719 N.E.2d 1101, 241 Ill.Dec. 698 (1999). 43. See Concrete Indus., supra note 41. 44. See Recio v. Creighton University, 521 F.3d 934 (8th Cir.2008), affirming No. 8:06CV361, 2007 1560323 (D.Neb. May 29, 2007). GERRARD, J. 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, 7:10 v (2009) \| FindLaw 17/22 v (2009) Docket No: No. S-07-1338. Decided: August 28, 2009 Court: Supreme Court of Nebraska. 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, 7:10 v (2009) \| FindLaw 18/22 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, 7:10 v (2009) \| FindLaw 19/22 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, 7:10 v (2009) \| FindLaw 20/22 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, 7:10 v (2009) \| FindLaw 21/22 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 7:10 v (2009) \| FindLaw 22/22", "7303_103.pdf": "From Casetext: Smarter Legal Research Recio v. Creighton University United States District Court, D. Nebraska May 29, 2007 NO. 8:06CV361 (D. Neb. May. 29, 2007) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free NO. 8:06CV361. May 29, 2007 CAMP, District Judge This matter is before the Court on the Defendant Creighton University's Motion for Summary Judgment (Filing No. 45). For the reasons stated Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 1/11 below, the Defendant's Motion will be granted The Defendant, Creighton University (\"Creighton\"), is a private university in Omaha, Nebraska, operating several undergraduate, graduate and professional colleges and schools, including a College of Arts and Sciences. One of the departments in that College is the Department of Modern Languages and Literatures (the \"Department\"). (Affidavit of Greg Jahn, Vice-President and General Counsel of Creighton University (\"Jahn Aff.\"), Filing No. 48-1, \u00b6 3). The Plaintiff, Roxana Recio (\"Recio\"), is an Associate Professor of Spanish in the Department. (Complaint, Filing No. 1, \u00b6 3; Answer, Filing No. 10, \u00b6 3). In early February 2004, Recio lodged a written complaint about Dr. Michelle Evers (\"Evers\"), a non-tenured Creighton faculty member. (Report of University Sexual Harassment Committee, April 22, 2004 (\"Committee Report\"), Jahn Aff., Ex. A, p. 2). On February 18, 2004, Evers submitted a letter to Timothy Austin, Dean of Creighton's College of Arts and Sciences, informing him of \"inappropriate and offensive\" communications received from Recio. (Letter from Michelle Evers to Timothy Austin dated February 18, 2 2004, Deposition of Michelle Evers Warren (\"Evers Depo.\"), Ex. 83, Filing No. 48-13). On March 17, 2004, Evers filed a formal complaint of sexual harassment against Recio. (Letter from Michelle Evers to Kathy Taggart dated March 17, 2004, Deposition of Ivelissa Santiago-Stommes (\"Santiago-Stommes Depo.\"), Ex. 67, Filing No. 48-9). Essentially, Evers alleged that in 2001, shortly after Evers interviewed for employment as a faculty member at Creighton, Recio sent her a series of \"obsessive, stalker- like\" e-mail communications and made \"inappropriate advances . . . of a strong sexual nature.\" ( Id.). When Evers discontinued e-mail contact with Recio, Recio \"repeatedly and relentlessly tried to re-initiate contact,\" according to Evers. ( Id.). Evers perceived Recio's complaint to be in retaliation for Evers's refusal to communicate with Recio. (Committee Report, p. 2). 2 In accordance with Creighton's policies and procedures, a four-person Sexual Harassment Committee (the \"Committee\") heard evidence and, on April 22, 2004, issued a fourteen-page report and recommendation to 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 2/11 Creighton's president, Rev. John Schlegel, S.J. (\"Father Schlegel\"). The Committee recommended that Recio's employment be terminated immediately, due to Recio's \"pattern of obsessive, aggressive and retaliatory behavior toward Dr. Evers,\" and Recio's \"long-standing unprofessional behavior\" contributing to \"a dysfunctional and hostile academic environment for the entire department that continues constantly to be addressed by the administration.\" (Jahn Aff., \u00b6\u00b6 5, 7; Committee Report, p. 14). Fr. Schlegel reviewed the Committee's recommendation, and, on May 12, 2004, determined that the Committee's conclusions had \"substantial merit.\" Fr. Schlegel noted that the \"evidence appears to be quite strong\" that Recio \"created and continues to create 3 a very hostile working environment for all members of the Department.\" He further noted that members of the Department \"describe her as `obsessive, a bully, aggressive, irrational, demanding, creates conflict, stalking, retaliates, rages, verbal violence, explosive, etc.'\" He specifically agreed with the Committee's conclusion that Recio \"displays a pattern of obsessive, aggressive behavior,\" and that Recio's complaint against Evers had \"the classic form of a preemptive strike.\" (Letter from John Schlegel, S.J. to Committee Members dated May 12, 2004, Deposition of Timothy Austin (\"Austin Depo.\"), Ex. 13, Filing No. 48-6). 3 Yet, Fr. Schlegel declined to terminate Recio's employment. Instead, he concluded that \"[t]his case . . . is much more than a sexual harassment case,\" and ordered that Recio be placed on probation for one year, with five conditions for her continued employment: (1) no communication or contact with Evers; (2) no statements to others about Evers; (3) a program of psychological counseling at her own cost, approved by the Dean; (4) an educational program, also approved by the Dean, \"dealing with issues of communication, appropriate interaction with others, teamwork, etc.\"; and (5) close monitoring and documentation of her conduct in the classroom, attendance at classes, scheduling and maintaining of office hours for students, and her interactions with faculty throughout the year of probation. ( Id.). On July 14, 2004, Recio filed a charge of employment discrimination with the Nebraska Equal Opportunity Commission (\"NEOC\"), alleging that 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 3/11 1. Notification that her one-year probationary status would end one year after she began the required counseling sessions, rather than on May 31, 2005. 2. Notification that her teaching schedule would include classes on Mondays, Wednesdays and Fridays. 3. \"Provocative conduct\" by Evers, Creighton's imposition of probation was based on her national origin, i.e., Spanish. (2004 Nebraska Equal Opportunity Commission and Complaint, Deposition of Roxana Recio (\"Recio Depo.\"), Ex. 35, Filing No. 48-3). The found no reasonable cause for Recio's 4 complaint, and concluded that the \"discipline was based on evidence and witness testimony that [Recio] created a hostile, intimidating work environment, not only for the colleague who complained, but for her department as a whole. There is no evidence to show that the level of discipline was based on [Recio's] national origin.\" (Commission Determinations, Recio Depo., Ex. 36, Filing No. 48-3, p. 2). 4 On May 10, 2005, Recio filed a second charge with the NEOC, alleging that Creighton had retaliated against her for the filing of the first charge. (2005 Nebraska Equal Opportunity Commission and Complaint, Recio Depo., Ex. 37, Filing No. 48-3). On May 3, 2006, the terminated the processing of the charge and, at Recio's request, issued a right-to-sue letter. (Complaint, Filing No. 1, Ex. A). Recio filed this action on May 10, 2006, alleging that Creighton retaliated against her for the filing of the July 2004 charge of discrimination, in violation of Title of the Civil Rights Act of 1964, as amended, 42 U.S.C. \u00a7 2000e et seq. (\"Title VII\"). (Complaint, Filing No. 1). The Complaint alleged acts of retaliation of a continuing nature, including but not limited to thirteen acts preceding the filing of her charge of retaliation, and eight acts following the filing of her charge of retaliation. The twenty-one alleged acts of retaliation are: 1 1 Recio's Complaint did not challenge the process Creighton used that resulted in her discipline for alleged misconduct, nor did the Complaint raise any issue of discrimination based on Recio's national origin. (Preceding filing of retaliation charge) 5 (Following filing of retaliation charge) 6 56 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 4/11 uncorrected by Creighton following complaint by Recio. 4. Shunning by other faculty members and a \"hostile work environment\" promoted and condoned by Creighton. 5. Denial of \"privileges and courtesies commensurate with her position and enjoyed by comparators.\" 6. Problems with temperature control in her office. 7. Direction by the Dean to attend a workshop in Sioux City, Iowa, when Recio planned to be in Spain on Christmas break. 8 requirement that she receive psychological counseling at her own expense into the fall of 2005, although she was not in need of such counseling. 9 requirement that she acknowledge her probationary period extending into the 2005-06 school year as a condition of her employment contract. 10. Denial of raises and promotions commensurate with her standing. 11. Denial of teaching assignments in advanced courses and denial of the opportunity to teach summer classes. 12. Discouraging students from selecting her as a faculty advisor. 13. Denial of opportunities granted to other faculty members, such as participating in a program of study in Spain. 14. Failure to respond to requests for assistance with actions such as ordering textbooks and obtaining reimbursement for travel expenses. 15. Failure to tape record meetings of the Spanish Department. 16. Failure to ensure that student teaching evaluations remained sealed. 17. Failure to provide comfortable temperatures in Recio's new office space. 18. Requiring that Recio teach classes on Mondays, Wednesdays and Fridays. 19. Failure to allow Recio to teach advanced courses, and to give her opportunities to study in Spain. 20. Failure to seek Recio's input on matters affecting the Spanish Department, shunning her and subjecting her to a hostile work environment. 21. Failing to treat Recio's illness in the same manner as illnesses of other faculty members, particularly with regard to arrangements for substitute teachers. (Complaint, Filing No. 1, pp. 3-7). Recio seeks injunctive relief prohibiting Creighton and \"its officers, agents, employees, attorneys and assigns and other representatives from engaging in the aforesaid and any other employment policy or practice which discriminates against [Recio] because of her exercising rights afforded to her under Title VII,\" damages in an amount in excess of $100,000, and other relief. (Complaint, Filing No. 1, pp. 8-9). Creighton moved for Summary Judgment, and both parties submitted briefs and indexes of evidence in support of their positions. 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 5/11 Summary judgment is proper if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates no genuine issue of material fact exists and the moving 7 party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Cordry v. Vanderbilt Mortg. Fin., Inc., 445 F.3d 1106, 1109 (8th Cir. 2006) (quoting Bockelman v Worldcom, Inc., 403 F.3d 528, 531 (8th Cir. 2005)). The proponent of a motion for summary judgment \"bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact.\" Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (quoting Fed.R.Civ.P. 56(c)). The proponent need not, however, negate the opponent's claims or defenses. Id. at 324-25. 7 In response to the proponent's showing, the opponent's burden is to \"come forward with `specific facts showing that there is a genuine issue for trial.'\" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting Fed.R.Civ.P. 56(e \"genuine\" issue of material fact is more than \"some metaphysical doubt as to the material facts.\" Id. at 586. \"[T]here is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). \"If the evidence is merely colorable . . . or is not significantly probative . . . summary judgment may be granted.\" Id. at 249-50 (citations omitted). Summary judgment is \"properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed `to 8 secure the just, speedy and inexpensive determination of every action.'\" Celotex Corp., 477 U.S. at 327. 8 The local rules of this Court require that a moving party \"set forth in the brief in support of the motion for summary judgment a separate statement 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 6/11 of material facts as to which the moving party contends there is no genuine issue to be tried and that entitle the moving party to judgment as a matter of law.\" NECivR 56.1(a)(1). \"The statement of facts shall consist of short numbered paragraphs, each containing pinpoint references to affidavits, pleadings, discovery responses, deposition testimony (by page and line), or other materials relied upon to support the material facts recited in that paragraph.\" NECivR 56.1(a)(2) (emphasis in original). Creighton has complied with the Court's local rules, addressing each of Recio's allegations in exhaustive detail, providing its non-retaliatory rationale for actions taken, with proper references to affidavits, pleadings, discovery responses, deposition testimony, or other materials relied upon in support. In response, the opposing party is required to \"address each numbered paragraph in the movant's statement and, in the case of any disagreement, [the response shall] contain references to affidavits, pleadings, discovery responses, deposition testimony (by page and line), or other materials upon which the opposing party relies. Properly referenced material facts in the movant's statement will be deemed admitted unless controverted by the opposing party's response.\" NECivR 56.1(b)(1) (emphasis in original). 9 9 Recio's responsive brief contains a forty-two page \"background\" narrative. When Recio does address the numbered paragraphs in Creighton's statement of facts, she generally refers the Court to the \"explanation in Background, above.\" (Plaintiff's Brief in Opposition to Defendant's Motion for Summary Judgment, Filing 49-1, pp. 42-46). Recio argues that there are \"literally hundreds of disputed material facts\" precluding summary judgment. ( Id. at 49 careful review of the evidence before the Court supports Creighton's non- retaliatory explanations for each of Recio's twenty-one alleged acts of retaliation. The evidence further reveals that many of Recio's complaints are without any basis in fact ( e.g., when Recio told Dean Austin that she planned to be in Spain at the time of the Sioux City workshop, the Dean arranged for her to attend a different workshop); others concern events that preceded the filing of her charges ( e.g., Recio's complaints about the 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 7/11 \"As in a Title discrimination claim, in a retaliation claim the plaintiff bears the burden of establishing a prima facie case.\" Higgins v. Gonzalez, 481 F.3d 578, 584 (8th Cir. 2007). After Burlington Northern Sante Fe Ry. Co. v. White, 126 S. Ct. 2405 (2006), to establish such a claim, a plaintiff must show: (1) she engaged in protected conduct; (2) a reasonable employee would have found the challenged retaliatory action materially adverse; and (3) the materially adverse action was causally linked to the protected conduct. Higgins, 481 F.3d at 589 (citing Burlington Northern, 126 S. Ct. at 2415). An allegedly retaliatory action is materially adverse if \"it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.\" Id. (quoting Burlington Northern, 126 S. Ct. at 2415). \"The standard is thus objective, requiring [a court] to consider whether a reasonable employee in the plaintiff's position might have been dissuaded from making a discrimination claim because of the employer's retaliatory actions. Id. (citing Burlington Northern, 126 S. Ct. at 2412-13). The Supreme Court in Burlington Northern emphasized that the adverse action must be \"material,\" because \"it is important to separate significant from trivial harms.\" Burlington Northern, 126 S. Ct. at 2415. \"Title . . . does not set forth `a general civility code for the American workplace.'\" Id. (quoting Oncale v. Sundowner Offshore Serv., Inc., 523 U.S. 75, 80 (1998)). temperature in her office began several months before the filing of her charges); and others concern actions that Creighton took at Recio's request or which she specifically approved ( e.g., Recio spends her summers in Spain and is not available to teach summer classes at Creighton; and, in September of 2004, Recio expressed her approval of the course levels assigned to her). The facts of each incident and the evidence supporting Creighton's non-retaliatory reasons for its actions will not be repeated herein, because, as discussed below conclude that Recio has not alleged nor suffered any materially adverse employment action. 10 10 In Burlington Northern, the Court held that a plaintiff's thirty-seven day investigatory suspension and reassignment to job duties that were more arduous, dirtier and less prestigious, were employment actions properly submitted to a jury to determine whether they were materially adverse as 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 8/11 well as retaliatory. Id. at 2417-18. In Higgins, the Eighth 11 Circuit Court found that the plaintiff's claim that she was denied mentoring and supervision did not rise to a materially adverse employment action. Higgins, 481 F.3d at 590. \"[T]here is nothing to suggest this [personality] conflict created a situation so unbearable or bleak that a reasonable employee would have been dissuaded from complaining about discrimination in such an environment.\" Id. The court also found that the plaintiff's transfer from Rapid City to Pierre, South Dakota, and the inherent inconveniences of such a move, did not rise to the level of a materially adverse employment action, because there was no evidence that the plaintiff's new duties were more difficult, less desirable or less prestigious. Id. at 591. Accordingly, in Higgins, there was not a question of fact to be submitted to a jury, and the district court's summary judgment for the defendant was affirmed. 11 Burlington Northern and Higgins require that this Court look at Recio's situation objectively to determine whether the Defendant's actions would dissuade a reasonable employee in Recio's shoes from bringing a complaint of discrimination. Id. (citing Burlington Northern, 126 S. Ct. 2405). In other words, are the alleged retaliatory actions so significant that an average employee would refrain from exercising his or her rights under Title in order to avoid such adverse consequences? Recio cannot \"make her claim based on personality conflicts, bad manners, or petty slights and snubs.\" Id. The record in this case is devoid of evidence that Creighton's actions materially and adversely affected Recio's life such that a reasonable employee in her shoes would be deterred from exercising her rights under Title in order to avoid such consequences. While Recio has satisfied the first prong of her prima facie case, i.e., she engaged in protected conduct by the filing of her claims, she has not met her burden of demonstrating that a *12 reasonable employee would have found the allegedly retaliatory actions to be materially adverse, nor has she met her burden of demonstrating that the allegedly retaliatory actions were causally linked to her protected conduct. Further, Creighton has presented meticulously documented evidence showing non-retaliatory reasons for each of the allegedly adverse actions, and Recio has not come forward with any evidence that Creighton's legitimate, non-retaliatory reasons for its actions were pretexts for retaliation. 12 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 9/11 Just as Creighton University's President, Fr. Schlegel, concluded that Recio's complaint about co-worker Evers had the \"classic form of a preemptive strike\" to discredit Evers's allegations of sexual harassment, Recio's claims of retaliation appear to be a preemptive strike to insulate herself from the consequences of her own misconduct. Because the Plaintiff has not shown that she suffered any materially adverse employment action, nor that the Defendant's allegedly retaliatory actions were causally linked to her protected conduct, the Defendant's Motion for Summary Judgment will be granted ORDERED: 1. The Defendant Creighton University's Motion for Summary Judgment (Filing No. 45) is granted; and 2 separate Judgment will be entered, dismissing the Plaintiff Roxana Recio's Complaint (Filing No. 1) with prejudice. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales 2/22/25, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 10/11 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, 7:10 Recio v. Creighton University NO. 8:06CV361 \| Casetext Search + Citator 11/11"}
8,613	Pier Paolo Pandolfi	Harvard University	[ "8613_101.pdf", "8613_102.pdf", "8613_103.pdf", "8613_104.pdf" ]	{"8613_101.pdf": "02 July 2020 Former Harvard researcher who sexually harassed postdoc sparks turmoil at Italian institute research institute that appointed Pier Paolo Pandolfi as its scientific director has reversed its decision after internal protests. By Alison Abbott Access options Access Nature and 54 other Nature Portfolio journals Get Nature+, our best-value online-access subscription An Italian scientific institute has reversed its decision to appoint a high-profile cancer researcher \u2014 Pier Paolo Pandolfi \u2014 as its scientific director after a tumultuous month of protests and accusations. The row over Pandolfi, who admits one instance of sexual harassment and has been accused of scientific misconduct in his research papers, resulted in the resignation of the entire scientific board of the Veneto Institute of Molecular Medicine (VIMM) in Padua. nature news article 2/22/25, 7:11 Former Harvard researcher who sexually harassed postdoc sparks turmoil at Italian institute 1/3 24,99 \u20ac / 30 days cancel any time Learn more Rent or buy this article Prices vary by article type from $1.95 to $39.95 Learn more Subscribe to this journal Receive 51 print issues and online access 185,98 \u20ac per year only 3,65 \u20ac per issue Learn more Prices may be subject to local taxes which are calculated during checkout Additional access options: Log in Learn about institutional subscriptions Read our FAQs Contact customer support Nature 583, 182 (2020) doi: Reprints and permissions 2/22/25, 7:11 Former Harvard researcher who sexually harassed postdoc sparks turmoil at Italian institute 2/3 Nature (Nature 1476-4687 (online 0028-0836 (print) 2/22/25, 7:11 Former Harvard researcher who sexually harassed postdoc sparks turmoil at Italian institute 3/3", "8613_102.pdf": "An official website of the United States government In the news Media coverage of health and science topics The Scientist 7, 2020 Italian Institute Revokes Appointment of Cancer Researcher Pier Paolo Pandolfi left Harvard University last year following allegations of sexual harassment, and has since been accused of research misconduct. Read more at The Scientist Behind the headlines Research findings and data from the National Library of Medicine PubMed articles Here's how you know Log in Search Nature JAN. 1, 2020 2/22/25, 7:11 News: Italian Institute Revokes Appointment... (The Scientist) - Behind the headlines 1/4 Related content Former Harvard researcher who sexually harassed postdoc sparks turmoil at Italian institute Abbott Nature 11, 2018 Harassment should count as scientific misconduct Nature SEPT. 22, 2017 Scientists' sexual-harassment case sparks protests at University of Rochester Nature 17, 2018 \ufeffSacked Japanese biologist gets chance to retrain at Crick institute Forensic Nurs NOV. 16, 2018 Sexual Misconduct Policies at Institutes of Higher Education: An Integrative Review Jurimetrics OCT. 1, 1988 Deception in scientific research Sci Eng Ethics 2, 2018 Working with Research Integrity-Guidance for Research Performing Organisations: The Bonn Statement Interpers Violence SEPT. 6, 2018 Leveraging Data to Strengthen Campus Sexual Assault Policies Mil Med JAN. 8, 2016 Sexual Harassment and Assault in the U.S. Military Review of Policy and Research Trends Harefuah SEPT. 19, 2015 Allegations of sexual misconduct against physicians and possible defence strategies 2/22/25, 7:11 News: Italian Institute Revokes Appointment... (The Scientist) - Behind the headlines 2/4 Also of interest Additional recent and related news The Guardian OCT. 21, 2018 Cancer Research to cut funding for scientists who bully colleagues charity cracks down on harassment after recent high-profile accusations The Scientist 25, 2018 Seven Researchers Guilty of Misconduct in Macchiarini Case The Karolinska Institute\u2019s latest decision includes a guilty verdict for one of the whistleblowers who contributed to the investigation. The Washington Post 9, 2024 OB/GYNs routinely experience sexual harassment, study suggests Up to 70.9 percent of participants in the reviewed studies reported sexual harassment in the workplace. The Scientist SEPT. 21, 2018 Unveils New Sexual Harassment Policy The measures include, in specific cases, terminating awards for researchers who have been found guilty in investigations by their institutions. The New York Times 12, 2018 How Universities Deal With Sexual Harassment Needs Sweeping Change, Panel Says (Published 2018) Current policies and programs have failed overwhelmingly to address and prevent the problem, said a report from the National Academies of Sciences, Engineering and Medicine. 2/22/25, 7:11 News: Italian Institute Revokes Appointment... (The Scientist) - Behind the headlines 3/4 Connect with National Library of Medicine 8600 Rockville Pike Bethesda 20894 Web Policies Vulnerability Disclosure Help Accessibility Careers USA.gov 2/22/25, 7:11 News: Italian Institute Revokes Appointment... (The Scientist) - Behind the headlines 4/4", "8613_103.pdf": "Enjoy this site?Gift the author a WordPress.com plan. Gift For Better Science COVID-19 Pier Paolo Pandolfi shrouded in Turin 1, 2021 Tenured positions in academia are very difficult to get. And even then, the workload can be enormous, especially the dreaded excesses of teaching duties: lectures, courses, exams, tutoring, so you end up writing your grants late at night. Step out of the line and you are out on your ear. Well, for losers like you it is like that. But for star scientists like the Italy-born cancer researcher Pier Paolo Pandolfi, it\u2019s different. Pandolfi was sacked in Harvard (USA) for sexual harassment in May 2019, then sacked again in Padua (Italy) in June 2020 before Pandolfi even started there (because of mine and Michael Balter\u2019s reporting ( spotted-in-italy-and-nevada/)), and still managed to keep his other new job in Nevada.fi 6 \uf108 \uf412 \uf419 Menu \uf406 Close 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 1/15 Yet unbeknownst to anyone, including to the Italian media which got Pandolfi to admit ( molestie-stata-sbandata-ho-sbagliato-mi-scuso-me-ne-sono-andato-io-1a2cf846-b830-11ea-b2d0- 312cc6f9a902.shtml) harassment charges and his dismissal in Harvard as protests ( capo-vi-dico-come-ci-si-sente-5961668a-b8b9-11ea-b2d0-312cc6f9a902.shtml) raged against his recruitment in Genua, that fallen star scientist has been for many years secretly enjoying a job of a full professor at the University of Turin. Not just pro forma: Pandolfi apparently has been drawing a salary as Italian state servant while residing in USA, his only student course is said to be largely taught by stand-ins. The University of Turin sees no reason to change that, they celebrate their professor as a genius who found a COVID-19 cure. ( nevada/) Full Professor Here is Prof. Pier Paolo Pandolfi De Rinaldis ( pier.pandolfiderinaldis#tab-didattica), Professore ordinario (full professor) at the Dipartimento di Biotecnologie Molecolari e Scienze per la Salute, affiliated with SSD: BIO/11 \u2013 biologia molecolare, and teaching \u201cGenomics and Epigenomics of Gene Regulation ( (BIO0143B Pds 306-TB) Master Program in Molecular Biotechnology\u201c. In this capacity as University of Turin faculty, Pandolfi is also member ( of the Societ\u00e0 Italiana di Biofisica e Biologia Molecolare. Now, \u201cDe Rinaldis\u201d is the part of his name Pandolfi hardly uses (although here is one case ( and here another ( prof-pier-paolo-pandolfi)). Unlike with other Turin professors, his profile has no photograph. One could almost think that the University of Turin lists the obscure full name to make an uninitiated reader think this must be some other Pier Paolo Pandolfi. Yet it is the same one, and nobody in Italy noticed when the scandal was raging in national media last year, this is how clandestinely a university can operate. 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 2/15 ( 2021.05.31-10_39_41.png) As was told by a source, Pandolfi \u201cnever had an actual research presence in Turin (i.e. a lab) and he only showed up sporadically for conferences or to give one or two lectures as part of his course\u201c. The rest was \u201ctaught in large part by his local lackeys\u201c. Weapons for fight the virus And just two months ago, the University of Turin celebrated their professor for having found a cure for COVID-19. The press release ( farmaco-che-intrappola-il-virus-sars-cov-2), titled \u201c\u201cI3C\u201d discovered, the drug that traps the Sars-Cov 2 virus\u201c, declared for Pandolfi\u2019s affiliation \u201cUniversity of Turin \u2013 University of Nevada, USA\u201d. The press release went: \u201cThe research team identified a class of enzymes (E3-ubiquitin ligases) necessary for the SARS-CoV-2 virus to exit infected cells and spread to all tissues of the body. These same proteins also perform a similar action for other viruses such as Ebola. Researchers have shown that the levels of these enzymes are elevated in patients\u2019 lungs and other tissues infected with the virus. The study also identified rare genetic alterations in the genes coding for these proteins in a subgroup of patients (about 1300) with severe disease selected from the cohorts of the International Consortia Human Genetic Effort, French Cohort Study Group, CoV-Contact Cohort, eHealthy Nevada Project. These alterations increase the activity of enzymes and favor the release of the infecting virus. 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 3/15 The team has shown that the activity of these enzymes can be inhibited by a natural compound that is well tolerated by the human body, known as Indol-3 Carbinol (I3C), and therefore potentially usable as antiviral in single form or in combination with other therapies. Compound I3C has been shown to block, in vitro, the exit and multiplication of the virus from infected cells. I3C could be quickly approved as it is already used for other treatments, once efficacy on COVID-19 patients has been demonstrated. \u201c La rivista Cell Death & Disease (@nature ( ha pubblicato uno studio internazionale guidato da @NovelliGnovelli ( di #unitorvergata ( e Pandolfi di @unito ( I3C frena la diffusione del virus Sars-CoV-2 nell'organismo.#covid ( #covid19 ( ( \u2014 Universit\u00e0 di Roma Tor Vergata (@unitorvergata) March 26, 2021 ( Somehow the Rome-based lead author Guiseppe Novelli ( got endowed with an additional Nevada affiliation, likely at the same Desert Research Institute (DRI) in Reno where Pandolfi found a new employment and even was seen recruiting postdocs ( (don\u2019t believe Nature, who plagiarised mine and Balter\u2019s work and falsely claimed ( Pandolfi resigned at the DRI, read here instead ( of-harvard-spotted-in-italy-and-nevada/)). In reality, Pandolfi\u2019s employment runs via a private hospital (Renown Health), but Pandolfi\u2019s \u201cresearch\u201d happens at DRI, the hospital has no labs for that. Another co-author on that COVID-19 study is Joseph Grzymski ( cancer/treatment/clinical-trials-cancer/), who recruited Pandolfi to and Renown Health. Grzymski runs a genetic testing business called Healthy Nevada Project ( to \u201cincrease educational attainment and economic output via population health strategies to improve health outcomes\u201c which sounds like eugenics because it\u2019s probably is. The Turin press release even cites Pandolfi, as if their professor character was not toxic or embarrassing: \u201cWe have to think long term\u2013 states Prof. Pandolfi \u2013 The vaccines, although they are very effective, they may no longer be so in the future, because the virus mutates, and therefore you need to have more weapons for fight it. The discovery about I3C is important, and now we have to start clinical studies to demonstrate its potential effectiveness. It will be important to evaluate if I3C can also reduce the very serious clinical complications many patients experience after having passed the acute stage of infection. This will be a serious problem in the years to come, which we will have to manage. We also have to move forward in drug research, to identify additional compounds and effective therapies now for Covid-19, and for other viruses that we will be called to face in the future\u201d. Clinical trials, why not. The man was sacked for sexual harassment. They still think it doesn\u2019t matter and Pandolfi is a great guy because he does great science, look, a COVID-19 cure! But Pandolfi has 38 papers on PubPeer ( Lazy crap like this, this is how safe they all felt: 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 4/15 Zhong et al Exp Med 2000 ( Bernardi et al Nature Cell Biology 2004 ( Conclusions not affected Cell paper from Pandolfi\u2019s Harvard lab (Tay et al Cell 2011 ( was proven to be irreproducible by Wang et al eLife 2020 ( and there were not even any image manipulations found in it. But we were talking about the pride University of Turin takes in their Professor Pandolfi and his COVID-19 cure. The discovery was celebrated already a year ago, in Italian media ( which was tricked to believe Pandolfi was still in Harvard: da @sole24ore ( genetisti italiani @NovelliGnovelli ( dell\u2019Universit\u00e0 di Roma Tor Vergata, e Pier Paolo Pandolfi, del Beth Israel Deaconess Medical Center hanno selezionato anticorpi sintetici per bloccare il #coronavirus ( src=hash&ref_src=twsrc%5Etfw) #COVID19 ( src=hash&ref_src=twsrc%5Etfw) ( \u2014 Universit\u00e0 di Roma Tor Vergata (@unitorvergata) May 13, 2020 ( It took these geniuses one year and a huge team of collaborators to finally get their paper published in a pay-to-play journal ( \u20ac3,290) where Guido Kroemer ( (yes, the centre of data fudgery universe) is deputy editor and which Editor-in-Chief Mauro Piacentini is a colleague of the first author Guiseppe Novelli at the University of Rome Tor Vergata. Giuseppe Novelli, Jing Liu, Michela Biancolella, Tonino Alonzi, Antonio Novelli, J. J. Patten, Dario Cocciadiferro, Emanuele Agolini, Vito Luigi Colona, Barbara Rizzacasa, Rosalinda Giannini, Benedetta Bigio, Delia Goletti, Maria Rosaria Capobianchi, Sandro Grelli , Justin Mann , Trevor D. McKee, Ke Cheng , Fatima Amanat, Florian Krammer, Andrea Guarracino, Gerardo Pepe, Carlo Tomino, Yacine Tandjaoui-Lambiotte, Yurdagul Uzunhan, Sarah Tubiana, Jade Ghosn, Luigi D. Notarangelo, Helen C. Su, Laurent Abel, Aur\u00e9lie Cobat, Gai Elhanan, Joseph J. Grzymski, Andrea Latini, Sachdev S. Sidhu, Suresh Jain, Robert A. Davey, Jean-Laurent Casanova, Wenyi Wei, Pier Paolo Pandolfi Inhibition of E3 ligases as potential therapy for COVID-19 ( Cell Death and Disease (2021) doi: 10.1038/s41419-021-03513-1 ( 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 5/15 \"I3C CELLS. Our international team has identified a class of enzymes (E3-ubiquitin ligase) necessary for the CoV 2 virus to exit from infected cells. Thanks to All! ( pic.twitter.com/73tRhxGBiG ( \u2014 Giuseppe novelli (@NovelliGnovelli) March 24, 2021 ( Nature Group, which publishes this journal, reassures us: \u201cThe authors declare no competing interests.\u201d If this is true, then that May 2020 press release ( University-Toronto-Announce-Licensing%C2%A0of-Neutralizing) by a new biotech start-up Virna Therapeutics ( set up by Pandolfi and his co-authors Sachdev Sidhu and Suresh Jain, must be wrong: \u201cThe founders of Virna Therapeutics include Dr. Sachdev Sidhu (Chief Scientific Officer), leader of the discovery and development process, Suresh K. Jain, PhD. (President and Chief Executive Officer), a Boston-based serial biotech entrepreneur with a track record of success in building world-class organizations and teams, and Pier Paolo Pandolfi, MD., PhD., FRCP, a famed cancer molecular geneticist and therapy expert. Virna Therapeutics has a three-pronged strategy to target the COVID-19 virus: (1) neutralizing antibodies that will prevent the virus from entering host cells, (2) CRISPR/Cas13d-based and LNA- based technologies for the treatment and prevention of virus infection and (3) novel protease inhibitors that will prevent replication and release from host cells.\u201d Whom to believe, Nature or your own eyes? ( 11_37_49.png) From Sidhu\u2019s lab website ( Oh, and the paper\u2019s first author Novelli is a listed ( as a scientific advisor of Virna Therapeutics. No conflict of interest, not at all. 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 6/15 Conclusions not affected Otherwise, an amazing team on that paper wonder if the much respected Icahn virologist Florian Krammer ( noticed who his collaborator was before putting his name on that paper. Pandolfi, as a reminder, has currently 38 papers on PubPeer ( His penultimate co-author is his former colleague at the Beth Israel Deaconess Medical Center, Weniy Wei ( department/pathology/laboratories/wenyi-wei-lab), who has several papers on PubPeer ( of his own. This one with a recycled western blot even has Pandolfi as co-author: 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 7/15 Inuzuka et al Cell 2012. Never corrected, because Wei declared \u201cthis mistake does not affect the conclusions of this report\u201c. Wei\u2019s science must be as reliable as Pandolfi\u2019s. If these two team up to crack SARS-CoV2, consider the coronavirus vanquished. Here a paper from Wei\u2019s lab (Liu et al Nature Cell Biology 2013 ( without Pandolfi) which was corrected ( for Figure 3b and 9, then more data irregularities emerged in other figures: How does falsification this happen by honest mistake? Even without duplication, what is the validity of a blank gel without positive control? Special rules for special people at Nature. Wei however decided one correction was more than enough. His first author posted ( some unrelated pictures on PubPeer, claimed these were the original raw data and the case was closed, also for the journal. And now Pandolfi even gave a lecture in Turin, online because of that pandemic he is currently in the process of solving. 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 8/15 Tarone Day The University of Turin and the Department of Biotechnology organised a seminar, hosted annually in honour of their deceased professor Guido Tarone. Pandolfi featured at these events before, invited by the Turin professor Emilio Hirsch ( Honored to give the keynote lecture at the University of Torino research day as host of the illustrious Emilio Hirsch. Come all this way only to find our \u2066@BIDMChealth ( ref_src=twsrc%5Etfw)\u2069 Cancer Center Director Pier Paolo Pandolfi is also here!! pic.twitter.com/aMbJ7ki6w9 ( \u2014 Alex Toker (@alex_toker) September 13, 2018 ( On 4 May 2021, associate professor Paolo Ettore Porporato ( sent out an invitation to this year\u2019s Tarone Day: Dear all, given COVID19 restriction, also this year was not possible to organize as usual the \u201cTarone Day\u201d. Nevertheless, we decided to organize a joint seminar looking forward for a better 2022. It is my pleasure to invite you to the Double Seminar on the 17 of May: 16:00 Prof. Lewis Cantley 3-Kinase and Cancer Metabolism\u201d 17:00 Prof Pandolfi \u201cHarnessing the regulatory network for cancer prevention and therapy and for Covid suppression\u201d You can join the Symposia on the Zoom platform using the following link: ( Best Regards, Paolo, Miriam and Emilio Pandolfi, as was told, was treated as a guest of honour by everyone involved, including the host Hirsch (who signed the invitation) and the department head Fiorella Altruda ( \u201cMiriam\u201d is Miriam Martini ( Hirsch\u2019s protegee and now group leader at the University of Turin. 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 9/15 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 10/15 ( The university even invited Lewis Cantley ( a heavyweight in cancer research from the Weill Cornell Medical School to share the virtual podium with Pandolfi. One could say, Cantley was the opening act before the main feature of Pandolfi. Now wrote about suspected data manipulations in Cantley\u2019s own papers before (read here ( and here ( and hope this eminent scientist with 30 papers on PubPeer ( will eventually find time to correct the literature. In any case was happy to see Cantley seemingly distance himself from Pandolfi, as the Weill Cornell researcher wrote to me: \u201cWhen was invited to speak in Torino more than a year and a half ago was the sole speaker was surprised to see the change.\u201c No comment from anyone in Turin. They shroud themselves and their martyred Jesus in silence. Update: Right after sent this article to the University of Turin, its press office replied: ( 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 11/15 \u201cDear Dr. Shneider, Professor Pandolfi has requested a leave of absence from his position as full professor at our University.We specify, however, that the facts that have personally involved Professor Pandolfi and of which we have had news only through the press do not concern our University. We also specify that we have had no direct news of irregularities regarding the Professor\u2019s activity.We wish you all the best in your work.\u201c They refuse to say when Pandolfi asked for that \u201cleave of absence\u201d, for how long, and if he will continue drawing his salary as full professor. Donate! If you are interested to support my work, you can leave here a small tip of $5. Or several of small tips, just increase the amount as you like (2x=\u20ac10; 5x=\u20ac25). You won\u2019t read these news anywhere else. \u20ac5.00 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 12/15 Or maybe \u20ac5 monthly? ( blog=101855768&plan=41914&lang=en&pid=59421&redirect=https%3A%2F%2Fforbetterscience.com%2F 2021%2F06%2F01%2Fpier-paolo-pandolfi-shrouded-in-turin \u2022 COVID-19 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 13/15 About Leonid Schneider Independent Science Journalist and Cartoonist. Formerly molecular cell biologist. My academic at: 6 comments on \u201cPier Paolo Pandolfi shrouded in Turin!\u201d Pingback: Chi si rivede \u2013 ocasapiens Control Negative June 20, 2021 Pier Paolo Pandolfi (De Rinaldis) is still in the scientific standing committee of the Fondazione Pezcoller (Italy) with his Harvard affiliation. This foundation \u2013 which is largely supported by the local government with taxpayers money \u2013 has been extremely generous with Dr. Pandolfi, lavishly funding his trip to Italy. Reply Kadubu Kadubu October 4, 2021 @Leonid: This paper is just published in the Indian Journal of Medical Research (May/.June 2021 issue focus on the spread of the delta variant of SARS-CoV-2 in India by Giuseppe Novelli1,2,3,, Vito Luigi Colona1 & Pier Paolo Pandolfi4,5, 1 Department of Biomedicine & Prevention, Tor Vergata University of Rome, Rome (RM), 2 Neuromed, Pozzilli (IS), 4 Department of Molecular Biotechnology & Health Sciences, MBC, University of Turin, Turin (TO), Italy, 3 Department of Pharmacology, School of Medicine, University of Nevada & 5 Renown Institute for Cancer, Nevada System of Higher Education, Reno For correspondence: [email protected] 5916;year=2021;volume=153;issue=5;spage=537;epage=541;aulast=Novelli forbetterscience.wordpress.com \uf442 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 14/15 Something is not right here\u2026there is no submission date and/or accepted date. i am planning to write to the corresponding author! Reply Leonid Schneider October 4, 2021 don\u2019t know this journal, but it does seem to be quite a drop from the usual journal venues for Pandolfi! Reply realthoughts2017 March 22, 2022 Someone seems a wee bit obsessed with Dr Pandolfi. You might be more believable if not for all the editorial comments. Jealousy, perhaps? Reply Leonid Schneider March 22, 2022 Are you sad my reporting had him sacked? Reply For Better Science 2/22/25, 7:11 Pier Paolo Pandolfi shrouded in Turin! \u2013 For Better Science 15/15", "8613_104.pdf": "Enjoy this site?Gift the author a WordPress.com plan. Gift For Better Science Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada 20, 2020 The titan of cancer research, one of Italy\u2019s star scientists in USA, Pier Paolo Pandolfi, is officially still listed at the Beth Israel Deaconess Medical Center ( in Harvard, as director of the cancer genetics program. Except that he isn\u2019t there anymore. Science journalist Michael Balter tweeted ( namely: \u201c#Cancer ( researcher Pier Pandolfi was forced to leave Beth Israel Deaconess Medical Center because of #MeToo ( #STEMToo ( allegations (kept secret.) He has now found a home at and Renown Health. @BIDMChealth ( has passed the harasser\u201dfi 54 \uf108 \uf412 \uf419 Menu \uf406 Close 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 1/16 #Cancer ( researcher Pier Pandolfi was forced to leave Beth Israel Deaconess Medical Center because of #MeToo ( #STEMToo ( src=hash&ref_src=twsrc%5Etfw) allegations (kept secret.) He has now found a home at and Renown Health. @BIDMChealth ( has passed the harasser: ( . \u2014 @mbalter \u2014 investigations and commentary (@mbalter) May 19, 2020 ( #MeToo is the well-known code for sexual harassment and sexual abuse. The news was independently confirmed by my own source, who indicated to me already in early November 2019 that Pandolfi left Harvard, back then without having any further details or proof. The same source now confirmed that sexual harassment allegations were indeed raised against Pandolfi. Noteworthy, Pandolfi was also known in the scientific community for pushing unreliable research results. 30 papers of his are discussed on PubPeer ( but apparently suspected research misconduct was not the reason why Pandolfi left Harvard. Two research institutions meanwhile proudly announced being graced by Pandolfi\u2019s arrival. Harvard Medical School remains completely silent, even though Pandolfi was using his Harvard affiliation (and no other) just last week ( 256731461/). Researcher Pier Paolo Pandolfi is exploring the cancer-fighting properties of vegetables like broccoli and Brussels sprouts ( \u2014 Harvard University (@Harvard) May 17, 2019 ( First, Italy. That was a logical destination for a native Italian who lost his once grand standing in USA. It also fits that five years ago, Pandolfi was \u201cknighted\u201d by the Republic of Italy and received the title of the \u201cOfficer of the Order of the Star of Italy\u201d from the Italian President. Italian academia ( is quite corruption-ridden and often celebrates ( kroemer-a-la-scala/) the most inappropriate people. \u27a1\ufe0f Pier Paolo Pandolfi sar\u00e0 il nuovo Direttore Scientifico della @FRBiomedica ( Autore di oltre 500 pubblicazioni scientifiche, nella sua carriera ha ricevuto oltre 30 premi internazionali. Leggi qui \ud83d\udc47 ( pic.twitter.com/VxCsWOnNc3 ( \u2014 Fondazione Ricerca Biomedica Avanzata (@FRBiomedica) May 20, 2020 ( ref_src=twsrc%5Etfw) The Istituto Veneto di Medicina Molecolare (VIMM) in Padova, run by the Fondazione per la Ricerca Biomedica Avanzata di Padova, announced on 20 May 2020 ( to have a new scientific director: Pandolfi. The institutional website ( prefers to keep its leadership team secret, but the foundation ( lists Luca Scorrano ( scorrano/) as the current scientific director of VIMM. We also learn elsewhere ( medicina-molecolare-103301.php?uuid=ADYsIqR&refresh_ce=1) that the foundation\u2019s director is a certain Francesco Pagano ( board/francesco-pagano-2/), very excited to welcome Pandolfi. Another senior scientist featuring in the news ( padova-1.38867047) announcement is Andrea Alimonti ( who recently published a paper ( with Pagano proposing to treat COVID-19 with \u201candrogen- deprivation therapies\u201d, an idea which grows increasingly popular ( since more men than women die from the coronavirus. This fits nicely, because also Pandolfi is already working ( trovati-anticorpi-sintetici-bloccarlo-ADggI8P)on coronavirus therapies, together with Italian partners: da @sole24ore ( genetisti italiani @NovelliGnovelli ( ref_src=twsrc%5Etfw) dell\u2019Universit\u00e0 di Roma Tor Vergata, e Pier Paolo Pandolfi, del Beth Israel Deaconess Medical Center hanno selezionato anticorpi sintetici per bloccare il #coronavirus ( #COVID19 ( ( \u2014 Universit\u00e0 di Roma Tor Vergata (@unitorvergata) May 13, 2020 ( Pandolfi is quoted in Italian newspapers ( 2020.html): \u201cIt makes me very proud to take the leadership of and to be able to bring my long American experience back to Italy. The basis of our daily work will be research of the highest level in order to develop a true medicine of \u201cultra-precision\u201d, in order to cure still incurable diseases that still afflict humanity today \u201cfi 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 2/16 scientific advisory board however includes some real stars: Jean-Pierre Changeux, emeritus of Institut Pasteur, who most recently proposed tobacco products ( as COVID-19 preventive, stem cell luminary Rudolph Jaenisch, also from David Sabatini (my readers will understand now ( turds/) why recruited Pandolfi) and even the late Sir Michael Berridge (who died in February ( sir-michael-berridge-frs), but apparently still advises VIMM). The other appointment: Nevada. Dr. Pier Paolo Pandolfi joins Desert Research Institute, Renown Health ( \u2014 Amber Deese Owens (@AmberOwens18) May 19, 2020 ( On 18 May 2020, a press release ( was issued that Pandolfi will join the Desert Research Institute (DRI) in Reno, Nevada, to become Director of the Renown Institute for Cancer at the DRI\u2019s Renown Institute for Health Innovation ( whatever that is. If you never heard of and their Gilead-sponsored Renown Institute, in biomedical context at least, this is exactly why Pandolfi goes there, because no serious university will take him anymore apparently. It is Pandolfi\u2019s last anchor in the USA, but how will he divide his work between leading in Italy and in Nevada? The press release quotes the celebrity arrival: \u201cDr. Pandolfi will divide his time between Reno and Italy, also leading a cancer research institute in his home country that will foster knowledge exchange and international cancer research collaborations between Italy and Nevada. \u201cAs a cancer researcher, my mission is to cure cancer. The Healthy Nevada Project and the combined resources of Renown Health and give us access to an unprecedented amount of longitudinal data and the valuable genetic information we need to continue to improve our understanding of the molecular mechanisms of cancer and tailor approaches for treatments and cures that are unique to each individual\u201d said Dr. Pandolfi am proud to take the unique resource of the Healthy Nevada Project, and use the information to accelerate our work to provide a population-level view of those factors that drive cancer, build better models and perhaps, timely new treatments am excited to build a strong collaborative bridge between the state of Nevada with our colleagues in Italy and across Europe, which will allow for the exchange of research fellows, physicians, scientists, and interns,\u201d added Pandolfi.\u201d Read between the lines: no research grants or any financial or material support worth mentioning is on offer for Pandolfi\u2019s new lab at DRI, and the Italians for sure will not be sharing either. The and are apparently gambling on the and the Commission, respectively, to not know why Pandolfi left Harvard and to cough up lots of grant cash because he is such a star. 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 3/16 Some papers previously discussed some Pandolfi papers in an earlier article ( about cancer researchers. Here it is again Zhong Salomoni Ronchetti Guo Ruggero Pandolfi Promyelocytic leukemia protein (PML) and Daxx participate in a novel nuclear pathway for apoptosis ( The Journal of Experimental Medicine (2000) doi: 10.1084/jem.191.4.631 ( 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 4/16 In both figures, someone inadvertently copy-pasted several bands, flipped them, stretched and retouched where needed, and voila, loading control for 8 lanes is ready. Happens daily. Another example of Pandolfi\u2019s quality cancer research Carver Tran Gopalan Chen Shaikh Carracedo Alimonti Nardella Varmeh Scardino Cordon-Cardo Gerald Pandolfi Aberrant expression cooperates with loss of to promote cancer progression in the prostate ( Nature Genetics (2009) doi: 10.1038/ng.370 ( An image of a cell culture, copy-pasted and differently cropped by mistake of oversight to stand in for two different experiments. Not the only mistake in that paper: an gel image got re-used also. E. M. Rego , L.-Z. He , R. P. Warrell , Z.-G. Wang , P. P. Pandolfi Retinoic acid (RA) and As2O3 treatment in transgenic models of acute promyelocytic leukemia (APL) unravel the distinct nature of the leukemogenic process induced by the PML-RARalpha and PLZF-RARalpha oncoproteins ( Proceedings of the National Academy of Sciences (2000) doi: 10.1073/pnas.180290497 ( 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 5/16 How can the same cell reappear in different images of physically different experiments? That was a \u201ccommunicated\u201d paper ( meaning a friendly member submitted it without proper peer review, but on endorsement from other friends Giorgi Ito Lin Santangelo Wieckowski Lebiedzinska Bononi Bonora Duszynski Bernardi Rizzuto Tacchetti , Paolo Pandolfi regulates apoptosis at endoplasmic reticulum by modulating calcium release ( Science (2010) doi: 10.1126/science.1189157 ( That image duplication (shifted and zoomed!) was spotted by Elisabeth Bik, presumable one among a number of problematic Science papers she reported to the journal\u2019s editors years ago, to no avail Ma Teruya-Feldstein Bonner Bernardi Franz Witte Cordon-Cardo Pandolfi Identification of S664 TSC2 phosphorylation as a marker for extracellular signal-regulated kinase mediated mTOR activation in tuberous sclerosis and human cancer ( Cancer Research (2007) doi: 10.1158/0008-5472.can-06-4798 ( Are those really neighbouring tissue sections stained with different antibodies, highlighted in Figure 3A? Not likely, sequential sections are shown in other panels of this figure, and they don\u2019t look identical. These two endometrium images seem to be same image, just shifted and colour-adjusted. In 2016, a Cell paper from Pandolfi lab was corrected ( for a duplicated plot. Other papers remain untouched. Maybe now the journals will bother? This happened after another Harvard titan from Italy, Piero Anversa ( piero-anversa-harvard-retraction.html) suddenly left for Switzerland was the first to figure out where ( anversa-heading-to-cardiocentro-ticino-in-switzerland/): the Cardiocentro Ticino). Regarding Pandolfi\u2019s case will update this article when obtain more information about his abrupt and stealth departure from Harvard.fifi 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 6/16 volte ritornano. #PierPaoloPandolfi ( src=hash&ref_src=twsrc%5Etfw), esperto in ambito genetico e oncologico, rientra in Italia dopo una lunga esperienza professionale negli per dirigere l'Istituto Veneto di Medicina Molecolare ( centro di ricerca di @FRBiomedica ( di Padova @Corriere ( ref_src=twsrc%5Etfw) pic.twitter.com/LGzkwW8FYp ( \u2014 Isabella Ceccarini (@IsabellaCeccari) May 21, 2020 ( Update 2.06.2020 Wolfgang Baumeister ( member of Scientific Advisory Board and Max-Planck-Institute director in Germany, wrote to me: \u201cAs the chair of the VIMM\u2019s Scientific Advisory Board want to let you know that this board was never consulted about Pandolfi\u2019s appointment as the VIMM\u2019s Scientific Director. On 22 May, 2020 wrote to Professor Francesco Pagano am writing this email in my role as the chair of the Scientific Advisory Board (SAB) of the was not amused to learn via various media about the change in the VIMM\u2019s leadership, i. e. the appointment of Pier Paolo Pandolfi as its scientific director. This appointment became effective without any consultation with the SAB, nor were we informed about it. This is perceived as an affront hope this clarifies the role and position of the SAB.\u201d Update 26.06.2020 Italian media started reporting. Corriere del Veneto writes ( pandolfi-comitato-scientifico-annuncia-dimissioni-63b29b64-b7b9-11ea-ba74-dd0d825f1870.shtml) that the entire scientific advisory board of announced to resign in protest against Pandolfi\u2019s appointment. Fondation\u2019s President Pagano is quoted: \u201cWe have chosen to bring one of the greatest researchers in the world to Padua, and this of course has created a bit of turmoil and discontent. The appointment of the scientific committee is due to expire at the end of the year, the new director has the task of reorganizing it and therefore we had already planned to have to reappoint it, if the members all resign, it\u2019s their choice. Pandolfi has no problem whatsoever, those accusations are just illusions personally understand Pagano. because Pandolfi now founded a new biotech start-up to cure COVID-19, Virna Therapeutics ( His business partner Sachdev Sidhu wrote on his lab\u2019s website: ( \u201cMay 2020. To accelerate the development of antivirals to address the COVID-19 pandemic, Dr. Sidhu teamed up with Dr. Suresh K. Jain and Dr. Pier Paolo Pandolfi ( to found the new biotechnology company Virna Therapeutics ( The company will leverage the expertise of the founding partners and will use several strategies to target the SARS-CoV-2 virus, including antibodies and protein-based enzyme inhibitors engineered at TRAC. Read the press release here ( Announce-Licensing%C2%A0of-Neutralizing).\u201c And here is Pandolfi on 29 May 2020 ( discussing how to save the world from the coronavirus with the Ambassador of Italy to the US, Armando Varricchio, and the Director of Science and Technology Policy of the White House, Kelvin Droegemeier. 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 7/16 Update 27.06.2020 The entire scientific advisory board plus the current scientific director Luca Scorrano resigned ( a18e-a1a98434fb46.shtml). More and more Italian newspapers report, especially Corriere della Sera ( italiano-via-harvard-un-inchiesta-molestie-ad287872-b831-11ea-b2d0-312cc6f9a902.shtml), who found out the details of sexual harassment charges in Harvard, which led to Pandolfi\u2019s firing on 23 May 2019, a year before he joined VIMM: \u201cIt all started in February 2019, when a researcher from the laboratory directed by Pandolfi (laboratory where his wife also works) turns to the leadership of the University to file a complaint. The accusation is heavy: the young woman claims that for almost a year she would have been the center of her boss\u2019 attention, such as to have caused her not only serious internal disturbances but also professional and career difficulties. The young woman reports that she has received appreciation in public; but not only. She explains that the professor has been sending her sentimental emails for months and that constantly requested to talk to her. Twice, months later, she reminds the professor that his attentions gave her in serious embarrassment and asks him to keep the conversations on work issues. Pandolfi however does not stop. Keeps on writing them. He sends her songs. He repeats that he would like to talk to her.\u201d Corriere della Sera even interviewed Pandolfi ( stata-sbandata-ho-sbagliato-mi-scuso-me-ne-sono-andato-io-1a2cf846-b830-11ea-b2d0-312cc6f9a902.shtml) who admits the affair, saying that he just likes to hug people and have been investigated and apologized\u201c: \u201cThe conclusion was that it was a marginal episode, contained and that am not some scoundrel who goes after any woman in the lab. In essence, it was a romantic misdeed. Non sexual. \u201c Pandolfi then says that he \u201cnever used offensive or vulgar terms in emails\u201d and that \u201cIf anyone was to be angry it was my wife. And she understood that had a moment of weakness\u201c. He denied claims from Boston sources that he hasn\u2019t been seen in his Harvard lab since 2019. Corriere then asks \u201cSchneider and Balter claim that Harvard forced you to leave. It\u2019s true?\u201c, and Pandolfi replies will act legally against these two gentlemen, who bring charges against me.\u201c There was a press conference at where the President of Italian Senate, Elisabetta Casellati, tried to circumstantially defend Pandolfi\u2019s appointment by saying that research is needed to develop a therapy against COVID-19. Read this great article in Padova Oggi ( it has videos! And do read this reader\u2019s comment ( 79609) about Pandolfi\u2019s research irreproducibility and his bullying of lab members. Update 28.06.2020. Altro che \u201csbandate romantiche\u201d. Perch\u00e9 non \u00e8 che contestualizzate solo quando volete voi, eh brava Antonella Viola. (Sul corriere) pic.twitter.com/iXocKdAQtg ( \u2014 Marianna Aprile (@mariannaaprile) June 28, 2020 ( 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 8/16 It seems, Italian academia is about to have its own #MeTooSTEM moment, thanks to the Pandolfi affair. Antonella Viola ( professor at University of Padua and former scientific director of VIMM, protested against Pandolfi\u2019s behaviour and the excuses in an open letter in Corriere ( molestata-mio-capo-vi-dico-come-ci-si-sente-5961668a-b8b9-11ea-b2d0-312cc6f9a902.shtml), titled was molested by my boss will tell you how it feels\u201c. Update 30.06.2020 Pandolfi\u2019s appointment at has now been revoked ( pandolfi-pesa-il-caso-molestie-1.39027082). This is the statement of the Foundation in Padua: \u201cThe Board of Directors of the Foundation for Advanced Biomedical Research today resolved to revoke the appointment of prof. Pier Paolo Pandolfi as Scientific Director of VIMM. The decision was taken with deep regret in consideration of the extraordinary scientific qualities of Prof. Pandolfi and the research development potential that these would certainly have guaranteed at the highest levels, but nevertheless it becomes necessary, after learning the story in which Prof. Pandolfi was involved in Harvard University, of which the Foundation had not been informed. The Foundation, in light of the values \u200b\u200bthat characterize its activity, cannot neglect the story of which Prof. Pandolfi was the protagonist, without compromising the image and reputation of the Institute, its researchers and supporters. The Foundation will proceed as soon as possible to appoint the new Scientific Director of in order to guarantee the continuity of the research activity.\u201d Wolfgang Baumeister informed me that the entire scientific advisory board has indeed resigned. He wrote to me: \u201cWe are working to ensure that PPP\u2019s appointment is revoked and that [Foundation\u2019s President] Pagano himself resigns.\u201c Update 5.12.2021 Pandolfi is now established at Renown Health ( a private hospital in Reno, Nevada. Officially, he is not physically at anymore Nature article ( (which plagiarised mine and Balter\u2019s reporting) declared: \u201cHe took on a part-time faculty position at the multidisciplinary Desert Research Institute in Reno, Nevada, in May, but resigned from the post on 30 June\u2026\u201c The reality is that Renown\u2019s Chief Scientific Officer and the only other researcher next to Pandolfi there, is Joseph Grzymski ( professor at DRI. He also runs a genetic testing business called Healthy Nevada Project ( whose first goal is \u201cincrease educational attainment and economic output via population health strategies to improve health outcomes\u201c. Hopefully it\u2019s not eugenics\u2026. Here is recruiting ( most obviously for the Pandolfi lab. Obviously he is still working at DRI, because Renown does only clinical work and has no other labs, as a source told me. 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 9/16 ( content/uploads/2021/02/escy59ew4aebavo1.png) Donate! If you are interested to support my work, you can leave here a small tip of $5. Or several of small tips, just increase the amount as you like (2x=\u20ac10; 5x=\u20ac25). Your generous patronage of my journalism will be most appreciated! \u20ac5.00 \u2022 COVID-19 About Leonid Schneider Independent Science Journalist and Cartoonist. Formerly molecular cell biologist. My academic at: 54 comments on \u201cPier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada\u201d forbetterscience.wordpress.com \uf442 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 10/16 May 20, 2020 In Nevada, prostitution is legal in certain counties. The near availability of consensual-for-a-price sex may be an attractive feature of his new location. In short: hookers galore, for the willing. Could be a nice perk. Reply Leonid Schneider May 20, 2020 Sexual harassment is not primarily about sex, but about power, humiliation, and perverse entitlement Harvard professor can sure afford to run a private bordello, but where is the fun in that? Reply Zebedee May 21, 2020 2 jobs in 2 scenic parts of the world (West Coast only a short flight away from Reno, Nevada), many air miles to be collected in due course. 2 jobs likely pay better than 1. What more could you ask? Reply owlbert May 21, 2020 Gonna be tough getting international flights. And then there\u2019s the 2-week quarantine at either end. Reply May 21, 2020 This does not seem like punishment for a very questionable researcher. In science, cheating pays handsomely, as long as you are smart enough to hire people that are smart enough to cover their tracks beyond the insightful eyes of Dr. Bik and editors. As Mark Knopfler said, \u201clook at them yo-yo\u2019s, that\u2019s the way you do it (!)\u2026money for nothing and your chicks for free\u2026.\u201d Reply Antonio May 21, 2020 It\u2019s amazing that in out current political climate we would declare that the Italians \u201ccelebrate the most inappropriate people\u201d. Sure they\u2019ll let you be a prime minister even though you were a pornstar but the two have nothing to do with one another. Here in the Harvard is willing to let somebody who it appears falsifies research to continue to do so but if a woman makes an allegation they\u2019ll get rid of him. Proud times. Reply Zebedee May 21, 2020 Genes Cancer . 2011 Nov;2(11):1061-6. doi: 10.1177/1947601912440877. Cellular Senescence as a Possible Mechanism for Halting Progression of Keloid Lesions Shohreh Varmeh 1, Ainara Egia, Duncan McGrouther, Steven Tahan, Ardeshir Bayat, Pier Paolo Pandolfi Affiliation 1Department of Surgery, Thyroid Cancer Research Laboratory, Endocrine Surgery Unit, Massachusetts General Hospital, Harvard Medical School, Boston, MA, USA. Figure 4. Much more similar than expected. 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 11/16 Share 19,364 Reply gXy May 22, 2020 What about in all this? They are fine with him keeping the grant? Reply Zebedee June 19, 2020 Yes the is fine with that. With such alliteration, Pier Paolo Pandolfi trips of the tongue, he has become a well known name at the best addresses. Don\u2019t be naive and fall into the trap of thinking that the grant reviewers look at the data. Whatever next! Budget imbalances are one way of looking the Office of Research Integrity\u2019s limited scope. cpdd.org/presidents-fiscal-2019-nih-budget/ \u201d Total Fiscal 2019 Program level for National Institutes of Health is $34.767 billion\u201d \u201cORI\u2019s budget has been flat at $8.558 million since 2013, when it was decreased from $9.027 million. If granted would see an increase of $856,000 for a total of $9.414 million for 2021.\u201d Reply Pingback: Hanno una \"teoria\" - Ocasapiens - Blog - Repubblica.it Control Negative June 27, 2020 Over many years, I\u2019ve heard many worrying stories about Dr. Pandolfi\u2019s laboratory environment. Frequently, new laboratory members struggled to recapitulate previous results. Some of these cases are well known in the community: Some are less. Once, a staff member discovered anomalies with plasmids included in a previous publication, but Dr. Pandolfi buried everything under the sand, saying those reagents were imported from a different laboratory. It was also common receiving threatening e-mails from Dr. Pandolfi. In some cases, the body of the e- mail was empty, but the title was some sort of threat or negative reference to the staff member\u2019s project. Some threatening messages were even sent to young summer interns many months after the end of their internships because Dr. Pandolfi was paranoid about project secrecy. One year, he refused to provide compensation during maternity leave, knowing that some fellowships do not offer this type of funding. Another time, he did not pay the last few months of work after a staff member announced to have been offered a new position. The worst cases involved international fellows, who were in a weak position due to the necessity to maintain their visas. Not all staff members were able to stand against this pressure, and one of them ended up in the hospital for serious mental health issues. Reply 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 12/16 Alex June 27, 2020 It\u2019s not because Pandolfi was accused of harassment that he actually is guilty of it. American institutions are being irrational about this woman\u2019s word can destroy a man\u2019s career and reputation. Justice is not a matter of believing, but of proving ! Reply giovannifrancescosagredo June 29, 2020 Actually, he admitted the charge. So what? Reply Mario Mazzocchi June 27, 2020 Interesting report, although find some statements like \u201cItalian academia is quite corruption-ridden\u201d vague, inappropriate and very insulting for all those Italian scientists that take their job seriously, and believe they are the vast majority agree on advocating ethical behaviors, and also in reporting it would be desirable that statements as the one above would be substantiated by data (what is quite? 80% of Italian academia is corruption-ridden? 50%? 10%? 1%?). Reply Leonid Schneider June 27, 2020 Dear Mario, there are even studies on nepotism in Italian academia. Your argument is: but look, there are these huge masses of honest and hard- working temporarily employed, poorly employed, under-employed and unemployed scientists in Italian academia which surely proves that Italian academic elites are not corrupt? But then again, maybe got the Giorgio Zauli affair wrong. Waiting for you to explain to me why this is not corruption at all. Floppy \u201cGoebels\u201d Zauli and the fascists of Ferrara University of Ferrara rejected a journalist\u2019s request about the investigation of its own Rector. The arguments: the media is biased and drives a slander campaign against Giorgio Zauli, and in any case, his research can only be evaluated in a \u201cScience Court\u201d by peer review. 19 For Better Science As for sexual harassment, or #MeTooSTEM: can it be that Italian academia even now is not really giving a f***, pardon my Italian? Never mind bullying, the Baroni don\u2019t even seem know such thing exists. Reply Mario June 27, 2020 (please note, for full disclosure am a full tenured professor in Italy and my name and surname are real). My argument is that there are masses of tenured academics that have taken seriously their responsibilities and work daily to improve the system, and messages like this one do not help do not want to argue with your points and appreciate the spirit of your inquiries, what is frustrating is to read easy generalisations, including the one that poorly paid and poorly employed scientists are honest, but as soon as they grow into being professors they are academic elite (or maybe they only become professors if they are corrupt). Again am fully on the side of those that look for the bad apples (including myself if turn out to be one), but disagree with this kind of generalisations and commonplaces on entire categories of people. Thanks from considering a comment from a (potential?) barone. Leonid Schneider June 27, 2020 \u201cincluding the one that poorly paid and poorly employed scientists are honest, but as soon as they grow into being professors they are academic elite (or maybe they only become professors if they are corrupt).\u201d That is a typical academic argument. You postulate that every capable person trying their luck in academia will make it to professorship. That ship sailed decades ago. The faculty corruption happens because of the recruitment decisions. Like those by VIMM, and do you have an opinion on the quote by Pagano posted as update yesterday? But hey see you also refuse talking about the Zauli case, maybe because it\u2019s not your university won\u2019t ask about Alfredo Fusco then either. What shall we make of this circus at UniBo then? 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 13/16 Bologna mice guilty of research misconduct Elisabetta Ciani uses mouse models to help children with neurological genetic disorders. Problem is: her own lab members reported Ciani for data manipulation. Records reveal that University of Bologna gaslighted the whistleblower, blamed the transgenic mice alone and fibbed the funding charities. 25 For Better Science Some fun fact: the affair is relatively recent, but Unibo did not have any procedure for investigating research misconduct of full professors like Ciani. Is there such a procedure in place now? Does Unibo have a procedure for sexual harassment and bullying? You protest generalisations, so let\u2019s talk concrete examples. Mario June 27, 2020 Ok, my apologies did not mean to take this into a debate where am asked to personally comment on cases really don\u2019t know confess am not aware and do not follow corruption cases as you do with your job, and am probably not qualified to defend the Italian academic system as a whole (while am obviously fully responsible for my actions and scientific outputs). Apologies for \u201cintroducing\u201d myself here appreciate that these inquiries can be useful, even if someone feels offended. Gabriel June 27, 2020 \u201citalian academia is quite corruption-ridden\u201dohhhh yeahhh it makes readers souls happy! Reply Mario June 27, 2020 Just one last clarification. Staff at the University of Bologna are subject to the ethical code, which can be read here in English Reply Leonid Schneider June 27, 2020 Thanks Mario. But the issue is not just having a code (which UniBo installed only in 2014), because surely also UniFe has a code hidden somewhere, maybe Zauli\u2019s private toilet, wrapped onto a roll. The issue here is with the procedures once someone reports misconduct of some kind, which are either lacking or are not implemented because of the corruption. This is where Italian Universities are failing again and again. It is up to faculty members like you to achieve a change. One of your UniBo colleagues, Lucio Picci, stood up to Zauli, in public. He was not killed or hurt, not even sued, so why is everyone else is either afraid or doesn\u2019t bother? tonellofiore June 27, 2020 When people with dubious ethics continue to hold positions of power it means that it is the system that has dubious ethics can find no other explanation. Reply Leonid Schneider June 27, 2020 view from an Italian researcher in USA. Pit June 27, 2020 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 14/16 The story is nicely reported and your work on it is very relevant to keep academia free of such people. Your comment on Italian academia being corruption-ridden is very unprofessional for someone who claims to be a science journalist. There are a few very recent cases of misconduct from Harvard University Professors and even some investigations \u2013 you don\u2019t call it a corruption-ridden University, right? Just because you know inside out all cases of corruption in Italian Institutions doesn\u2019t allow you to make such a generalised and biased comment. Reply Leonid Schneider June 27, 2020 know inside out many corruption cases elsewhere, too. Including Harvard. Use search function on my site. Reply Stefania Gobessi June 28, 2020 Reply Pingback: #MetooSTEM, versione italiana - Ocasapiens - Blog - Repubblica.it l. June 30, 2020 while appreciate the content and purpose of your article, your claim that \u201cItalian academia is quite corruption-ridden\u201d and that it \u201coften celebrates the most inappropriate people\u201d is generic and insulting. As a professor in an Italian university, who happened to have spent 4 years at Harvard (+ other international universities can assure you that, by and large, there is more \u201cinappropriate behaviour\u201d in some American universities than in Italian ones lived in both contexts, not sure about you. Having said that find your website quite meaningful and relevant. Reply Pingback: #MetooSTEM - la rinuncia - Ocasapiens - Blog - Repubblica.it owlbert July 4, 2020 Looks like his plans fell through: Reply Leonid Schneider July 4, 2020 Not all plans refuses all communication. Reply Control Negative July 4, 2020 After the news report by Dr. Alison Abbot in Nature, it\u2019s important to consider the recent events within their historical, geographical and institutional context. In the last twenty years or so, Dr. Pandolfi has seen his influence on Italian institutions, private foundations and national media constantly on the rise. Dr. Pandolfi was given a sort on honorary professorship at University of Turin, and regularly invited within academic circles. He has been part of countless grant and conference organizing commitees by (Associazione Italiana Ricerca sul Cancro), Armenise-Harvard Foundation and Pezcoller Foundation. He was regularly featured in national newspapers like Corriere della Sera and La Repubblica. As early as January 2020, Dr. Pandolfi has been in direct or indirect contact with tens, if not hundreds of academics in the cancer research field, both in the and, especially, in Italy where he was planning to return, in an attempt to prepare the ground. It\u2019s likely that at least some affiliated of the Venetian Institute of Molecular Medicine (VIMM) and the University of Padua were aware of the reasons of Dr. Pandolfi\u2019s departure. From June 22 to June 26, both Dr. Luca Serrano (previous scientific director) and the entire Scientific Advisory Board resigned in contrast with Dr. Pandolfi recruitment at VIMM. The recruitment was primarily sponsored by Dr. Francesco Pagano president) with the initial support of the University of Padua. On June 26, only local media outlets reported these news. On Jun 27, Corriere della Sera released an interview with Dr. Pandolfi. In this interview, Dr. Pandolfi appeared to minimize his case. He claimed that academic rules on staff supervision in are more stringent than in Italy. After these words, only Prof. Antonella Viola (University of Padua and ex scientific vice-president) had the courage to reply openly. Most of the open critics of Dr. Pandolfi\u2019s words were not coming from the Italian biomedical community, but from abroad or other disciplines. 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 15/16 It\u2019s important to evaluate Dr. Pandolfi\u2019s management style, and his publication record. At the same time, it would be essential to question the academic/financial/media system that has allowed Dr. Pandolfi to thrive, despite his frequent dubious activities. There are many talented scientists with strong ethical values in Italy. What can be done to support a different type of biomedical research in Italy? (By the way, in the June 27 interview, Dr. Pandolfi is quoted while likening himself to the famous lyrical singer Placido Domingo. Some years ago, Dr. Piero Anversa enjoyed the same comparison: Reply Pingback: Science misconduct \u2013 For Better Science Zebedee July 10, 2020 Reply Pingback du lieber Augustine Choi \u2013 For Better Science Pingback: Jan van Deursen\u2019s senolytics: from bench to failed clinical trial \u2013 For Better Science For Better Science 2/22/25, 7:11 Pier Paolo Pandolfi out of Harvard, spotted in Italy and Nevada \u2013 For Better Science 16/16"}
8,601	Frank Noelker	University of Connecticut	[ "8601_101.pdf", "8601_102.pdf", "8601_103.pdf", "8601_104.pdf" ]	{"8601_101.pdf": "Home \ue803News \ue803Former UConn professor accused of sexual misconduct, providing alcohol to minors; OIE... News Former UConn professor accused of sexual misconduct, providing alcohol to minors confirms By Luke Hajdasz August 10, 2020 \ue83b0 \ue8052722 Trigger Warning: Sexual Assault Former University of Connecticut Fine Arts Professor Frank Noelker has been accused of sexual misconduct by approximately 20 women while teaching at UConn, dating back to 2003. The women, who have chosen to remain anonymous out of fear of retaliation, all have stories of some form of sexual misconduct by Noelker, only some of which are substantiated by a 2018 Office of Institutional Equity (OIE) report that found him in violation of UConn\u2019s Policy Against Discrimination, Harassment, and Related Interpersonal Violence. The report, dated December 20, 2018, turned the case over to human resources and management of Noelker to determine \u201can appropriate response.\u201d It\u2019s unclear what that response was, as Noelker remained employed at UConn for another 1.5 years, retiring August 1, 2020. The leader of the group accusing Noelker of the misconduct said she first brought to light her allegations to UConn in 2017, but an investigation wasn\u2019t launched until much later. In a March 2017 email obtained by The Daily Campus, School of Fine Arts Dean Anne D\u2019Alleva notified Noelker of the allegations and set up a meeting with her, Noelker and Director Sarah Chipman. \u201cI\u2019m completely blindsided by this and my wife and are stressed out of our minds,\u201d Noelker wrote in a separate email to his union representative on April 12, 2017. \u201cAlso, if it\u2019s ok with you my wife Laurie will come with me at 3:00 and to any other meetings.\u201d Noelker is married to UConn Fine Arts Professor Laurie Sloan, who, according to state records, was hired by the state one year before Noelker was in 1991. 2/22/25, 7:12 Former UConn professor accused of sexual misconduct, providing alcohol to minors confirms \| The Daily Campus 1/2 An anonymous victim said that she was under the impression an investigation was being launched at this time. \u201cIn January (of) 2017 reported it to the University,\u201d the victim said. \u201cI\u2019ve been in contact with them throughout and oftentimes would ask for updates and would say there were none, which is very frustrating.\u201d An report from this was never produced, but acknowledged in the 2018 report. \u201cBy way of background previously reviewed concerns regarding Professor Noelker which were raised in January 2017,\u201d the report said. \u201cThe allegations raised at that time were similar to those included in the present investigation (i.e., unwanted and unprofessional interactions).\u201d This report, most notably, corroborates claims that Noelker asked a student if they liked the taste of semen, attempted to give a student a back massage at his home, hugged and kissed a student\u2019s forehead at the end of a class, signed a text message to a student \u201cxoxo\u201d and would place his hands on students\u2019 shoulders and backs during class lectures. Furthermore, the report found that Noelker bought students under the age of 21 alcohol while out to dinner in New York City to attend photography shows. \u201c\u2026there is sufficient evidence to support finding that on at least one occasion Professor Noelker purchased alcohol for a student or students who were under twenty-one years of age did not receive sufficient evidence to establish that Professor Noelker provided underage students with alcohol to the point of intoxication, or that Professor Noelker engaged in any otherwise inappropriate conduct with students during trips to New York.\u201d There are no public Connecticut court cases involving Noelker, despite the finding that he provided alcohol to minors have a group of over 20 women who have been abused by the same professor over the course of 15 years,\u201d one victim said. \u201cWe feel like the University hasn\u2019t protected us. Unless we bring it to the media, it doesn\u2019t seem like there will be any type of change.\u201d Allegations of misconduct by Noelker came to light publicly on the at UConn School of Fine Arts Instagram page, which detail many accounts gathered in the report. The group leader said they plan to meet with UConn officials to demand change going forward. When called by The Daily Campus, Noelker referred to the report as \u201cthe gossip report\u201d and directed all questions to his lawyer, who did not have a comment. Luke Hajdasz is a staff writer for The Daily Campus. He can be reached via email at [email protected]. 2/22/25, 7:12 Former UConn professor accused of sexual misconduct, providing alcohol to minors confirms \| The Daily Campus 2/2", "8601_102.pdf": "Log in / Sign up Music Home Trending New Artists Videos Playlists Charts Genres Library Add Playlist Favourites My Playlists Buzz Recommended Podcast Recommended More Episodes Out of Bounds Convicted Pedophile on Campus Pastor Pete the Predator 0 0 0 Comments (0) Please share your thoughts\u2026 0/500 Podcast / UConn Revisited UConn Revisited Tom & Ryan Play 40:20 Apr 04 Episode Description In this episode, we revisit the University of Connecticut and present new evidence that shows the University was aware that former Fine Arts professor Frank Noelker was a sexual predator well before the 2018 investigation by the Office of Institutional Equity. We also connect a key UConn official, whose inaction following the 2003 allegations against Noelker allowed the abuse to continue for almost two decades, to another high-profile sexual misconduct case that once again showed UConn officials ignoring allegations of abuse. Download Get Premium 00:00 / 02:57 2/22/25, 7:12 UConn Revisited \| Podcast \| Boomplay 1/2 Get Premium 00:00 / 02:57 2/22/25, 7:12 UConn Revisited \| Podcast \| Boomplay 2/2", "8601_103.pdf": "UConn Professor Guilty of Sexual Misconduct Collects State Benefits by Tom Hopkins May 8, 2022 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 1/8 This investigation contains strong language and sexual topics that may not be appropriate for all readers collection of documents obtained via Freedom of Information request shows that the University of Connecticut (UConn) had continued to employ Fine Arts professor Frank Noelker after he was found to have violated the University\u2019s Policy Against Discrimination, Harassment and Related Interpersonal Violence in 2018, allowing him to be eligible for state retirement benefits. According to a report dated Dec. 20th, 2018 by UConn\u2019s Office of Institutional Equality (OIE), which included interviews of 17 students, identified only by letters to protect their privacy Director of Investigations, Sarah Chipman, found that Noelker purchased a female student a book containing a collection of erotic short stories, engaged in a sexually explicit conversation, and invited the student into his house to give her a gift and attempted to give her a massage. According to the report, Student would sometimes talk with Noelker after class, which led to him inviting her to run errands with him. On a trip to an off-campus bookstore, Noelker, unsolicited, picked out several books and purchased them for Student B. Among the titles was a collection of erotic short stories. He later asked if she liked the books, she commented that they were a \u201cgood read\u201d, but never explicitly addressed the book of erotic stories. 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 2/8 On another trip, Noelker was driving Student in his car and asked her how vocal she was while having sex imagine you being so quiet during sex that would have to lean in to hear you,\u201d Noelker said. After Student replied that she wasn\u2019t especially quiet in bed, Noelker said, \u201cOh, that\u2019s not how pictured you.\u201d He then asked her if she liked the taste of semen. As the conversation went on Noelker remarked, \u201cTalking to you is the most fun I\u2019ve had in years without taking my clothes off.\u201d These interactions demonstrated, \u201ca pattern of escalating behavior that led to an attempt at unwelcome physical conduct with the student in an isolated location\u201d and that Noelker\u2019s conduct toward Student B, \u201cwas sufficiently persistent and adversely impacted [REDACTED] educational experience,\u201d according to the report. Although that was the only finding that violated the University\u2019s Policy Against Discrimination, Harassment and Related Interpersonal Violence, the report contained several more findings and accusations that noted, \u201creflect conduct that raises questions regarding professional judgment and appropriate boundaries.\u201d Those findings were referred to management and Human Resources for further review under policies outside of OIE\u2019s scope, such as Code of Conduct, according to the report. The report states that Noelker took mostly female students on trips to New York City where they would go to art galleries and restaurants. On at least one occasion, Noelker purchased alcohol for 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 3/8 underage students during those trips. Noelker also engaged in acts of unwanted touching with students. According to the report, several students told investigator Sarah Chipman that Noelker would often put his hands on students\u2019 backs or shoulders or play with their hair during class. Student reported that on one occasion, Noelker touched the back of her shirt which had a crossing pattern and allegedly said that he could not help himself from touching it. Chipman was unable to confirm that he made that comment and concluded that the touching was not sexual. Additionally, Student reported that after she completed Noelker\u2019s class, Noelker hugged her and kissed her forehead while she was in the hallway with another student. Student said the contact was \u201creally fast\u201d and \u201creally weird.\u201d Chipman found sufficient evidence to credit the allegation but did not conclude whether the contact was sexual or not. Noelker was also known to make sexual comments about artwork and students\u2019 assignments, according to the report. Several students alleged that while discussing a student\u2019s image that contained a nude female, Noelker commented that he thought it was \u201ccrazy\u201d that women shave their pubic hair and opined that it made them look \u201cinfantile witness noted that the image was not sexual, but Noelker sexualized it and did not contribute to the academic analysis of the image. Student reported that Noelker commented that a woman in an image being shown during a lecture looked like she was having an orgasm. The student said the comment did not contribute to the analysis of the image. In addition to the sexual comments on classroom images, some students reported that they felt pressure from Noelker to produce nude work. Student reported that Noelker told her that he wanted to see characters in her work nude or having sex. Specifically, he commented that he wanted to see the characters either \u201cfighting or fucking.\u201d According to Student A, the work did not contain any sexual themes. The investigation found that \u201cthere is sufficient corroboration to credit this allegation.\u201d Student said that Noelker commented on one of her images that she should have shown full pelvis. Chipman was able to find sufficient evidence to credit these allegations but was unable to find that Noelker pressured students into producing nude work, or that it adversely affected students\u2019 grades if they didn\u2019t. The findings that Noelker violated the UConn\u2019s Policy Against Discrimination, Harassment and Related Interpersonal Violence, and the additional findings that he may have violated University 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 4/8 Code of Conduct policy were referred to management and Human Resources to determine what action would be taken, according to the report. However, disciplinary records obtained via request show that the only disciplinary action UConn and the School of Fine Arts took on this matter, was making an agreement that took Noelker off of paid administrative leave, and kept him employed as a full-time professor. According to a separation agreement, the parties agreed that Noelker, who had been on paid administrative leave since Sept. 21st, 2018, would be reinstated on Feb. 4th, 2019. He would teach one graduate class during each semester of the 2019\u20132020 school year, and continue to perform his responsibilities in research, scholarship and departmental service. Additionally, instead of teaching a second course, Noelker was assigned additional administrative responsibilities with the agreement that he will resign on July 31, 2020, and retire the next day. The 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 5/8 agreement was signed off on by the Dean of the School of Fine Arts, Anne D\u2019Alleva, and the Vice Provost of Student Affairs, John Volin. According to UConn\u2019s website on faculty retirement benefits, employees are eligible to retire under the State Employee Retirement System (SERS) with Tier benefits at 60 years old with at least 25 years of service or 62 years old with at least 10 but less than 25 years of service. Noelker had been with UConn\u2019s School of Fine Arts since 1995. However, he opted for the Alternative Retirement Plan, similar to a 401(k), meaning he is not receiving a pension but is eligible for state medical retirement benefits. Noelker was already eligible for state medical retirement benefits and could take his benefits, so it is unclear why the professor and the university agreed to have him stay employed until he reached his full 25 years of service. If Noelker was dismissed by the University after the report was released, it would have been a clear admonishment by the university, drawing a line on acceptable behavior, according to one of the complainants. \u201cThe idea that he can retire in a couple of days and decide to [be a] visiting or adjunct faculty at another institution nearby,\u201d one of the complainants in the report, who asked to remain anonymous, said before Noelker\u2019s retirement feel like if UConn would have fired him, they would have been saying loud and clear that \u2018We find the actions of this man unacceptable\u2019, but now instead he has a higher chance of perpetuating this kind of abuse at Wesleyan [University], or at Central [Connecticut State University], or at Southern [Connecticut State University], or anywhere.\u201d This article was corrected to indicate that Noelker\u2019s date of hire would have made him eligible for Tier benefits and that he was enrolled in the Alternative Retirement Plan Resources: Connecticut Sexual Assault Hotline You can be immediately connected with services in your area by calling the toll free sexual assault hotline: Statewide 24 Hour Toll Free Hotline 1.888.999.5545 English 1.888.568.8332 Spanish Connecticut Alliance to End Sexual Violence: All sexual assault advocacy services are free and confidential. 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 6/8 RAINN: Topics on this page Do not mix males and females in education. The teaches always have sex with the students. The students and the teachers always have sex with each other. Mixing genders always ruins educations and causes complains about rape and blackmail. Nothing good comes of it. October 24, 2022 at 6:41 am James Briggs The idiocy of that comment is frightening and exactly why we need to ensure all people are safe where they learn work or live. Don\u2019t mix females and males am usually not one to use a pejorative term but you are indeed a moron hope you have not bred. October 25, 2022 at 1:09 am Michael 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 7/8 \u00a9 2025 Connecticut Inside Investigator Powered by Newspack 2/22/25, 7:12 UConn Prof. Guilty of Sexual Misconduct Collects State Benefits 8/8", "8601_104.pdf": "This investigation contains strong language and sexual topics that may not be appropriate for all readers. This investigation is a follow-up to an investigation published on May 8, 2022 former University of Connecticut student has come forward and alleged that she was sexually assaulted by former School of Fine Arts (SFA) Professor Frank Noelker in 2003. She claims she reported it to the Office of Institutional Equity (OIE), UConn Police and State Police, and nothing was done, allowing Noelker to continue abusing students for almost two decades tried every avenue could possibly think of to prevent this predator from continuing his behavior,\u201d Katie said. \u201cAnd here we are 17 years later, and find out that there are numerous UConn allegedly knew of abuse by Fine Arts pro- fessor in 2003 by Tom Hopkins June 5, 2022 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 1/8 numerous victims that came after me.\u201d Frank Noelker with his wife, Laurie Sloan, in 2003 at the Center for Great Apes in Florida. Photo taken by Katie. As previously reported, the recently retired Noelker was found to have engaged in sexual misconduct with students in a 2018 report conducted by OIE. Instead of moving to dismiss Noelker, the University cut a deal with him to keep him on as a full-time professor. The events detailed in the report spanned from 2011 to 2018, but Katie says that in 2003, Noelker took her to his home, got on top of her and forcibly put his hands up her shirt to grab her breasts, then attempted to remove her pants. Katie was a student at UConn\u2019s School of Fine Arts from 2000 to 2005. Her first personal encounter with Noelker happened after her second Basic Photography class with him in 2001. Noelker was having students work on a project about something they had struggled with in life. Katie broke down emotionally during class. According to Katie, Noelker asked her to come to his office after class, she 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 2/8 obliged, and Noelker immediately told her about his abusive childhood, a subject which several of Noelker\u2019s former students reported that he often talked about. After Katie\u2019s meeting with Noelker in his office, she said Noelker took a special interest in her and her work. In 2002, He and his wife took her and two other students on a road trip to the Center for Great Apes in Wauchula, Florida over spring break, where he would photograph the chimps and orangutans that lived in the sanctuary. Noelker and his wife paid all the expenses for the trip, according to Katie. \u201cWe [the students] would help out around the property, sort of get this cool experience, you know, volunteer some of our time and labor,\u201d Katie said. \u201cSo, of course thought \u2018that\u2019s an amazing opportunity and went to Florida and back with no particular weirdness or anything.\u201d From right to left: anonymous male student, sanctuary employee, anonymous female student, Katie, Laurie Sloan, sanctuary employee, Frank Noelker, sanctuary employee. Upon returning to Florida, Katie had a string of bad luck. The work-study jobs she financially relied on were cut from the school\u2019s budget, then her bike was stolen lived in an apartment off-campus, Huntington Lodge, so my bicycle was really critical to getting around,\u201d Katie said. \u201cAnd it was like during finals week, that, maybe in an email mentioned to 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 3/8 Frank, you know, \u2018my bike was stolen. And he said, \u2018Oh, you know, my wife has an old bike that\u2019s just sitting in our garage. You can have it.\u2019\u201d According to Katie, Noelker drove to her apartment, picked her up, drove her back to his house and invited her inside. Once inside, Noelker told her to sit on the couch sat on the very far opposite side of the couch from him, but he sort of grabbed my ankle and started giving me a foot massage,\u201d Katie said. \u201cAnd didn\u2019t really know what to make of it, so just kind of froze and tried to talk about anything benign and sort of pretend it\u2019s not happening.\u201d But, according to Katie, Noelker steered the conversation toward sex. He asked her about her boyfriend and if they were sexually active. Then he asked her what her favorite sexual position was, Katie said. \u201cAt this point, I\u2019m really scared because realize this is predatory questioning,\u201d Katie said just [said], \u2018Oh don\u2019t know,\u2019 tried to, like, laugh it off. And he then volunteered that his favorite sexual position was doggy-style because he enjoyed how his balls could hit the woman\u2019s clit while he\u2019s fucking her.\u201d Katie said Noelker then offered to take nude photos of her, she declined. He then asked to see her breasts, she declined. Then, according to Katie, Noelker got on top of her, straddled her, and forced his hands up her shirt and began massaging her breasts, and told her how beautiful they were was in total frozen mode, out of body experience,\u201d Katie said. \u201c\u2018This isn\u2019t happening\u2019 kind of thing, right?\u201d Then he put his hands on my jeans where my zipper was and started to unzip my pants. And I, like, grabbed [her jeans] and held my pants together.\u201d \u201cAnd he said another thing specifically remember because it was very odd,\u201d Katie said. \u201cHe said, \u2018Can please see your sex,\u2019 as though he was using sex as a noun to describe my anatomy.\u201d She said no and told Noelker that she was late handing in a final exam. Noelker offered to drive her back to campus, according to Katie. She accepted and when she turned in her paper for her women\u2019s studies class, she told the graduate student teaching the class what had happened. That former graduate student, who requested her name not be used for privacy reasons, confirmed Katie told her what happened and recalled specific details of Katie\u2019s account of the alleged assault. That night, Katie went to the UConn Police Department to report a sexual assault. She was told that because it happened off-campus at Noelker\u2019s house, it was out of UConn Police\u2019s jurisdiction. So she waited for a State Trooper to take her statement. 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 4/8 However, when an officer did show up, he didn\u2019t give any clear guidance on what to do, according to Katie. Fearing that her identity would be revealed and her college career would be ruined if Noelker\u2019s arrest became a public spectacle, she told State Police that she didn\u2019t want him arrested, but wanted a record of it, in case Noelker ever assaulted another student. Attempts to obtain Katie\u2019s report to State Police were unsuccessful. They destroy records of reports every 10 years unless it\u2019s a guilty verdict or was collected. From there, Katie said she told another professor about what happened. That professor urged her to report it to the Office of Institutional Equity. So she did, and took her account, then took Noelker\u2019s account. Katie said the only action took was to require Noelker not to contact her in any way again. But Noelker did contact her again, Katie said saw him continually in the halls on campus, and then one day he followed me across the street to a convenience store,\u201d Katie said. \u201cHe approached me on the street and basically gave me this story about how he\u2019s sorry about the confusion that happened, but he, \u2018was fucked up on Prozac,\u2019 and just trying not to kill himself.\u201d Katie said she immediately told that Noelker had approached her and talked to her, but she is not aware if he was disciplined in any way. UConn did not comply with a request pursuant to Katie\u2019s report. UConn declined to provide a comment or answer questions for this story. 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 5/8 \u201cIt definitely affected my performance not only as an art student but as a student overall,\u201d Katie said. \u201cBecause now on top of already being in a difficult personal situation with finances and everything was trying to manage the trauma of having been assaulted by someone trusted, who worked as an authority figure in the department that was supposed to be graduating from.\u201d Making matters worse for Katie, she had a required class with Noelker\u2019s wife, Laurie Sloan, another professor. Katie was worried that Noelker might have told his wife an alternate version of events to paint her as a liar and would affect the student-teacher relationship or her grade. Katie said she was able to talk to the Dean of the at the time and get the class dropped ended up dropping another class that semester because was a mess and was just trying to avoid being in the art building as much as possibly could, because every time ran into [Noelker thought it was going to throw up,\u201d Katie said. \u201cImagine being [art concentration] and having your number one goal be to avoid the fucking art building.\u201d Noelker declined to comment for this story. However, Noelker seemingly addresses the incident in the 2018 report. In the report, Student said that Noelker told her that she would, \u201clook good in a burlap bag,\u201d and, after seeing her leave a meeting with another faculty member, told her to \u201cbe careful with some people around here,\u201d referring to other faculty members. 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 6/8 Student said that on another occasion, Noelker brought her to his house to use software used to review graduate applications and pick up some things for a class. He apparently only had that software on his home computer. According to the report, Student sat on the couch while she waited for Noelker to retrieve his things. Noelker then sat on the couch and told her that a student had once taken off her clothes at his house, and he responded to the student by saying he was married and \u201cdoesn\u2019t do that.\u201d He then told Student that he was accused of something regarding the incident with that student. Noelker further elaborated on those comments to the investigator in 2018. He said that about 15 years ago a student who was having some personal issues visited his home. He said he wanted to help her as a friend and a mentor. He said the student was lying on his couch and began to slide towards him which caused her shirt to begin to lift up. He said he responded by saying he did not want to see her breasts. Noelker said that he later learned that the student told other students that she just wanted to get him in trouble, according to the report credited Student N\u2019s account of what happened in the report. In 2018, around the time Noelker was being investigated by OIE, Noelker was acting erratically in class and had a meltdown in front of his students, according to a former student who wished to remain anonymous. The former student said the concept behind the photos she took upset Noelker and triggered his outburst was trying to combine the idea of like a journalist approach with an artistic approach, and [Noelker] got really frustrated because he was telling me that didn\u2019t know any successful photographer that was able to do that,\u201d the former student said. Other students in the class spoke up in defense of the former student which only made matters worse classroom debate ensued and Noelker became angry and told students that they need to listen to him because he was more experienced in photography and life, according to the former student. Feeling like she had cause the whole ordeal, the former student became upset. \u201cThat day had one of the worst anxiety attacks and ran out of the class crying and hyperventilating,\u201d the student said. \u201cWhen got back in the classroom Frank [Noelker] was crying on the shoulder of another student,\u201d the former student said. \u201cAnd he was just going into how when he was a child he was raped by his neighbor and how it\u2019s so hard for him and it was just so bizarre to see that in a classroom, at a school pay thousands of dollars to attend.\u201d 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 7/8 \u00a9 2025 Connecticut Inside Investigator Powered by Newspack As previously reported, that same report found that Noelker violated the University\u2019s Policy Against Discrimination, Harassment and Related Interpersonal Violence when he invited a female student (Student B) into his house to give her a gift and attempted to give her a massage, engaged in a sexually explicit conversation with the student and purchased her a book containing a collection of erotic short stories. The report also contained several more troubling findings and accusations that noted, \u201creflect conduct that raises questions regarding professional judgment and appropriate boundaries.\u201d Resources: Connecticut Sexual Assault Hotline You can be immediately connected with services in your area by calling the toll free sexual assault hotline: Statewide 24 Hour Toll-Free Hotline 1.888.999.5545 English 1.888.568.8332 Spanish Connecticut Alliance to End Sexual Violence: All sexual assault advocacy services are free and confidential. RAINN: Topics on this page 2/22/25, 7:12 UConn allegedly knew of abuse by Fine Arts professor in 2003 8/8"}
7,312	William S. Gaither	Drexel University	[ "7312_101.pdf", "7312_102.pdf", "7312_103.pdf" ]	{"7312_101.pdf": "Remembering Drexel\u2019s Presidents By Alissa Falcone < 26, 2016 This article is part of the DrexelNow \"Faces of Drexel\" series honoring Drexel's history as part of the Universitywide celebration of the 125th anniversary of Drexel's founding in 1891. You already know that President John A. Fry < is the current president of Drexel University, but who was the first Drexel president? Who served the longest amount of time as president \u2014 and the shortest? Read on to find out as DrexelNow honors the Drexel presidents < who have shaped the University in 125 years. Drexel presidents are pictured left to right, top to bottom, in chronological order. Photos courtesy University Archives. 2/22/25, 7:13 Remembering Drexel\u2019s Presidents 1/5 James A. MacAlister < served as the inaugural president of the Drexel Institute of Art, Science and Industry. The Scotland native, who previously served as the first superintendent of Philadelphia\u2019s public school district, was chosen because of his strong advocation of practical training. During his presidency, Drexel expanded from a graduating class of 70 students in 1892 to 500 graduates in 1913, the year in which MacAlister resigned in ill health and died six months later. He served for 22 years \u2014 the longest tenure ever for a Drexel president. MacAlister Hall was named after him in 1973. Though not considered an official president, Horace Churchman, a member of Drexel\u2019s board of trustees, served as president in the interim. Hollis Godfrey < became the next president in 1913. He consolidated the institute\u2019s original independent departments < into four schools. His legacy includes Drexel\u2019s contributions to the World War effort < the creation of the co- op program in 1919 and making Drexel a degree-granting institution. Godfrey resigned in 1921 to become chairman of the Council of Management Education and president of the Engineering- Economics Foundation, later falling ill and dying in 1936. Kenneth G. Matheson < became Drexel\u2019s president in 1921. His legacy includes reorganizing the administrative and faculty structure of the institute; increasing student organizations and outreach; expanding the co-op program; wiping out Drexel\u2019s deficit; increasing the institute\u2019s endowment to $1 million and expanding the size and quality of campus. Matheson was granted a leave of absence in May 1931 for his ill health, but he postponed the leave and died of a heart attack six months later. Matheson Hall < which was on campus from 1965 until 2011, was named after him. Drexel\u2019s Board of Trustees then created an interim committee of deans, chaired by Academic Dean Robert Disque < to lead until the next president was hired. Parke R. Kolbe < started in 1932 after serving as president of the University of Akron and the Polytechnic Institute of Brooklyn. Kolbe decentralized Drexel's administration and developed educational programs to support national defense as the threat of World War loomed. Under his tenure, the Drexel Institute of Art, Science and Industry became the Drexel Institute of Technology in 1936. Kolbe died suddenly from heart disease in 1942 at age 60. 2/22/25, 7:13 Remembering Drexel\u2019s Presidents 2/5 Disque, then the dean of faculty, headed another interim executive committee after President Kolbe died. George Peters Rea < became the next president in 1942 after serving as the first paid president of the American Stock Exchange. He was hired for his business acumen, since the institute was suffering from financial and enrollment hardships as a result of World War II. However, Rea was criticized for his laid-back style and habit of making decisions without the approval of the faculty senate or Drexel community, such as the controversial selling of Drexel\u2019s art and manuscript collection < in 1944. He resigned that year (and thus completed the shortest presidency) to return to private business, later serving as the governor of the State Bank of Ethiopia and dying in 1978 at age 84. Disque served as acting president in the interim. Disque Hall was named in his honor in 1967 and he died in 1968. James Creese < became president in 1945 after serving as vice president of the Stevens Institute of Technology. Creese\u2019s two-decades-long reign at Drexel was marked by the hardships of World War II, the post-war increase that doubled the student population and the expansion of Drexel\u2019s campus and curriculum. He resigned in 1963 and died three years later of a heart attack at age 70. The Creese Student Center, opened in 1963, is named for him. William W. Hagerty < started in 1963 after serving as dean of the University of Texas\u2019 College of Engineering. He established several new schools and colleges, plus a graduate program; expanded the campus from 10 to nearly 40 acres; grew the budget tenfold to $80 million; increased the proportion of faculty with PhDs from 24 to 94 percent and doubled student enrollment to 14,000. Hagerty\u2019s forward thinking transformed Drexel into a university in 1970 and made it the first university to require personal computers for students < in 1983. He resigned the next year, later dying of cancer at age 70 in 1986. The W. W. Hagerty Library, opened in 1984, is named for him. University of Delaware dean William S. Gaither < became the next president of Drexel in 1984. He created 11 new majors, increased alumni giving and worked on programs to enhance minority student enrollment. After a Drexel employee filed a sexual harassment claim and other allegations followed, Gaither resigned in 1987. In later years, he became the owner/consultant of Gaither & Associates and died in 2009 at age 77. 2/22/25, 7:13 Remembering Drexel\u2019s Presidents 3/5 Alumnus, senior vice president and trustee Harold M. Myers < 29/news/25390477_1_constantine-papadakis-drexel-university-interim-president> \u201938 came out of retirement to serve as interim president from 1987\u201388. Myers Hall was named for him in 1977. He died of multiple organ failure at age 89 in 2004. Richard Breslin, a former Catholic priest and president of the University of Charleston in West Virginia, was named Drexel\u2019s president in 1988. At Drexel, he increased alumni giving and strengthened the basketball program. After low undergraduate enrollment and budget cuts, Breslin resigned in 1994. He became the executive vice president and provost at St. Louis University and is now the senior major gift officer and director of development at the Children's Hospital of Philadelphia. Drexel alumnus and trustee C.R. \u201cChuck\u201d Pennoni < ('63, '66, Hon. '92) served as interim president. In 1995, Constantine Papadakis < became president at the ailing Drexel, which had low enrollment and cash flow. Papadakis, the second international Drexel president and the only Greek college president in America during his tenure, doubled the full-time undergraduate enrollment and faculty size, tripled freshman applications and quintupled the University's endowment and research funding. He died of complications from lung cancer in 2009 at age 63. The Papadakis Integrated Sciences Building was named after him in 2011. Pennoni filled in as interim president again. Current president John A. Fry < became president in 2010 after previously serving as president of Franklin & Marshall College and executive vice president of the University of Pennsylvania. His vision for Drexel includes transforming the University into what he calls \"the modern urban university of the future\" by using its strengths and resources to serve its community, its neighborhood, its city and the nation. During Fry's presidency, Drexel has created major partnerships in Philadelphia, such as the affiliation with the Academy of Natural Sciences and major neighborhood initiatives, as well as global connections in China, Turkey, Israel, Brazil and Chile. 2/22/25, 7:13 Remembering Drexel\u2019s Presidents 4/5 Drexel News is produced by University Marketing and Communications < Media Relations < Submission Guidelines < [email protected] For story suggestions or to share feedback [email protected] For questions concerning the website, or to report a technical problem 2/22/25, 7:13 Remembering Drexel\u2019s Presidents 5/5", "7312_102.pdf": "/ Home / History / Timeline / 2016 / August 1984 August 17, 2016 University of Delaware dean William S. Gaither becomes the president of Drexel University in 1984. At Drexel, Gaither creates 11 new majors, increased alumni giving and worked on programs to enhance minority student enrollment. After a Drexel employee filed a sexual harassment claim and other allegations follow, Gaither resigns in 1987 and dies in 2009. Alumnus, senior vice president and trustee Harold M. Myers '38, Hon. '83 comes out of retirement to serve as interim president from 1987-88. Myers Hall, built in 1977, was named for him. Myers dies of multiple organ failure ate age 89 in 2004.", "7312_103.pdf": "William S. Gaither William S. Gaither (December 3, 1932 \u2013 September 11, 2009[1]) was a civil engineer and former president of Drexel University.[2] Gaither studied civil engineering at the Rose Polytechnic Institute (now the Rose-Hulman Institute of Technology), graduating in 1956.[3] Before continuing with his graduate education he worked for the Meyer Corporation, the Dravo Corporation, and the Bechtel Corporation as an engineer. In 1964 he received a Ph.D. from Princeton University concentrating his work on marine transportation and ocean engineering. Gaither taught at Princeton University and the University of Florida.[4] In 1967 he started an ocean engineering program at the University of Delaware. In 1970 he was offered the position of dean and professor of the College of Marine Studies at Delaware, where he was also the Sea Grant program director. This program is an organization which honors colleges that have developed a curriculum for studying the oceans and human impact on them. During his career he frequently testified to Congress on environmental and oceanographic issues.[5] In May 1984[6] he left the University of Delaware for the position of President of Drexel University. He was officially he was installed into the position on April 27, 1985. While at Drexel he created eleven new majors and increased alumni giving.[7] He also worked on programs to enhance minority student enrollment at Drexel. During his tenure at Drexel he was on the boards of the University City Science Center, the Pennsylvania-New Jersey-Delaware Council, and the West Philadelphia Partnership.[4][8] On April 22, 1987, a Drexel employee filed a sexual harassment complaint against Gaither stating that he had sexually harassed her at a business dinner. Following the incident, faculty vote resulted in a motion of \"no confidence\" in Gaither. Upon review of the situation and an investigation into other sexual harassment allegations, the Drexel board of trustees overturned the vote of no confidence and did not ask Gaither for his resignation.[7] In October of that year, following continual turmoil on campus due to the incident, Gaither resigned stating that \"While am fully prepared and wish to continue as president of this fine institution, it is my considered judgment that to do so will not serve the best interests of the university.\"[6] Academic background Career 2/22/25, 7:13 William S. Gaither - Wikipedia April 22%2C 1987%2C a,\"no confidence\" in Gaither. 1/2 1. \" Obituary, Delaware News Journal, retrieved 2009-09-21 2. Paul, David A. When the Pot Boils: The Decline and Turnaround of Drexel University ( s.google.com/books?id=uw-pyuX8xOcC&dq=William+S.+Gaither&pg=PA30 Press. p. 30 978-0-7914-7853-0. 3. Conference, American Society for Engineering Education (1991). Proceedings ( le.com/books?id=BBRDAQAAIAAJ). American Society for Engineering Education. p. 324. 4. \"Office of the President Records, Gaither Personal Information, 1.11, Series 3, Sub-series G\" (htt p:// Drexel University Archives and Special Collections. Retrieved 2008-04-01. 5. \"History of Sea Grant: Sea Grant: National Oceanic and Atmospheric Administration\" ( eagrant.noaa.gov/aboutsg/historyofsg.html). National Sea Grant Office. Retrieved 2008-04-04. 6. Collins, Huntly (October 21, 1987). \"President Of Drexel Steps Down\". The Philadelphia Inquirer. p. A01. 7. Stevens, William (June 7, 1987). \"Harassment Charge Poses Threat To Leadership Of Drexel U. Head\" ( 260&sec=&spon=&pagewanted=2). The New York Times. Retrieved 2008-04-11. 8. \"William S. Gaither Administrative Files\" ( tml). Drexel University Archives and Special Collections. Retrieved 2008-04-01. Retrieved from \" References 2/22/25, 7:13 William S. Gaither - Wikipedia April 22%2C 1987%2C a,\"no confidence\" in Gaither. 2/2"}
7,758	Anthony Wolbarst	University of Kentucky	[ "7758_101.pdf", "7758_102.pdf" ]	{"7758_101.pdf": "Kentucky Kernel \u2022 January 12, 2017 \u2022 investigated-for-sexual-misconduct/ Eight faculty investigated for sexual misconduct Marjorie Kirk Five years of cover letters to sexual misconduct investigations revealed that the university\u2019s office of Title investigated eight faculty members, and recommended that two leave the university. Christopher Romanek and Anthony Wolbarst resigned from the university following their investigations in 2013. Both made settlement agreements with the university that would not disclose details of their investigations, and that personnel records would only disclose the reason for the resignation, \u201ce.g. resignation for personal reasons.\u201d Romanek was investigated for having a relationship with a student that eventually prompted her to file a complaint with Title IX. The cover letter written by Title Coordinator Patty Bender said that Romanek refused to arrange for the student to have a different adviser, and treated the student negatively after she refused the relationship and refused to reconsider her decision. Romanek was suspended from campus, but the case resolved after he came to an agreement with the university to voluntarily resign, and receive three months pay and $25,000. Romanek is now a research professor in the Earth and Environmental Science Department of Furman University. Wolbarst was investigated and found responsible on two accounts by UK. He was first investigated for inappropriate comments, and second for retaliating in relation to the first complaint. He came to an agreement with the university to resign, but would receive his salary of $126,344 from February to September of 2013, and maintain his retirement benefits. The settlement agreement also said that if the university is asked about the nature of his termination, then it will respond by stating that he voluntarily resigned, and would release a memo which said he retired in 2013 Professor Buck Ryan In addition to the two faculty members who left the university, journalism associate professor Buck Ryan was also investigated and found responsible for inappropriate behavior and language, while at Jilin University in China. Ryan said that the investigation and subsequent punishment, including losing university travel funding and forfeiting a Gaines Center award, were unfair and violated his constitutional rights was convicted without trial of inappropriate behavior, which never occurred, with two women students,\u201d Ryan said in an email to the Kernel. He sang \u201cCalifornia Girls\u201d by the Beach Boys to students at a closing ceremony. He said that Dean Dan O\u2019Hair of the College of Communication and Information never spoke with him before issuing the punishment, and that the university said he had no right to due process Spokesman Jay Blanton said in a column for The Lexington Herald-Leader that Ryan was \u201cmanipulating facts,\u201d and that two of the Chinese universities Ryan visited had complained about him. \u201cThe faculty were unanimous in their complaints and their concerns, in which a preponderance of evidence concluded that he engaged in \u2018inappropriate touching\u2019 and \u2018language of a sexual nature,\u2019\u201d Blanton said. He also said that if Ryan wanted the investigation to be examined by the public, he could waive his personal privacy rights, and the university would release the investigative report and his emails to university officials, with redactions to protect student privacy. Altogether released cover letters to 57 investigations, many of which recommended that the employee be fired or be required to take sexual harassment training. The cover letters were heavily redacted to exclude details of the complaints, names and identifiers of those involved.", "7758_102.pdf": "At University of Kentucky, about 40 percent of harassment investigations end in firing By Linda Blackford [email protected] December 19, 2016 8:59 AM\| The University of Kentucky Faron Collins Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 05:10 10 10 $1.99 1 Gain unlimited access to our exclusive stories Log In \| Subscribe 2/22/25, 7:14 University of Kentucky fired employees in 40 percent of harassment cases \| McClatchy Washington Bureau 1/5 University of Kentucky investigators looked into 57 sexual harassment and discrimination complaints from 2011 to 2016, finding enough evidence to recommend firing the employee about 40 percent of the time. About 33 percent of those investigated were found in violation of UK\u2019s policies but were allowed another chance, often with more training. No evidence was found to support the complaints in the remaining 27 percent of cases. In the most egregious cases, in which firing was recommended, it appears that most of those employees no longer work at UK. \u201cGenerally our expectation is that these recommendations are made after very comprehensive investigations and will be taken very seriously, and we believe they are spokesman Jay Blanton said employs about 12,000 staff and 2,000 faculty. The Herald-Leader requested the final cover letters of UK\u2019s harassment investigations since 2011 under Kentucky\u2019s Open Records Act and received heavily redacted copies from the Office of Institutional Equity. Most of the letters were written by Patty Bender, vice president for equal opportunity at UK. The open-records request was prompted by the case of James Harwood, an associate professor accused of sexual harassment and abuse who left this year with a settlement deal. He has denied any wrongdoing. The documents show two other cases in which faculty left with similar agreements, including promises by not to disclose the investigations unless required to do so by law. In one case, the professor got a job at another school. The vast majority of cases were complaints made about an employee by peers who alleged inappropriate comments or behavior at work. Some firings were recommended after an employee had already been warned about the behavior. 2/22/25, 7:14 University of Kentucky fired employees in 40 percent of harassment cases \| McClatchy Washington Bureau 2/5 Most of those employees do not have direct contact or oversight of students. Eight faculty members were investigated. Five who were found to have committed minor violations received a warning and anti-harassment training. In two cases, Bender recommended that the faculty members \u2014 Christopher Romanek and Anthony Wolbarst \u2014 stop teaching, and they subsequently left UK. In one case, journalism associate professor Buck Ryan lost any funding to travel abroad, requiring him to forfeit a prestigious award from the Gaines Center. He had to undergo training and was given a warning about future behavior. Bender\u2019s 2015 letter to Ryan said investigators found evidence of inappropriate behavior and language with students during a trip to teach at Jilin University in China. Concerns were reported by fellow faculty. \u201cMore than a preponderance of the evidence reveals that Mr. Ryan acted inappropriately in violation of the discrimination and harassment policy prohibiting inappropriate touching and language of a sexual nature,\u201d Bender\u2019s letter said. \u201cMaking it especially egregious is the fact that he was with students at a university where he was a representative of the University of Kentucky, and he fails to acknowledge any responsibility.\u201d 2/22/25, 7:14 University of Kentucky fired employees in 40 percent of harassment cases \| McClatchy Washington Bureau 3/5 Ryan wrote a lengthy rebuttal questioning the allegations and the university\u2019s investigative process, which he submitted to the Herald-Leader. According to Ryan, he sang the Beach Boys song \u201cCalifornia Girls\u201d at a closing ceremony at Jilin. \u201cUK\u2019s Title coordinator ruled that the song, \u2018California Girls,\u2019 included \u2018language of a sexual nature\u2019 and was somehow offensive, though no victims were identified,\u201d Ryan wrote. \u201cThe same regulation prohibits \u2018making an intentionally false accusation,\u2019 so the question arises: How competent is UK\u2019s Title office? If my case is any indication, then everyone concerned about discrimination and sexual harassment should be alarmed.\u201d He added: \u201cUK\u2019s three-month investigation of my case revealed no student complaints,\u201d Ryan said. \u201cIn my more than 30 years of college teaching have never faced a complaint of sexual misconduct from a student.\u201d Spokesman Blanton declined to comment on specific cases. In September, President Eli Capilouto recommended new policies to make sure does not hire people with a history of sexual misconduct. \u201cTo that end, President Capilouto is committed to working with faculty and staff leaders in a collaborative way to enact these commonsense reforms and measures,\u201d Blanton said. \u201cBut what shouldn\u2019t be lost in all this is that both the constitution and federal law require us to do three things very specifically and intentionally: Stop the harm, mitigate the effects of the harm, and make sure it doesn\u2019t happen again.\u201d The Harwood case sparked a court battle over open records between and its independent student newspaper, the Kentucky Kernel refuses to release any documents from a sexual harassment case beyond the cover letter, saying that to do 2/22/25, 7:14 University of Kentucky fired employees in 40 percent of harassment cases \| McClatchy Washington Bureau 4/5 Part of the McClatchy Media Network so could somehow identify victims. Neither the Kernel nor the Herald-Leader generally identify victims of sexual assault or abuse. Linda Blackford: 859-231-1359, @lbblackford 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 Securely Share News Tips About Us Contact Us Advertise With Us 2/22/25, 7:14 University of Kentucky fired employees in 40 percent of harassment cases \| McClatchy Washington Bureau 5/5"}
8,108	Communications Department	University of Pittsburgh	[]	{}
8,490	Eric Johnson	University of Toledo	[ "8490_101.pdf", "8490_102.pdf", "8490_103.pdf" ]	{"8490_101.pdf": "music instructor on paid leave after allegations of misconduct surface 8, 2019 8:59 University of Toledo music instructor is on paid administrative leave after multiple students raised concerns about his conduct, including alleged instances of inappropriate touching, the invasion of personal space, and repeated comments about students\u2019 looks. His leave follows an Oct. 21 meeting between six students and interim Provost Karen Bjorkman, but university records show it is not the first time students and employees have flagged instances of alleged sexual misconduct concerning Eric Johnson, who also goes by Erik Johanson. In fact, records show university officials have investigated Mr. Johnson, 72, an associate professor of voice who has been with since 1992 and tenured since 1999, 10 times for possible Title violations since 2017. Title is a federal law that prohibits sex discrimination, including sexual harassment, sexual assault, or retaliation. 2/22/25, 7:30 music instructor on paid leave after allegations of misconduct surface \| The Blade 1/5 The Blade requested public records including Mr. Johnson\u2019s personnel file, Title complaints, and any documentation regarding misconduct on Sept.4, 2019. The Blade has since followed up with the university four more times before receiving the records on Friday. On May 23, 2018, then-Director of Title and Compliance Donald Kamm wrote to then-Provost Andrew Hsu expressing concern about Mr. Johnson\u2019s behavior. He said he had received five sexual harassment complaints naming the professor during the 2017-2018 academic year, two from faculty members and three from students. While one student dropped her complaint because she did not believe it was sexual in nature, Mr. Kamm wrote that he still found the behavior to be disturbing. \u201cProfessor Johnson pushes boundaries to the level that he makes many people uncomfortable. After four completed investigations can state that he violated the University of Toledo\u2019s Title Policy in one case,\u201d Mr. Kamm wrote. \u201cHowever, Professor Johnson\u2019s behavior, when viewed collectively, appears to create an ongoing threat of sexual harassment to the University community.\u201d Mr. Johnson did not return a call seeking comment, but his wife, Cecelia Johnson, said her husband has been pushed \"to retire without justification.\u201d 2/22/25, 7:30 music instructor on paid leave after allegations of misconduct surface \| The Blade 2/5 \"The university has already investigated allegations against him and found minor infractions with reprimands. My husband is being treated with clinical depression and our counselor offered to report to the university the depth of destruction caused by allegations that have largely been unfounded,\" she said. The longtime professor was first accused of sexual misconduct at in October, 2017. University documents show a part-time instructor reported Mr. Johnson tried to kiss her on the mouth while she was teaching a class, but she turned her head and the kiss landed on her cheek. In February, 2018, a student reported an \u201cuncomfortable\u201d interaction with Mr. Johnson after a November, 2016, production of \u201cThe Merry Widow.\u201d The student was wearing a costume with fishnet leggings, and one of the dance moves was to turn around and \u201cfluff our skirt,\u201d she wrote. The student reported that Mr. Johnson whispered in her ear after the performance, asking if the student \u201cforgot to put on britches\u201d because he could see her whole backside have always excused his behavior because he is older and had a stroke, but after talking to a few other students have come to realize that am not the only [redacted] in the department that has felt uncomfortable by some of the comments made by Dr. Johanson,\u201d the student wrote. Three Title complaints were filed in March, 2018. One alleged Mr. Johnson gave a student an unwanted side hug and a kiss. Another claimed he approached a student with a forkful of cake and asked if the student wanted to lick some frosting. The other complaint warned that the professor\u2019s inappropriate behavior toward young female students had escalated. Two more complaints \u2014 filed in December, 2018, and one in February, 2019 \u2014 indicate Mr. Johnson was talking frequently to students about previous Title complaints that had been filed against him. Another report of unsettling behavior regarding the professor occurred in the spring of 2019. The most recent sexual harassment complaint filed before the students\u2019 Oct. 21 meeting with UT\u2019s interim provost was submitted to the university\u2019s Title office Sept. 4. The student reported being ogled by Mr. Johnson 2/22/25, 7:30 music instructor on paid leave after allegations of misconduct surface \| The Blade 3/5 and said she is afraid \u201canother incident will happen to be one of our freshmen\u201d because they are \u201cclueless to all of this.\u201d Mr. Johnson during an interview with the university's Title staff denied the accusations that he inappropriately looked at or addressed the student. In previous Title interviews, Mr. Johnson said he did not realize or did not believe his behavior in question was unwelcome or inappropriate hand-delivered letter dated Oct. 23 informed Mr. Johnson that the university had placed him on paid administrative leave. Records show he is paid a nine-month base salary of $76,500. \"Within the past week, new allegations have come forward that you engaged in inappropriate conduct toward several students, potentially in violation of University policies related to Title and/or the Standards of Conduct,\" the letter, signed by President Sharon Gaber, states. \"Because of these allegations am concerned that your continued presence on University property constitutes a threat to the health or safety of other members of the University community...\" The letter informed Mr. Johnson that he was prohibited from retaliating against any individual who could be involved in the complaint against him. It also said his leave would remain in effect pending the outcome of a university investigation and any subsequent disciplinary actions. It\u2019s not the first time he has been disciplined. On Aug. 24, 2018, the university suspended Mr. Johnson without pay for five days. Officials told the professor he would need to complete two individual trainings \u2014 one on appropriate behavior in the workplace and classroom and a Title training \u2014 by November 2018. It also referenced a previous memo from the university, in which Mr. Johnson was told to refrain from touching and hugging students and staff, commenting on their appearance, wardrobe, and physical attributes, and invading their personal space. Don Wedding, grievance chairman for UT\u2019s American Association of University Professors, told The Blade university officials did not find Mr. Johnson violated Title based on any complaints filed in 2018 and 2019. 2/22/25, 7:30 music instructor on paid leave after allegations of misconduct surface \| The Blade 4/5 Mr. Wedding said Mr. Johnson is being targeted by students who say they are made to feel uncomfortable by the professor, but said his behavior is not sexual in nature. \"They talked about this man being a creepy old man,\" he said. \"This guy is [72] years old. He has not had any prior history of this stuff until these illnesses. He's had strokes. He's been on medical leave. He's had cancer operations. He walks with a cane. He's frail.\u201d He added that Mr. Johnson can no longer teach in a classroom and instructs through distance learning spokesman Meghan Cunningham in a statement said the university \u201cstrives to provide a safe and inclusive learning environment for all members of our campus community.\u201d She declined to comment further, citing the pending investigation. First Published November 8, 2019, 8:59 p.m. 2/22/25, 7:30 music instructor on paid leave after allegations of misconduct surface \| The Blade 5/5", "8490_103.pdf": "1f861e9e21d5.html Updates on three cases affecting Reporter Mar 23, 2016 Three cases involving officials and students are slowly making their way toward the courts. Here's the latest on each, updated as developments emerge. Eric Johnson allegedly killed Sarah Mutschlechner Judge Bruce McFarling of the 362nd District Court will give an unspecified announcement on the case of Eric Johnson at 8:30 a.m., March 31. Johnson is being charged with the murder of Sarah Mutschlechner, the student and Zeta Tau Alpha sorority member who was fatally shot on Jan. 1 while driving a car full of people. Grand jury clears Cpl. Bean Eric Johnson \| Courtesy 2/22/25, 7:31 Updates on three cases affecting \| News \| ntdaily.com 1/3 The parents of Ryan McMillan and their attorney are still seeking information on what happened to lead to their 21-year-old son's death by a police officer. Higginbotham-Brooks said that depending on what their investigation finds a lawsuit may be filed by the family under the 19.83 civil statute, which deals with the deprivation of constitutional rights said to have mishandled sexual violence case last year student identified as Jane Doe filed sexual assault charges against the university for not properly handling the investigation of her alleged sexual assault. The Board of Regents and Denton president Neal Smatresk are named in the suit. State attorneys filed Wednesday for the case to be dismissed. The state argues did not break the law because there was no \"deliberate indifference\" on the part of Smatresk or the Board of Regents. File photo from the night McMillian was shot. Hannah Ridings \| Senior Staff Photographer 2/22/25, 7:31 Updates on three cases affecting \| News \| ntdaily.com 2/3 Reporter Updates prepared by senior staff writer Adalberto Toledo and staff writers Chelsea Watkins and Laura Cortez. Featured Image: File Photo Hannah Ridings \| Senior Staff Photographer 2/22/25, 7:31 Updates on three cases affecting \| News \| ntdaily.com 3/3"}
7,727	Frank Crumley	University of Georgia	[ "7727_101.pdf", "7727_102.pdf", "7727_103.pdf" ]	{"7727_101.pdf": "investigation/article_644752cc-5ae5-11e4-bdc1-001a4bcf6878.html Professor to resign after policy \u2018abused\u2019 during investigation Lauren McDonald @laurenmcdonald2 Oct 24, 2014 Katy Janousek, Sexual Health Coordinator at the University Health Center, advises people to confront their significant others in-person rather than over text. Joshua L. Jones 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 1/8 University of Georgia psychology professor accused of violating the University policy against sexual harassment intends to resign because of his \u201cdisgust\u201d with the way the investigative process was handled. Richard Suplita, a professor of behavioral and brain sciences who has worked at for 14 years, was notified Oct. 15 that an Equal Opportunity Office investigation found he had violated the Non-Discrimination and Anti-Harassment policy. The investigator recommended his termination from the University. Nearly two months before the investigation began, Suplita began dating a third-year neuroscience Ph.D. student who was a teaching assistant for his class during the summer semester. Suplita and his girlfriend went to his supervisor on July 28 to confirm there would be no issues if the two began a dating relationship. He said his supervisor gave them both her approval. The following evening, after the last class of the summer had ended, the two posted their relationship status on Facebook put this up on public status certainly wasn\u2019t trying to hide it from anyone,\u201d Suplita said clearly thought that we had been given the unequivocal green light.\u201d However, the thought differently. Suplita was notified Sept. 26 that he was being investigated for violating the NDAH. The section of the policy relating to \u201cConsensual Relationships in Regard to Sexual Harassment\u201d states the University \u201cprohibits all faculty and staff, including graduate assistants, from pursuing or engaging in dating or sexual relationships with any student whom they currently supervise, teach or evaluate in any way.\u201d It also states any employee who \u201csupervises, evaluates or in any other way directly affects the terms and conditions of another employee must immediately disclose the existence of a dating or sexual relationship to his/her immediate supervisor.\u201d Suplita said he was supposedly being investigated based on a student complaint filed Sept. 23 to an advisor that certain comments he had made had made the student \u201cuncomfortable.\u201d 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 2/8 The investigator found no evidence to substantiate that claim, Suplita said, but did find evidence that he had violated the section of the policy that states no supervisor can date a subordinate. The and the Public Affairs Division told The Red & Black they cannot comment on any investigations and cannot confirm that an investigation took place. \u201cIn general, investigative files are closed until 10 days after all appeals are exhausted,\u201d said Tom Jackson Vice President for Public Affairs. Suplita said the found that because he had changed his relationship status before final grades were submitted, he violated the policy. But the way the policy is currently written, Suplita said, it was not clear that he was in violation. \u201cThe policy needs to stipulate think, that all relationships between primary instructions and teaching assistants are inherently supervisors, if that\u2019s what they\u2019re going to enforce,\u201d he said. The most recent revisions to the policy were made in September, in part to \u201cclarify roles, responsibilities, and processes,\u201d according to an ArchNews email. Suplita said while he is in support of UGA\u2019s policy and the EOO, he does not feel the investigative process was fairly handled. He said he was not allowed to have a lawyer defend him or to know the evidence that was brought against him. \u201cThe procedural due process is not being followed by the office,\u201d Suplita said. Suplita said he has \u201cevery intention\u201d of resigning based on his \u201cexasperation and disgust\u201d with the investigation. He has until Oct. 29 to appeal the decision, but he said he does not intend to can\u2019t imagine staying here after this would just be so uncomfortable,\u201d Suplita said. \u201cBut don\u2019t want other people in the future to end up in the same type of situation.\u201d Suplita said the policy itself is in fact a good one. 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 3/8 \u201cReal harassment goes on, real discrimination goes on, and they need to be very vigilant of that and have a good, strong system in place for dealing with that,\u201d he said. However, Suplita said he hopes to see the policy or investigative process changed so that no employee has to go through unfair treatment in the future. \u201cThis is one of those situations where the policy is being abused to hurt people and not help anybody,\u201d he said. Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 4/8 Former associate athletic director's resignation came during investigation of affair 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 5/8 With a staff of five does what it can to address sexual assault 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 6/8 Hot for teacher grossly mishandles teacher/student relationship case 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 7/8 Proposed parental leave policy provides framework, but lacks guarantees for action 2/22/25, 7:31 Professor to resign after policy \u2018abused\u2019 during investigation \| Campus News \| redandblack.com 8/8", "7727_102.pdf": "sexual-assault-victims-increase/article_9a5fd958-4d0f-11e4-aa8d-0017a43b2370.html Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness Lauren McDonald @laurenmcdonald2 Oct 6, 2014 Sandra Gilbreth, a desk clerk and advocate for the Equal Opportunity Office, works at the desk on Friday, September 19, 2014 at the Holmes-Hunter Academic Building in Athens, GA. (Photo/Jessica Beach). Jessica Beach The University of Georgia Equal Opportunity Office made amendments to the Non-Discrimination and Anti- Harassment Policy this month that may affect victims of sexual assault both on and off campus. 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 1/11 Revisions to the policy include an expansion of the scope of the policy. \u201cThis makes it very clear that things that happen off-campus that affect things on-campus are a part of this policy,\u201d said E. Janyce Dawkins, director of the EOO. \u201cSo if something happens that impacts or creates a hostile environment for the University, then we have the authority to investigate that.\u201d The policy revisions broaden the prohibition on consensual or amorous relationships between University employees and their students as well as between employees themselves. According to the policy, faculty and staff may not pursue or engage in \u201cdating or sexual relationships\u201d with their students, and employees are prohibited from \u201chaving a dating or sexual relationship where one employee supervises, evaluates or in any other way directly affects the terms and conditions of the other employee\u2019s employment.\u201d The revisions came out the same day as former associate athletic director Frank Crumley\u2019s extramarital affair with an employee was reported on in a Red & Black article. Crumley gave the married female employee with whom he was having an affair a promotion and multiple pay raises, an incident the subsequently investigated. Crumley resigned Sept. 16. The policy revisions expand the policy to ensure that domestic violence, dating violence and stalking are handled in the same manner as sexual assault. The revisions also identify confidential resources for alleged victims of sexual assault. The policy confirms the will endeavor to honor requests of confidentiality, initiating investigation only when the failure to do so would pose a threat to the university community three-tier level of confidentiality is in place, per the new policy. The first tier preserves the legally-protected confidentially for psychiatrists and psychologists in counseling sessions. \u201cWhat\u2019s different is, it authorized a mid-level of confidentiality and it kind of left open who would fit that with the institutions,\u201d Dawkins said. \u201cIt just said you had to have that level. But what they recommended was that those were people that were your advocates, the sources of support for a victim survivor immediately after an assault and the process of recovery.\u201d 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 2/11 According to the policy, support resource employees at include the University Health Center\u2019s Relationship and Sexual Violence Prevention employees, university ombudspersons and student support services. \u201cWhat the [Department of Education Office of Civil Rights] questions and answers did require in that level of confidentiality was that the persons in that level would be required to report the incidence to the Title coordinator,\u201d Dawkins said. \u201cHowever, they would not have to disclose any identifying information on the victim/survivor. And the caveat to that is, if there was some indication that there was a threat to campus safety or security or the individual\u2019s safety or security, then the Title coordinator could say this is something that we will need to investigate, and that\u2019s very rare. That happens very rarely.\u201d The victim or survivor will be notified that the may have to investigate. \u201cBut even in that instance, if we can do that without identifying that person, we will do that, because we\u2019re trying to protect the confidentiality once it\u2019s protected,\u201d Dawkins said. \u201cSome people want it investigated and they don\u2019t really ask for confidentiality. They just want it investigated fully.\u201d The third tier is made up of responsible employees, who are those in positions of authority who can affect change, Dawkins said. \u201cSo if those people hear about a sexual assault, they are required to disclose it all to [the EOO] office, but again they also disclose to the Title coordinator that victim survivor\u2019s request for confidentiality,\u201d Dawkins said. Madison Turner said she is glad the policy amendments have been made because it signals a response to student advocacy. \u201cStudents have been speaking out about these issues and this is proof that our voices have been heard by people who have the power to make real changes on our campus,\u201d said the junior political science and criminal justice major from Suwanee hope that we will continue to see progress until we reach the end goal \u2014 having a campus free of these issues.\u201d Dawkins said she hopes the policy amendments bring awareness to the policy and how it affects campus hope that it impacts [students] in that the provisions are clearer, that people become more aware of the policy and the options available to them, that it brings a heightened sense of awareness of safety and, taking the term of \u2018It\u2019s On Us\u2019 from the White House campaign, that we\u2019re all a part of the effort to prevent sexual 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 3/11 violence,\u201d Dawkins said. According to an ArchNews email, the changes were made in order to \u201crespond to and comply with changing regulatory guidance and policies; to clarify roles, responsibilities, and processes; and to ensure the University Community is free from harassment and discrimination.\u201d Inclusion of Title language on course syllabi discussed as potential way to prevent sexual assault 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 4/11 begins work on \u2018It\u2019s on Us\u2019 campaign, women\u2019s initiatives 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 5/11 With a staff of five does what it can to address sexual assault 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 6/11 University Council votes to include gender identity, expression in anti-discrimination policy 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 7/11 Pepper's prank indicates lack of respect for both genders Davis' ad shows lack of empathy with disabled community 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 8/11 Professor to resign after policy \u2018abused\u2019 during investigation 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 9/11 students build mattress sculpture to start conversation about sexual assault UGA, Athens community discusses on-campus resources, reporting methods for sexual assault victims 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 10/11 Hot for teacher grossly mishandles teacher/student relationship case 2/22/25, 7:31 Non-Discrimination and Anti-Harassment policy amended to protect confidentiality of sexual assault victims, increase awareness \| C\u2026 11/11", "7727_103.pdf": "Affair with married co-worker forces resignation of associate Crumley Marc Weiszer [email protected] Published 3:00 p.m Sept. 25, 2014 high-level University of Georgia athletics administrator abruptly resigned last week amid an investigation under UGA's anti-harassment policy. Frank Crumley, who served as executive associate athletic director for finance and business, stepped down on Sept. 16 while UGA's Equal Opportunity Office was looking into a relationship he had with a female athletic association employee who reported to him, according to documents obtained Thursday by the Athens Banner-Herald under an open records request. Crumley, 50, is divorced. The married female who emails indicate Crumley was having an affair with worked in a department in athletics since September 2012. She received a promotion March 24, 2014, and a raise from $53,000 annually to $60,950. She received a 4 percent raise to $63,388 on July 1, 2014. The investigator told Crumley the university was concerned the woman got a promotion \"because others had more experience than her,\" and there was no search for the position person in human resources raised questions about the appointment because she did not meet minimum qualifications, according to notes. Need a break? Play the Daily Crossword Puzzle. Athletic director Greg McGarity was told by the officer that the woman had admitted to the relationship but Crumley refused comment. The Banner-Herald decided not to name the woman who had the affair with Crumley because the university closed the case and she faces no disciplinary action. 2/22/25, 7:32 Affair with married co-worker forces resignation of associate Crumley 1/3 Handwritten notes are dated from Sept. 12 and Sept. 16, including that there was concern \"about the relationship and her appointment to current position - others in department with more experience.\" An interview with one employee with said the woman \"gets preference.\" The woman with whom Crumley was involved told the \"relationship did not start until after the appointment.\" Crumley told the investigator when asked about the relationship that \"he was not going to say anything.\" The woman's direct supervisor said Crumley wanted the woman he was having an affair with to fill the role of someone who left for a job at another school. \"She is talented,\" her direct supervisor told the investigator but he also said that two others had more experience than the woman, The notes says that one employee told athletic director Greg McGarity and \"Peggy,\" (Georgia athletics human resources director Peggy Whitfield) that Crumley and the woman \"were around each other often,\" and \"nothing overt.\" \"Greg said keep eye out,\" according to the handwritten note. Under section of Georgia's non-discrimination and anti-harassment policy, it states \"when one party has a professional relationship toward the other, or stands in a position of authority over the other, even an apparently consensual sexual relationship may lead to sexual harassment or other breaches of professional obligations.\" Crumley and the woman used their university email accounts to send messages back and forth. Forty pages of documents were released as part of the investigation and included emails and talk of \"House of Cards.\" It is unclear based on released documents when the relationship started because emails only go back to May. Crumley, who has bachelor's and master's degrees from UGA, worked for the athletic department for more than 20 years and served as interim athletic director for two months after former athletic director Damon Evans was forced out following a arrest. He submitted a letter of resignation on Sept. 16, effective on Oct. 31, but said in a letter to McGarity that he wanted to use his annual leave and not return to the office. 2/22/25, 7:32 Affair with married co-worker forces resignation of associate Crumley 2/3 appreciate the opportunities the University of Georgia and the Athletic Association have given me the past 23 years,\" he wrote. That same day McGarity accepted the resignation and the notes say it was \"confirmed we did not have to meet that afternoon on sanctions.\" The woman told the office that pursued him,\" and that Crumley did not pursue her. Notes dated Sept. 17 from her said she understood she was not being terminated, but she was \"not sure what to do - difficult situation for her.\" The woman submitted her resignation letter on Sept. 18 effective in November. 2/22/25, 7:32 Affair with married co-worker forces resignation of associate Crumley 3/3"}
7,386	David Martin	InterCoast Career Institute	[ "7386_101.pdf", "7386_102.pdf", "7386_103.pdf" ]	{"7386_101.pdf": "Standish nursing student awarded $300,000 in suit She says she was expelled for accusing her instructor of sexual harassment. Posted July 16, 2011 nursing student from Standish has won a $300,000 award from a jury in a lawsuit she filed against a nursing school that expelled her from its program in 2008 \u2014 after she complained repeatedly of sexual harassment by one of its male instructors. The InterCoast Career Institute, a California-based school that operated a nursing program in South Portland, dismissed Aimee Helwig in October 2008, after about nine months of study, for violating the \u201cInterCoast Practical Nursing Code of Conduct.\u201d In a complaint filed in Cumberland County Superior Court, Helwig contended that she had not violated the code and that the school expelled and discriminated against her because she had accused her instructor, David Martin, of sexual harassment. The school expelled Helwig about a week after it was notified that she had filed a complaint about Martin and the school with the Maine Human Rights Commission. Megan Walton of the Southern Maine Agency on Aging will sit down for a conversation with Maine Trust for Local News managing director, Stefanie Manning. Doors open at 7:30 a.m., coffee and light breakfast will be available Staff Writer 2/22/25, 7:32 Standish nursing student awarded $300,000 in suit 1/3 Helwig sued the school for maintaining a hostile work environment, thereby breaching the tuition contract, and for retaliating against her with libelous statements and unwarranted expulsion after she filed the human rights complaint. The civil court jury last week awarded her $100,000 on the claim for retaliation, $150,000 for the inconvenience and emotional distress caused, $30,000 for punitive damages and $20,000 in tuition reimbursement for the breach of contract. Helwig could not be reached for comment Friday. According to court documents, Martin continually asked Helwig invasive questions, touched her inappropriately and made suggestive remarks. When she rebuked him, he began giving her low grades and unflattering write-ups. The school did not remove the poor marks and evaluations from Helwig\u2019s record despite Helwig\u2019s reports to the school about Martin\u2019s behavior, the lawsuit contends. Other students in Helwig\u2019s class reported harassment. Lisa Green wrote on a teacher evaluation that Martin had made comments about her and another student, saying \u201cWhy don\u2019t you sit on her lap?\u201d and want you two making out by the end of the day,\u201d according to court records. Helwig claimed that the school did not take sufficient action against Martin and that he continued to act aggressively toward her. The school dismissed Martin in August 2008 on the grounds that it no longer had a position for him, court records show. However, Martin still worked at the same clinical facility as Helwig during the fall. The school later transferred Helwig to a different location, after which Martin began making critical public statements about her, according to court records 2/22/25, 7:32 Standish nursing student awarded $300,000 in suit 2/3 \u00a9 2025 \| All Rights Reserved \| Press Herald School officials declined to comment Friday on the jury\u2019s award to Helwig. Staff Writer Sophie Gould can be contacted at 791-6354 or at: [email protected] Copy the Story Link 2/22/25, 7:32 Standish nursing student awarded $300,000 in suit 3/3", "7386_102.pdf": "From Casetext: Smarter Legal Research Helwig v. InterCoast Career Inst Feb 9, 2012 NO. CV-09-225 (Me. Feb. 9, 2012) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free NO. CV-09-225 02-09-2012 v Joyce A. Wheeler, Justice Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 1/15 This matter is before the court on post-trial motions filed after a jury verdict finding that InterCoast Career Institute (ICC) discriminated against Aimee Helwig (Helwig) in an educational career program in nursing. The following motions are pending: plaintiffs post-trial brief regarding burden of proof with respect to a cap on damages; defendant's brief regarding a cap on the damages awarded under the retaliation claim; and defendant's motion for a new trial and/or to reduce or modify verdict or judgment and for judgment not withstanding the verdict. The court will address these motions ad seriatim. 1 1 The court treats the plaintiffs post-trial brief and the defendant's brief as motions raising the issues contained therein respectively This is an educational discrimination case in which Helwig was a nursing student at ICC, which has a campus in South Portland, Maine. Helwig alleged in her complaint that a faculty member sexually harassed her and then retaliated against her when she 2 complained about the harassment, culminating in her termination from for allegedly violating the InterCoast Practical Nursing Code of Professional Conduct. Helwig alleged in her complaint a number of counts, but she proceeded at trial on the claims of retaliation, slander and breach of contract. She sought damages, including general and noneconomic damages, economic damages, lost wages, punitive damages and attorney's fees denied each of Helwig's claims and countered that terminated her as a student for cause further alleged that Helwig failed to mitigate her damages. 2 2 2 Although did not timely object to Plaintiffs characterization at times of her claims as employment discrimination claims, the court, as the jury did, analyzes this case as one for educational discrimination. At trial, the jury awarded Helwig the following: $100,000 in lost wages on her claim for retaliation; $150,000 on her claim for emotional pain, 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 2/15 suffering, inconvenience, mental anguish and loss of enjoyment of life; $30,000 for punitive damages; and $20,000 on her claim of breach of contract. The jury found as disclosed in the verdict form the following: (1) Helwig engaged in protected activity; (2 made educational decisions that adversely affected Helwig; (3) her complaints about sexual harassment or retaliation were a motivating factor in ICC's adverse educational decisions; (4 would not have made the same educational decisions even if it had not considered her complaints about sexual harassment or retaliation; (5 caused Helwig lost wages of $100,000 by its unlawful discrimination based on retaliation; (6 caused emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life to Helwig because of ICC's unlawful discrimination based on retaliation; (7 acted with malice or reckless disregard of the rights of Helwig to the amount of $30,000; (8 did not disparage Helwig's reputation or character; (9) there was a contract to provide a business-like professional learning environment between and Helwig; (10 breached its contract with 3 Helwig to provide a business-like professional learning environment; and (11) the damages for breach of that contract are $20,000. 3 After the jury had been dismissed, defendant raised an issue concerning a statutory cap on damages. The issue at that time was whether the court is to consider the number of employees statewide or nationwide pursuant to 5 M.R.S.A. \u00a7 4613(2)(B)(8). The defendant argued that there was no evidence concerning the number of employees nationwide, that it has only 30 employees at its Maine Nursing School, and that the correct reference under 5 M.R.S.A. \u00a7 4613(2)(B)(8) is the number of employees statewide, thus damages should be capped at $50,000. 3 3 Recently, the Law Court interpreted section 4613(2)(B)(8)(e)(iv) and concluded: [T]he Legislature did not intend to distinguish between the number of employees in Maine and the number of employees nationwide; rather, the clear intent of the graduated caps is to 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 3/15 protect smaller employers from large damage judgments that could potentially devastate them. The Legislature clearly intended that the protections of the reach employers who are based in Maine even if they have out-of-state employees as well as employers based elsewhere who have employees in Maine. In its post-trial motion recognized that the cap under section 4613(2) (B)(8) does not apply because it relates to employment discrimination claims; however defendant argued that another cap under section 4613(2)(B) (7) applies to education claims contends that this statutory section imposes a cap of $20,000 on all damages in the first non-employment discrimination claim against a particular defendant. The basis for defendant's post-trial argument is that this is not an employment discrimination case but an educational discrimination case. The court quite agrees that this is an educational discrimination case. The jury evaluated the facts on this basis. 4 Helwig alleged and the jury determined that made adverse educational decisions based on sexual harassment or retaliation, caused Helwig lost wages and pain and suffering, acted with malice or reckless disregard of Helwig's rights, and breached its educational contract with her terminated Helwig from an educational program for nurses that contained both an educational component and a clinical training component. Notwithstanding the clinical training program, this remains an educational discrimination case. The prohibits discrimination in education whether academic, occupational training or other educational program. 5 M.R.S.A. \u00a7 4602. The protects the opportunity to participate in all educational, apprenticeship, and on-the-job training programs without discrimination because of sex. 5 M.R.S.A. \u00a7 4601. Educational opportunities free of discrimination are declared to be a civil right. Id. The further prohibits retaliation and coercion with respect to opposing any discriminatory acts. 5M.R.S.A. \u00a74633. 4 4 5 6 4 It is \"unlawful educational discrimination\" on the basis of sex to \"[e]xclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic, extracurricular, research, occupational training or other program or activity.\" 5 M.R.S.A. \u00a7 4602. 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 4/15 5 The Maine Human Rights Act (MHRA) ensures the right to freedom from discrimination in education by recognizing and declaring as a civil right \" [t]he opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race.\" 5 M.R.S.A. \u00a7 4601. 6 The expressly provides a \"person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Act.\" 5 M.R.S.A. \u00a7 4633(1). Aggrieved persons alleging retaliation under section 4633 may utilize the procedures and obtain the remedies contained in sections 4611 to 4614 and 4621 to 4623. 5 M.R.S.A. \u00a7 4633(3). In any action filed under the MHRA, \"[i]f the court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or 5 remedies for that discrimination. The remedies may include, but are not limited to . .. (1) an order to cease and desist... (7) civil penal damages ...\" 5 M.R.S.A. \u00a74613(2)(B) (emphasis supplied). Thus, the provides a list of remedies but does not limit remedies to those contained in the statutory list and directs the court to utilize appropriate remedies. Id. The only limitation on remedies is \"an appropriate remedy\" and a cap on the amount of civil penal damages. The further authorizes to the prevailing party reasonable attorneys' fees and costs. 5 M.R.S.A. \u00a7 4614. 5 7 8 7 The full text of subsection (7) is: An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or if the commission brings an action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 5/15 subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph. 8 Although required, exhaustion of administrative remedies is not an issue in this case. See 5 M.R.S.A. \u00a7 4621. There has been little case law interpreting the Maine Human Rights Act in an educational context. \"It is appropriate to look to analogous federal case law for guidance in the interpretation of the Maine Human Rights Act (MHRA). See Bowen v. Dep't of Human Servs., 606 A. 2d 1051, 1053 (Me. 1992); Watt v. Unifirst Corporation, 2009 47 \u00b6 22 n. 4, 969 A. 2d 897, 903 n. 4. Thus, Maine courts apply the in accordance with federal anti- discrimination law. Title of the Education Amendment of 1972 \"imposes an obligation on educational institutions receiving federal funds to 6 refrain from denying educational opportunities on the basis of sex.\" Lakshman v. University of Maine System, 328 F. Supp. 2d 92, 115 (D. Me. 2004). 9 6 9 \"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 . . . .\" 20 U.S.C. \u00a7 1681. In Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), the United States Supreme Court unanimously concluded that Title authorized a high school student who had been sexually harassed by a sports coach/teacher to recover damages from the school district. In reaching this conclusion, the Court relied on the presumption that Congress intends to authorize \"all appropriate remedies\" unless it expressly indicates otherwise. 503 U.S. at 66. The Court also concluded that \"Congress did not intend to limit the remedies available in a suit brought under Title IX.\" 503 U.S. at 72. The general rule since Franklin is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief for intentional discrimination. See, e.g., 503 U.S. at 75. Similar conclusions can be reached in interpreting the MHRA, where the Legislature expressly authorizes appropriate remedies and states that it does not intend to limit the type of remedy or remedies that may be 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 6/15 awarded, even though the Legislature listed some remedies that may be considered. See 5 M.R.S.A. \u00a7 4613(2)(B). However, Section 4613, in its broad permissive language, does not resolve what type of monetary damages may be considered. In this regard, the analogy between Title and the demonstrates its limits. Compensatory damages are available for Title actions, but punitive damages are not. Barnes v. Gorman, 536 U.S. 181, 184-87 (2002). In Barnes, the Supreme Court relied on the fact that Title was enacted through the Spending Clause and found that 7 punitive damages were prohibited. Id. The Court reasoned that in exchange for federal funds received, the recipient of the funds agreed to comply with federally imposed conditions. Id. The Court explained that Spending Clause legislation is in the nature of a contract and stated that a \"funding recipient is generally on notice that it is subject not only to those remedies explicitly provided in the relevant legislation, but also to those remedies traditionally available in suits for breach of contract.\" Id. at 187. The Court found that a punitive damages award was inappropriate because \"punitive damages, unlike compensatory damages and injunction, are generally not available for breach of contract.\" Id. Unlike Title IX, the is obviously not a Spending Clause enactment, and therefore, Title case law concerning punitive damages has little application. In fact, the Maine Legislature explicitly allowed civil penal damages in Section 4613(2)(B)(7). 7 10 10 In Barnes, the Supreme Court technically held that punitive damages were not permitted under Title VI, but then noted that Title is interpreted consistent with Title VI. Id. at 185. Further complicating the damages analysis is the unique nature of this case. There are no caps in the education discrimination section of the MHRA, except of course the civil penal damages cap. Additionally, by the plain language of the statute, the caps in the employment discrimination provisions of the do not apply. See 5 M.R.S.A. \u00a7 4613(2)(B)(8). With regard to caps, the evidence adduced at trial included evidence that has a South Portland Campus with 30 employees and ICC's main campus is in Orange 8 California. Additional evidence indicated that also has five additional campuses in other locations in California, including 8 11 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 7/15 Burbank, Riverside, West Covina, Carson and Sacramento, California, and that the South Portland campus is the smallest campus of the system fair inference is that has more than 30 employees at each of its campuses nationwide and more than 200 employees nationwide. Were this an employment discrimination case, which of course it is not, the total damages awarded would not exceed the cap for defendant employers of like size. See 5 M.R.S.A. \u00a7 4613(2)(B)(8)(e)(iii). This provides some indication that the total amount of damages was reasonable and not excessive. 11 The parties dispute whether there are 30 or 50 employees on the Maine campus of ICC. Without a transcript the court cannot resolve this dispute. Suffice it to say that this court finds that has more than 200 employees spread across its 7 campuses. Furthermore introduced no evidence whether this is the first or second order under the directed at this defendant. The cap on civil penal damages is contingent on a showing that this judgment is defendant's first or second violation of the MHRA, in order for the court to apply a cap of $20,000 or $50,000, respectively. 5 M.R.S.A. \u00a7 4613(2)(B)(7). For a third or subsequent violation of the MHRA, the cap remains at $100,000. Id. Contrary to defendant's assertion, the defendant \"bears the burden of establishing the prerequisites for capping the award.\" Hernandez-Miranda v. Empresas Diaz Masso, Inc., 651 F. 3d 167, 175-75 (1st Cir. 2011 has failed to do that. Regardless, the does not set a limit on remedies except to say it should be an appropriate remedy for that discrimination. Because the punitive damages award was $30,000 and well within the maximum for a civil penal damage cap of $100,000, this court denies this portion of the motion seeking to apply a cap of $20,000 on all damages. 9 The jury found intentional discrimination; therefore, a $30,000 civil penal damage award is well within the evidence presented on this issue and acknowledges ICC's violation of the MHRA, and will deter from further violations. This award does not result in excessive relief to Helwig, even when considered in the context of other relief provided. Similarly, the award of lost wages of $100,00 and an award of $150,000 in compensatory damages does not exceed the caps authorized in employment cases. These awards were based 9 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 8/15 on sufficient evidence of lost future earnings and emotional distress as a result of sexual harassment and retaliation. The court will again take up the issue of caps when addressing the issues raised by in its motion for a new trial and/or a judgment notwithstanding the verdict Defendant makes six arguments to support this motion: (1) the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of \"$150,000\" (sic) ; (2) the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes; (3) the court erred in admitting evidence about third parties and their experience with the faculty member David Martin to show notice to the defendant; (4) the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008; (5) plaintiffs counsel improperly inflamed the jury by remarking \"Mr. 10 Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination; and (6) there was no evidence to support a finding by the clear and convincing standard of malice or reckless indifference. Counsel for did not request and submit a transcript of the trial for the court's consideration of these issues. 12 10 12 The lost wages award totaled $100,000. -------- \"The party moving for a new trial must show that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 9/15 been done.\" Harvey, Maine Civil Practice \u00a7 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town ofSearsport, 543 A. 2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding certain evidence, award of damages excessive or manifest error of law. Where claims the evidence is insufficient, the court must view the evidence in the light most favorable to the successful party. See Binette v. Deane, 391 A.2d 811,813 (Me. 1978). In this circumstance, the moving party must show that the \"jury verdict was so manifestly or clearly wrong that it is apparent that the conclusion of the jury was the result of prejudice, bias, passion, or a mistake of law or fact. The verdict must stand unless the record contains no credible evidence to support it.\" Id. Similarly, if the claim is that the jury's award is excessive the movant must show that the jury acted under some bias, prejudice, or improper influence, or has made some mistake of fact or law. Provencher v. Faucher, 2006 59, \| 6, 848 A.2d 404, 406-07. (1) Lost Wages Turning to ICC's first argument that the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of $100,000, the court 11 rejects this argument. First, as the moving party has the burden of producing a record from which the court may review its arguments has failed to do so has also failed to meet its burden of establishing that Helwig did not mitigate her damages. There is evidence that she could not seek nursing-related jobs because she would have to report to future employers that she was terminated from for violating the Professional Code of Conduct. Helwig also testified that her Crohn's disease intensified following her termination from ICC's program, that she is on and can only earn $9 per hour for 7 hours a week as a result of being on SSDI. 11 The is a remedial statute whose intent is to put the plaintiff in the position that she would have been but for the discrimination is a technical school where students take classes and participate in clinical programs. It is Helwig's performance in the clinical component that claims caused it to terminate her education at ICC. Helwig performed very well in the strictly educational component. Being terminated from the program deprived Helwig the opportunity to become a nurse. There was 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 10/15 testimony that students were promised that they would earn in their first year a salary twice their tuition of $25,000. There was also testimony that Helwig would have graduated in February 2009. Instead terminated her educational program and she was not able to work as a nurse earning $50,000 a year. From this evidence, the jury could reasonably have found that she suffered the loss of $100,000 in lost future wages that she would have earned but for her termination from the nursing school program. Finally, an award of lost future earnings is a traditional common-law tort remedy, Williams v. Pharmacia, Inc., 138 F.3d 944, 952 (7th Cir. 1998), and need not be 12 specifically authorized in order to be awarded under the MHRA. See 5 M.R.S.A. \u00a74613(2)(B). (2) Helwig's Note Dated October 16, 2008 12 argues that the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes is quite accurate that the court excluded this note, but this was done after the court having found that violated the discovery rules and had even sanctioned for their failure to comply with discovery. The note dated October 16, 2008 was not a note that Helwig had kept in her records and was produced for the first time during the trial. It was well within the court's discretion to exclude this document even if it could have been used for impeachment purposes. (3) Third Party Testimony Concerning David Martin contends that the court erred in admitting evidence about third parties and their experience with the faculty member David Martin in order to show notice to the defendant. Helwig alleged that it was David Martin who had sexually harassed her and because of her complaints about this decided to retaliate against her and terminate her from the program. The court permitted testimony from Roseanne Lynch and Lisa Green about their experiences with David Martin. Their testimony about Martin's harassment went to motive and whether was aware that sexual harassment was occurring. 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 11/15 ICC's defense was that they had just cause to terminate Helwig. Their testimony at trial however was that they did not believe Helwig and did nothing when she 13 complained about David Martin. They did not investigate her claims, concluded there was nothing to her claims and believed David Martin over Helwig. Because they could not corroborate Helwig's allegations, they did nothing. They knew there were sexual harassment allegations from at least two students, but they saw no reason to doubt Martin's credibility. According to Helwig, when she asked Brody whether was doing anything about David Martin, Brody told her \"to get over it.\" Similarly, Lynch testified that she complained to Brody about Martin's harassment cornering her and another student in the shower and also complained about Martin's sexual comments. Brody's response was that she was a \"troublemaker\" and to \"suck it up.\" Lynch's testimony, along with that of Green, was properly admitted on the issue of ICC's notice and knowledge of allegations against Martin. (4) Sexual Harassment and Retaliation under the 13 argues that the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008. ICC's claim that the does not authorize a claim for sexual harassment and retaliation is without any merit. The prohibits sexual discrimination in both employment and education. 5 M.R.S.A. \u00a7\u00a7 4571, 4601. Sexual harassment is a form of discrimination based on sex. See, e.g., Watt v. UniFirst Corp., 2009 47, \u00b6 22, 969 A. 2d 897, 902-03. Furthermore, the prohibits retaliation against an individual \"because that individual has opposed any act or practice that is unlawful under this Act.\" 5 M.R.S.A. \u00a7 4633. 14 14 There was evidence from which the jury could reasonably infer that the decision to terminate Helwig was because of her earlier complaints against Martin and ICC's failure to investigate the claims. Moreover, the decision to terminate did not occur until after Helwig told Brody she would not meet 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 12/15 with Brody without her attorney present and after received a copy of Helwig's complaint. (5) ICC's Counsel next claims that plaintiffs counsel improperly inflamed the jury by remarking \"Mr. Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination. Without a transcript, the court cannot determine the context in which plaintiffs counsel might have referred to ICC's counsel being from California. However, there was substantial evidence that throughout the process, Brody and Michaud passed information along to the president of and ICC's attorney in California for their review and advice. There was also evidence presented that they consulted with their attorney Neil Evans, Esquire. There was further testimony that Helwig's appeal was forwarded to counsel in California and that Neil Evans responded in late 2008 advising Helwig that her letter of appeal was under review and that he would get back to her. No response was ever forthcoming. (6) Reckless Indifference Finally claims there was no evidence to support a finding of malice or reckless indifference by the clear and convincing standard. Again, without a transcript the court cannot fully respond to this allegation. However, the jury found that acted with malice or reckless disregard of the rights of Helwig. There is the evidence discussed 15 above, which more than supports a finding of reckless disregard when did not take seriously Helwig's or the other students allegations against Martin, saw no reason to disbelieve Martin and conduct an investigation, and then advised Helwig to get over it. This evidence alone is sufficient for a reasonable jury to find that acted with reckless disregard. 15 In short, this court concludes that has failed to meet its burden of showing that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done. It is hereby ORDERED: The motion regarding caps on damages and the motion for a new trial and/or to reduce or modify the verdict or judgment and for judgment notwithstanding the verdict are DENIED. 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 13/15 _______________ Joyce A. Wheeler, Justice Plaintiff-Guy Loranger Esq. Defendant-Visiting Attorney Neil Evans Esq. (CA) Local Counsel-Jen-Peter Bergen, Esq. Russell v. Express Jet Airlines, Inc., 2011 123, \| 16, 32 A.3d 1030. For purposes of this case, the court applies any nationwide figure that may apply. 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 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 14/15 Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 7:32 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 15/15", "7386_103.pdf": "CUMBERLAND, ss v. c NO. CV-09-225 This matter is before the court on post-trial motions filed after a jury verdict finding that InterCoast Career Institute (ICC) discriminated against Aimee Helwig (Helwig) in an educational career program in nursing. The following motions are pending: plaintiff's post-trial brief1 regarding burden of proof with respect to a cap on damages; defendant's brief regarding a cap on the damages awarded under the retaliation claim; and defendant's motion for a new trial and/or to reduce or modify verdict or judgment and for judgment not withstanding the verdict. The court will address these motions ad seriatim This is an educational discrimination case2 in which Helwig was a nursing student at ICC, which has a campus in South Portland, Maine. Helwig alleged in her complaint that a faculty member sexually harassed her and then retaliated against her when she 1 The court treats the plaintiff's post-trial brief and the defendant's brief as motions raising the issues contained therein respectively. 2 Although did not timely object to Plaintiffs characterization at times of her claims as employment discrimination claims, the court, as the jury did, analyzes this case as one for educational discrimination. ~/ complained about the harassment, culminating in her termination from for allegedly violating the InterCoast Practical Nursing Code of Professional Conduct. Helwig alleged in her complaint a number of counts, but she proceeded at trial on the claims of retaliation, slander and breach of contract. She sought damages, including general and noneconomic damages, economic damages, lost wages, punitive damages and attorney's fees denied each of Helwig's claims and countered that terminated her as a student for cause further alleged that Helwig failed to mitigate her damages. At trial, the jury awarded Helwig the following: $100,000 in lost wages on her claim for retaliation; $150,000 on her claim for emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life; $30,000 for punitive damages; and $20,000 on her claim of breach of contract. The jury found as disclosed in the verdict form the following: (1) Helwig engaged in protected activity; (2 made educational decisions that adversely affected Helwig; (3) her complaints about sexual harassment or retaliation were a motivating factor in ICC's adverse educational decisions; (4 would not have made the same educational decisions even if it had not considered her complaints about sexual harassment or retaliation; (5 caused Helwig lost wages of$100,000 by its unlawful discrimination based on retaliation; (6 caused emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life to Helwig because ofiCC's unlawful discrimination based on retaliation; (7 acted with malice or reckless disregard of the rights ofHelwig to the amount of$30,000; (8 did not disparage Helwig's reputation or character; (9) there was a contract to provide a business-like professional learning environment between and Helwig; (10 breached its contract with 2 Helwig to provide a business-like professional learning environment; and (11) the damages for breach of that contract are $20,000 After the jury had been dismissed, defendant raised an issue concerning a statutory cap on damages. The issue at that time was whether the court is to consider the number of employees statewide or nationwide pursuant to 5 M.R.S.A. \u00a7 4613(2)(B)(8).3 The defendant argued that there was no evidence concerning the number of employees nationwide, that it has only 30 employees at its Maine Nursing School, and that the correct reference under 5 M.R.S.A. \u00a7 4613(2)(B)(8) is the number of employees statewide, thus damages should be capped at $50,000. In its post-trial motion recognized that the cap under section 4613(2)(B)(8) does not apply because it relates to employment discrimination claims; however defendant argued that another cap under section 4613(2)(B)(7) applies to education claims contends that this statutory section imposes a cap of $20,000 on all damages in the first non-employment discrimination claim against a particular defendant. The basis for defendant's post-trial argument is that this is not an employment discrimination case but an educational discrimination case. The court quite agrees that this is an educational discrimination case. The jury evaluated the facts on this basis. 3 Recently, the Law Court interpreted section 4613(2)(B)(8)(e)(iv) and concluded: [T]he Legislature did not intend to distinguish between the number of employees in Maine and the number of employees nationwide; rather, the clear intent of the graduated caps is to protect smaller employers from large damage judgments that could potentially devastate them. The Legislature clearly intended that the protections of the reach employers who are based in Maine even if they have out-of-state employees as well as employers based elsewhere who have employees in Maine. Russell v. ExpressJet Airlines, Inc., 2011 123, ~ 16, 32 A.3d 1030. For purposes ofthis case, the court applies any nationwide figure that may apply. 3 Helwig alleged and the jury determined that made adverse educational decisions based on sexual harassment or retaliation, caused Helwig lost wages and pain and suffering, acted with malice or reckless disregard of Helwig's rights, and breached its educational contract with her terminated Helwig from an educational program for nurses that contained both an educational component and a clinical training component. Notwithstanding the clinical training program, this remains an educational discrimination case. The prohibits discrimination in education whether academic, occupational training or other educational program. 5 M.R.S.A. \u00a7 4602.4 The protects the opportunity to participate in all educational, apprenticeship, and on-the-job training programs without discrimination because of sex. 5 M.R.S.A. \u00a7 4601.5 Educational opportunities free of discrimination are declared to be a civil right. !d. The further prohibits retaliation and coercion with respect to opposing any discriminatory acts. 5 M.R.S.A. \u00a7 4633.6 Aggrieved persons alleging retaliation under section 4633 may utilize the procedures and obtain the remedies contained in sections 4611 to 4614 and 4621 to 4623. 5 M.R.S.A. \u00a7 4633(3). In any action filed under the MHRA, \"[i]fthe court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or 4 It is \"unlawful educational discrimination\" on the basis of sex to \"[ e ]xclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic, extracurricular, research, occupational training or other program or activity.\" 5 M.R.S.A. \u00a7 4602. . 5 The Maine Human Rights Act (MHRA) ensures the right to freedom from discrimination in education by recognizing and declaring as a civil right \"[t]he opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race.\" 5 M.R.S.A. \u00a7 4601. 6 The expressly provides a \"person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Act.\" 5 M.R.S.A. \u00a7 4633(1 ). 4 remedies for that discrimination. The remedies may include, but are not limited to ... (1) an order to cease and desist ... (7) civil penal damages ... \" 5 M.R.S.A. \u00a74613(2)(B) (emphasis supplied).7 Thus, the provides a list of remedies but does not limit remedies to those contained in the statutory list and directs the court to utilize appropriate remedies. !d. The only limitation on remedies is \"an appropriate remedy\" and a cap on the amount of civil penal damages. 8 The further authorizes to the prevailing party reasonable attorneys' fees and costs. 5 M.R.S.A. \u00a7 4614. There has been little case law interpreting the Maine Human Rights Act in an educational context. \"It is appropriate to look to analogous federal case law for guidance in the interpretation of the Maine Human Rights Act (MHRA). See Bowen v. Dep 't of Human Servs., 606 A. 2d 1051, 1053 (Me. 1992); Watt v. Unifirst Corporation, 2009 47 ~ 22 n. 4, 969 A. 2d 897, 903 n. 4. Thus, Maine courts apply the in accordance with federal anti-discrimination law. Title of the Education Amendment of 19729 \"imposes an obligation on educational institutions receiving federal funds to 7 The full text of subsection (7) is: An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or if the commission brings an action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph. 8 Although required, exhaustion of administrative remedies is not an issue in this case. See 5 M.R.S.A. \u00a7 4621. 9 \"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 .... \" 20 U.S.C. \u00a7 1681. 5 refrain from denying educational opportunities on the basis of sex.\" Lakshman v. University of Maine System, 328 F. Supp. 2d 92, 115 (D. Me. 2004). In Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), the United States Supreme Court unanimously concluded that Title authorized a high school student who had been sexually harassed by a sports coach/teacher to recover damages from the school district. In reaching this conclusion, the Court relied on the presumption that Congress intends to authorize \"all appropriate remedies\" unless it expressly indicates otherwise. 503 U.S. at 66. The Court also concluded that \"Congress did not intend to limit the remedies available in a suit brought under Title IX.\" 503 U.S. at 72. The general rule since Franklin is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief for intentional discrimination. See, e.g., 503 U.S. at 75. Similar conclusions can be reached in interpreting the MHRA, where the Legislature expressly authorizes appropriate remedies and states that it does not intend to limit the type of remedy or remedies that may be awarded, even though the Legislature listed some remedies that may be considered. See 5 M.R.S.A. \u00a7 4613(2)(B). However, Section 4613, in its broad permissive language, does not resolve what type of monetary damages may be considered. In this regard, the analogy between Title and the demonstrates its limits. Compensatory damages are available for Title actions, but punitive damages are not. Barnes v. Gorman, 536 U.S. 181, 184-87 (2002). In Barnes, the Supreme Court relied on the fact that Title was enacted through the Spending Clause and found that 6 punitive damages were prohibited. 10 !d. The Court reasoned that in exchange for federal funds received, the recipient of the funds agreed to comply with federally imposed conditions. !d. The Court explained that Spending Clause legislation is in the nature of a contract and stated that a \"funding recipient is generally on notice that it is subject not only to those remedies explicitly provided in the relevant legislation, but also to those remedies traditionally available in suits for breach of contract.\" !d. at 187. The Court found that a punitive damages award was inappropriate because \"punitive damages, unlike compensatory damages and injunction, are generally not available for breach of contract.\" !d. Unlike Title IX, the is obviously not a Spending Clause enactment, and therefore, Title case law concerning punitive damages has little application. In fact, the Maine Legislature explicitly allowed civil penal damages in Section 4613(2)(B)(7). Further complicating the damages analysis is the unique nature of this case. There are no caps in the education discrimination section of the MHRA, except of course the civil penal damages cap. Additionally, by the plain language of the statute, the caps in the employment discrimination provisions of the do not apply. See 5 M.R.S.A. \u00a7 4613(2)(B)(8). With regard to caps, the evidence adduced at trial included evidence that has a South Portland Campus with 30 employees and ICC's main campus is in Orange, 10 In Barnes, the Supreme Court technically held that punitive damages were not permitted under Title VI, but then noted that Title is interpreted consistent with Title VI. !d. at 185. 7 California. 11 Additional evidence indicated that also has five additional campuses in other locations in California, including Burbank, Riverside, West Covina, Carson and Sacramento, California, and that the South Portland campus is the smallest campus of the system fair inference is that has more than 30 employees at each of its campuses nationwide and more than 200 employees nationwide. Were this an employment discrimination case, which of course it is not, the total damages awarded would not exceed the cap for defendant employers of like size. See 5 M.R.S.A. \u00a7 4613(2)(B)(8)(e)(iii). This provides some indication that the total amount of damages was reasonable and not excessive. Furthermore introduced no evidence whether this is the first or second order under the directed at this defendant. The cap on civil penal damages is contingent on a showing that this judgment is defendant's first or second violation of the MHRA, in order for the court to apply a cap of $20,000 or $50,000, respectively. 5 M.R.S.A. \u00a7 4613(2)(B)(7). For a third or subsequent violation of the MHRA, the cap remains at $100,000. Id Contrary to defendant's assertion, the defendant \"bears the burden of establishing the prerequisites for capping the award.\" Hernandez-Miranda v. Empresas Diaz Masso, Inc., 651 F. 3d 167, 175-75 (1 51 Cir. 2011 has failed to do that. Regardless, the does not set a limit on remedies except to say it should be an appropriate remedy for that discrimination. Because the punitive damages award was $30,000 and well within the maximum for a civil penal damage cap of$100,000, this court denies this portion ofthe motion seeking to apply a cap of$20,000 on all damages. 11 The parties dispute whether there are 30 or 50 employees on the Maine campus ofiCC. Without a transcript the court cannot resolve this dispute. Suffice it to say that this court finds that has more than 200 employees spread across its 7 campuses. 8 The jury found intentional discrimination; therefore, a $30,000 civil penal damage award is well within the evidence presented on this issue and acknowledges ICC's violation of the MHRA, and will deter from further violations. This award does not result in excessive relief to Helwig, even when considered in the context of other relief provided. Similarly, the award of lost wages of$100,00 and an award of$150,000 in compensatory damages does not exceed the caps authorized in employment cases. These awards were based on sufficient evidence of lost future earnings and emotional distress as a result of sexual harassment and retaliation. The court will again take up the issue of caps when addressing the issues raised by in its motion for a new trial and/or a judgment notwithstanding the verdict nJDGMENT nJDGMENT Defendant makes six arguments to support this motion: (1) the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of\"$150,000\" (sic)12; (2) the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes; (3) the court erred in admitting evidence about third parties and their experience with the faculty member David Martin to show notice to the defendant; (4) the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008; (5) plaintiff's counsel improperly inflamed the jury by remarking \"Mr. 12 The lost wages award totaled $100,000. 9 Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination; and ( 6) there was no evidence to support a finding by the clear and convincing standard of malice or reckless indifference. Counsel for did not request and submit a transcript ofthe trial for the court's consideration of these issues. \"The party moving for a new trial must show that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done.\" Harvey, Maine Civil Practice\u00a7 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town ofSearsport, 543 A. 2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding certain evidence, award of damages excessive or manifest error of law. Where claims the evidence is insufficient, the court must view the evidence in the light most favorable to the successful party. See Binette v. Deane, 391 A.2d 811, 813 (Me. 1978). In this circumstance, the moving party must show that the \"jury verdict was so manifestly or clearly wrong that it is apparent that the conclusion of the jury was the result of prejudice, bias, passion, or a mistake of law or fact. The verdict must stand unless the record contains no credible evidence to support it.\" Id Similarly, if the claim is that the jury's award is excessive the movant must show that the jury acted under some bias, prejudice, or improper influence, or has made some mistake of fact or law. Provencher v. Faucher, 2006 59,~ 6, 848 A.2d 404, 406-07. (1) Lost Wages Turning to ICC's first argument that the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of $100,000, the court 10 rejects this argument. First, as the moving party has the burden of producing a record from which the court may review its arguments has failed to do so has also failed to meet its burden of establishing that Helwig did not mitigate her damages. There is evidence that she could not seek nursing-related jobs because she would have to report to future employers that she was terminated from for violating the Professional Code of Conduct. Helwig also testified that her Crohn' s disease intensified following her termination from ICC's program, that she is on and can only earn $9 per hour for 7 hours a week as a result of being on SSDI. The is a remedial statute whose intent is to put the plaintiff in the position that she would have been but for the discrimination is a technical school where students take classes and participate in clinical programs. It is Helwig's performance in the clinical component that claims caused it to terminate her education at ICC. Helwig performed very well in the strictly educational component. Being terminated from the program deprived Helwig the opportunity to become a nurse. There was testimony that students were promised that they would earn in their first year a salary twice their tuition of $25,000. There was also testimony that Helwig would have graduated in February 2009. Instead terminated her educational program and she was not able to work as a nurse earning $50,000 a year. From this evidence, the jury could reasonably have found that she suffered the loss of $100,000 in lost future wages that she would have earned but for her termination from the nursing school program. Finally, an award of lost future earnings is a traditional common-law tort remedy, Williams v. Pharmacia, Inc., 138 F.3d 944, 952 (7th Cir. 1998), and need not be 11 specifically authorized in order to be awarded under the MHRA. See 5 M.R.S.A. \u00a7 4613(2)(B). (2) Helwig's Note Dated October 16,2008 argues that the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes is quite accurate that the court excluded this note, but this was done after the court having found that violated the discovery rules and had even sanctioned for their failure to comply with discovery. The note dated October 16, 2008 was not a note that Helwig had kept in her records and was produced for the first time during the trial. It was well within the court's discretion to exclude this document even if it could have been used for impeachment purposes. (3) Third Party Testimony Concerning David Martin contends that the court erred in admitting evidence about third parties and their experience with the faculty member David Martin in order to show notice to the defendant. Helwig alleged that it was David Martin who had sexually harassed her and because of her complaints about this decided to retaliate against her and terminate her from the program. The court permitted testimony from Roseanne Lynch and Lisa Green about their experiences with David Martin. Their testimony about Martin's harassment went to motive and whether was aware that sexual harassment was occurring. ICC's defense was that they had just cause to terminate Helwig. Their testimony at trial however was that they did not believe Helwig and did nothing when she 12 complained about David Martin. They did not investigate her claims, concluded there was nothing to her claims and believed David Martin over Helwig. Because they could not corroborate Helwig's allegations, they did nothing. They knew there were sexual harassment allegations from at least two students, but they saw no reason to doubt Martin's credibility. According to Helwig, when she asked Brody whether was doing anything about David Martin, Brody told her \"to get over it.\" Similarly, Lynch testified that she complained to Brody about Martin's harassment cornering her and another student in the shower and also complained about Martin's sexual comments. Brody's response was that she was a \"troublemaker\" and to \"suck it up.\" Lynch's testimony, along with that of Green, was properly admitted on the issue ofiCC's notice and knowledge of allegations against Martin. ( 4) Sexual Harassment and Retaliation under the argues that the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008. ICC's claim that the does not authorize a claim for sexual harassment and retaliation is without any merit. The prohibits sexual discrimination in both employment and education. 5 M.R.S.A. \u00a7\u00a7 4571, 4601. Sexual harassment is a form of discrimination based on sex. See, e.g., Watt v. UniFirst Corp., 2009 47, ~ 22, 969 A. 2d 897, 902-03. Furthermore, the prohibits retaliation against an individual \"because that individual has opposed any act or practice that is unlawful under this Act.\" 5 M.R.S.A. \u00a7 4633. 13 There was evidence from which the jury could reasonably infer that the decision to terminate Helwig was because of her earlier complaints against Martin and ICC's failure to investigate the claims. Moreover, the decision to terminate did not occur until after Helwig told Brody she would not meet with Brody without her attorney present and after received a copy of Helwig's complaint. (5) ICC's Counsel next claims that plaintiffs counsel improperly inflamed the jury by remarking \"Mr. Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination. Without a transcript, the court cannot determine the context in which plaintiff's counsel might have referred to ICC's counsel being from California. However, there was substantial evidence that throughout the process, Brody and Michaud passed information along to the president ofiCC and ICC's attorney in California for their review and advice. There was also evidence presented that they consulted with their attorney Neil Evans, Esquire. There was further testimony that Helwig's appeal was forwarded to counsel in California and that Neil Evans responded in late 2008 advising Helwig that her letter of appeal was under review and that he would get back to her. No response was ever forthcoming. ( 6) Reckless Indifference Finally claims there was no evidence to support a finding of malice or reckless indifference by the clear and convincing standard. Again, without a transcript the court cannot fully respond to this allegation. However, the jury found that acted with malice or reckless disregard of the rights of Helwig. There is the evidence discussed 14 above, which more than supports a finding of reckless disregard when did not take seriously Helwig's or the other students allegations against Martin, saw no reason to disbelieve Martin and conduct an investigation, and then advised Helwig to get over it. This evidence alone is sufficient for a reasonable jury to find that acted with reckless disregard. In short, this court concludes that has failed to meet its burden of showing that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done. It is hereby ORDERED: The motion regarding caps on damages and the motion for a new trial and/or to reduce or modify the verdict or judgment and for judgment notwithstanding the verdict are DENIED. Date: February 9, 2012 e . Wheeler, Justice Plaintiff-Guy Loranger Esq. ( Defendant-Visiting Attorney Neil Evans Esq. (CA) Local Counsel-Jen-Peter Bergen, Esq. 15 CUMBERLAND, ss HELWIG, Plaintiff v INSTITUTE, Defendant NO. CV-09-225 Jf/w- cu~N- y/t This matter is before the Court on plaintiffs request for attorney's fees and litigation expenses following a successful jury trial in June 2011. Background Plaintiff filed her complaint against Intercoast in April 2009. In 201 0, Ms. Helwig filed for Chapter 7 Bankruptcy. The trustee of her estate, John C. Turner, retained Ms. Helwig's attorney, Guy Loranger, to continue the litigation in this case. On June 30, 2011, the following Judgment was entered in favor of the Plaintiff: On the claim for retaliation: $100,000.00 On the claim for emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment oflife: $150,000.00 On the claim for punitive damages: $30,000.00 On the claim for breach of contract: $20,000.00 All with pre-judgment interest at the rate of 3.40% and post-judgment interest at the rate of 6.30%, with costs Defendant appealed the judgment, which was affirmed by the Law Court on January 29, 2013. Helwig v. Intercoast Career Institute, Mem. 13-5 (Jan. 29, 2013). On March 15, 2013, the plaintiff filed an application for attorney fees and costs. Discussion General Calculation: The Lodestar The Maine Human Rights Act allows a prevailing party to collect reasonable costs and attorney fees, provided the plaintiff first filed with the Maine Human Rights Commission. 5 M.R.S.A. \u00a7\u00a7 4614, 4622 (2012). In her complaint, the plaintiff indicated that she filed with the commission and was issued a right to sue letter. (Compl. ,-r 19.) The court therefore has discretion to award plaintiff, as the prevailing party, attorney fees and costs in this case. The Law Court will review the Superior Court's calculation of a reasonable fee only for abuse of discretion. Poussard v. Commercial Credit Plan Inc. of Lewiston, 479 A.2d at 884 (Me. 1984). In determining an attorney fee award, courts usually employ the lodestar calculation, which \"is the product ofthe number of hours appropriately worked times a reasonable hourly rate or rates.\" Hutchison ex. rei. Julien v. Patrick, 636 F.3d 1, 13 (1st Cir. 2011). The court should subtract hours that are excessive or unnecessary from the calculation. Lipsett v. Blanco, 975 F.2d 934, 937 (1st Cir. 1992). In Mancini v. Scott, the Law Court laid out the factors to guide a trial court's calculation of a reasonable fee: (1) the time and labor required; (2) the novelty and difficulty of the questions presented; (3) the skill required to perform the legal services; ( 4) the preclusion of other employment by the attorneys due to acceptance of the case; (5) the customary fee in the community; ( 6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation and ability of the attorneys; (10) the undesirability ofthe case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases. Mancini v. Scott, 2000 19, ,-r 10, 7 44 A.2d 1057 (quoting Poussard v. Commercial Credit Plan Inc. of Lewiston, 479 A.2d 881, 884 (Me. 1984). 2 This lodestar figure \"may be adjusted up or down to reflect Plaintiff's degree of success in the litigation.\" Chaloult v. Interstate Brands Corp., 296 F. Supp.2d 2, 4 (D. Me. 2004). In Chaloult, for example, the court adjusted the fee calculation down because the attorney only received nominal damages and not compensatory damages for the client. Id. Gross Judgment vs. Gross Amount Collected Defendant argues that plaintiff's recovery is limited by the bankruptcy court order approving the trustee's application to retain Mr. Loranger. Defendant contends that Mr. Loranger cannot collect more than 33 1/3% of the judgment entered pursuant to the bankruptcy order. Plaintiff points out that the bankruptcy order references the trustee's application, which states: Guy D. Loranger ofNichols, Webb & Loranger, PA, has indicated he would continue the litigation and negotiations under the same Contingent Fee Agreement he signed with the debtor on or about September 30, 2008, more specifically that Attorney Loranger would receive 33 1/3% of the gross amount collected. (Def. 's Exhibit A). Plaintiff argues that the \"gross amount collected\" includes the judgment as well as reasonable costs and attorney's fees. In Blanchard v. Bergeron, the U.S. Supreme Court, in construing the statute authorizing awards of attorney fees in federal civil rights cases, found that a contingency fee agreement may aid in determining the reasonableness of the attorney's fees award, however, \"a contingent-fee contract does not impose an automatic ceiling on an award of attorney's fees.\" Blanchardv. Bergeron, 489 U.S. 87,93 (1989). In Venegas v. Mitchell, the Supreme Court further clarified the relationship between an attorney's fee award and a contingent fee agreement: 3 In sum, \u00a7 1988 controls what the defendant must pay, not what the prevailing party must pay his lawyer. What a plaintiff may be bound to pay and what an attorney is free to collect under a fee agreement are not necessarily measured by the \"reasonable attorney's fee\" that a defendant must pay pursuant to a court order. Section 1988 itself does not interfere with the enforceability of a contingent-fee contract. Venegas v. Mitchell, 495 U.S. 82, 90 (1990). Thus, at least under federal law, the existence of a contingency fee arrangement between the plaintiff and his attorney does not limit recovery of attorney's fees. Defendant's argument that the plaintiff is not entitled to seek attorney's fees is not persuasive. Not only does the agreement referenced in the bankruptcy order state \"gross amount collected\" rather than gross judgment as the defendant contends, it is the party and not the attorney who is entitled to the attorney's fees award. Venegas, 495 U.S. at 87- 88. Thus, it is Mr. Loranger's client (or the bankrupt's estate) and not Mr. Loranger who is entitled to the fees, if any, in this case. Mr. Loranger's contingent fee agreement with his client does not preclude the Court from awarding reasonable attorney's fees based on a lodestar calculation. Multiplier In very rare cases of exceptional success, the court may award an enhancement to the lodestar figure. See Blum v. Stenson, 465 U.S. 886, 897 (1984) (\"[A]n enhanced award may be justified 'in some cases of exceptional success.'\") (quoting Hensley v. Eckerhart, 461 U.S. 424, 335 (1983). In Perdue v. Kenny A. ex rel. Winn, the Supreme Court explained that the novelty of the issues presented in the case and the quality of the attorney's performance should generally not be used to adjust the lodestar figure because these factors are usually reflected in the calculation ofthe reasonable rate itself. Perdue v. Kenny A. ex ref Winn, 559 U.S. 542, 553 (2010). There is a strong presumption that the 4 lodestar figure is correct and a fee applicant must point to \"specific evidence\" to support enhancement ofthe award.Jd at 552-53. Mr. Loranger points to the outstanding results obtained in this case to justify a multiplier. He states that this is the largest ever jury award in an employment discrimination case in Maine and that it is very rare for a jury to award punitive damages. Mr. Loranger also argues that this case was undesirable because the defendant did not offer to settle the case for any reasonable amount and that plaintiff had spoken with other attorneys who did not accept her case. In addition, he points to the novelty and complexity of the issues related to the educational setting ofthe case. This case may fall under the very narrow exception to the general rule that the lodestar figure is the correct award. Mr. Loranger is asking for a 1.75 multiplier1 of the attorney's fees award 1.75 multiplier seems to be at the upper end of what has been awarded in civil rights cases. See Barnes v. City of Cincinnati, 401 F.3d 729, 746 n.4 (6th Cir. 2005) (\"[D]istrict courts should recognize that this figure, (1. 75), is near the upper end of what we consider 'reasonable.'\"). Conclusion Mr. Loranger's fee request at $300/hour for 326.60 hours is reasonable am not convinced of the need for a multiplier in this case, especially since Mr. Loranger is going to receive 113 of the total amount collected (the judgment plus the attorney's fees award). Federal case law from the Supreme Court and the First Circuit indicates that a multiplier is almost never appropriate because most of the factors warranting an increase in the fee 1 In his brief, Mr. Loranger asks for a multiplier of 1. 75%. Based on his calculations, however, it is clear that he is asking the court to multiply the attorney's fees award by 1.75 and not to increase it by 1.75%. 5 are already taken into account during the initial calculation of the reasonable fee. Although this case was a great success for the plaintiff and the case may in fact have been very undesirable from the outset nevertheless find that the basic hourly rate is a fair and reasonable fee without a multiplier. The entry is: 1. Intercoast is Ordered to pay Plaintiff the following litigation expenses and attorney's fees within 30 days of this order: Attorney's Fees Expenses TOTAL: $ $ $ 97,980 6,239.42 104,219.42 2. Plaintiffs counsel is entitled to 331/3 % of the gross amount collected, including the judgment entered on June 30, 2011 and attorney's fees and expenses awarded in this Order of today. ~A. Wheeler Justice, Superior Court Plaintiff Helwig-Guy Loranger Esq Defendant Intercoast-Visiting Attorney 1 Nei Evans Esq (CA) 6"}
8,272	David Martin	InterCoast Career Institute	[ "8272_101.pdf", "8272_102.pdf", "8272_103.pdf" ]	{"8272_101.pdf": "Standish nursing student awarded $300,000 in suit She says she was expelled for accusing her instructor of sexual harassment. Posted July 16, 2011 nursing student from Standish has won a $300,000 award from a jury in a lawsuit she filed against a nursing school that expelled her from its program in 2008 \u2014 after she complained repeatedly of sexual harassment by one of its male instructors. The InterCoast Career Institute, a California-based school that operated a nursing program in South Portland, dismissed Aimee Helwig in October 2008, after about nine months of study, for violating the \u201cInterCoast Practical Nursing Code of Conduct.\u201d In a complaint filed in Cumberland County Superior Court, Helwig contended that she had not violated the code and that the school expelled and discriminated against her because she had accused her instructor, David Martin, of sexual harassment. The school expelled Helwig about a week after it was notified that she had filed a complaint about Martin and the school with the Maine Human Rights Commission. Join us for a live conversation with Maine based painter, printmaker, sculptor and public artist Charlie Hewitt moderated by Sun Journal Executive Editor Judy Meyer. Doors open at 6:30 p.m Staff Writer 2/22/25, 7:33 Standish nursing student awarded $300,000 in suit 1/3 Helwig sued the school for maintaining a hostile work environment, thereby breaching the tuition contract, and for retaliating against her with libelous statements and unwarranted expulsion after she filed the human rights complaint. The civil court jury last week awarded her $100,000 on the claim for retaliation, $150,000 for the inconvenience and emotional distress caused, $30,000 for punitive damages and $20,000 in tuition reimbursement for the breach of contract. Helwig could not be reached for comment Friday. According to court documents, Martin continually asked Helwig invasive questions, touched her inappropriately and made suggestive remarks. When she rebuked him, he began giving her low grades and unflattering write-ups. The school did not remove the poor marks and evaluations from Helwig\u2019s record despite Helwig\u2019s reports to the school about Martin\u2019s behavior, the lawsuit contends. Other students in Helwig\u2019s class reported harassment. Lisa Green wrote on a teacher evaluation that Martin had made comments about her and another student, saying \u201cWhy don\u2019t you sit on her lap?\u201d and want you two making out by the end of the day,\u201d according to court records. Helwig claimed that the school did not take sufficient action against Martin and that he continued to act aggressively toward her. The school dismissed Martin in August 2008 on the grounds that it no longer had a position for him, court records show. However, Martin still worked at the same clinical facility as Helwig during the fall. The school later transferred Helwig to a different location, after which Martin began making critical public statements about her, according to court records 2/22/25, 7:33 Standish nursing student awarded $300,000 in suit 2/3 \u00a9 2025 \| All Rights Reserved \| Press Herald School officials declined to comment Friday on the jury\u2019s award to Helwig. Staff Writer Sophie Gould can be contacted at 791-6354 or at: [email protected] Copy the Story Link 2/22/25, 7:33 Standish nursing student awarded $300,000 in suit 3/3", "8272_102.pdf": "From Casetext: Smarter Legal Research Helwig v. InterCoast Career Inst Feb 9, 2012 NO. CV-09-225 (Me. Feb. 9, 2012) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free NO. CV-09-225 02-09-2012 v Joyce A. Wheeler, Justice Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 1/15 This matter is before the court on post-trial motions filed after a jury verdict finding that InterCoast Career Institute (ICC) discriminated against Aimee Helwig (Helwig) in an educational career program in nursing. The following motions are pending: plaintiffs post-trial brief regarding burden of proof with respect to a cap on damages; defendant's brief regarding a cap on the damages awarded under the retaliation claim; and defendant's motion for a new trial and/or to reduce or modify verdict or judgment and for judgment not withstanding the verdict. The court will address these motions ad seriatim. 1 1 The court treats the plaintiffs post-trial brief and the defendant's brief as motions raising the issues contained therein respectively This is an educational discrimination case in which Helwig was a nursing student at ICC, which has a campus in South Portland, Maine. Helwig alleged in her complaint that a faculty member sexually harassed her and then retaliated against her when she 2 complained about the harassment, culminating in her termination from for allegedly violating the InterCoast Practical Nursing Code of Professional Conduct. Helwig alleged in her complaint a number of counts, but she proceeded at trial on the claims of retaliation, slander and breach of contract. She sought damages, including general and noneconomic damages, economic damages, lost wages, punitive damages and attorney's fees denied each of Helwig's claims and countered that terminated her as a student for cause further alleged that Helwig failed to mitigate her damages. 2 2 2 Although did not timely object to Plaintiffs characterization at times of her claims as employment discrimination claims, the court, as the jury did, analyzes this case as one for educational discrimination. At trial, the jury awarded Helwig the following: $100,000 in lost wages on her claim for retaliation; $150,000 on her claim for emotional pain, 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 2/15 suffering, inconvenience, mental anguish and loss of enjoyment of life; $30,000 for punitive damages; and $20,000 on her claim of breach of contract. The jury found as disclosed in the verdict form the following: (1) Helwig engaged in protected activity; (2 made educational decisions that adversely affected Helwig; (3) her complaints about sexual harassment or retaliation were a motivating factor in ICC's adverse educational decisions; (4 would not have made the same educational decisions even if it had not considered her complaints about sexual harassment or retaliation; (5 caused Helwig lost wages of $100,000 by its unlawful discrimination based on retaliation; (6 caused emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life to Helwig because of ICC's unlawful discrimination based on retaliation; (7 acted with malice or reckless disregard of the rights of Helwig to the amount of $30,000; (8 did not disparage Helwig's reputation or character; (9) there was a contract to provide a business-like professional learning environment between and Helwig; (10 breached its contract with 3 Helwig to provide a business-like professional learning environment; and (11) the damages for breach of that contract are $20,000. 3 After the jury had been dismissed, defendant raised an issue concerning a statutory cap on damages. The issue at that time was whether the court is to consider the number of employees statewide or nationwide pursuant to 5 M.R.S.A. \u00a7 4613(2)(B)(8). The defendant argued that there was no evidence concerning the number of employees nationwide, that it has only 30 employees at its Maine Nursing School, and that the correct reference under 5 M.R.S.A. \u00a7 4613(2)(B)(8) is the number of employees statewide, thus damages should be capped at $50,000. 3 3 Recently, the Law Court interpreted section 4613(2)(B)(8)(e)(iv) and concluded: [T]he Legislature did not intend to distinguish between the number of employees in Maine and the number of employees nationwide; rather, the clear intent of the graduated caps is to 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 3/15 protect smaller employers from large damage judgments that could potentially devastate them. The Legislature clearly intended that the protections of the reach employers who are based in Maine even if they have out-of-state employees as well as employers based elsewhere who have employees in Maine. In its post-trial motion recognized that the cap under section 4613(2) (B)(8) does not apply because it relates to employment discrimination claims; however defendant argued that another cap under section 4613(2)(B) (7) applies to education claims contends that this statutory section imposes a cap of $20,000 on all damages in the first non-employment discrimination claim against a particular defendant. The basis for defendant's post-trial argument is that this is not an employment discrimination case but an educational discrimination case. The court quite agrees that this is an educational discrimination case. The jury evaluated the facts on this basis. 4 Helwig alleged and the jury determined that made adverse educational decisions based on sexual harassment or retaliation, caused Helwig lost wages and pain and suffering, acted with malice or reckless disregard of Helwig's rights, and breached its educational contract with her terminated Helwig from an educational program for nurses that contained both an educational component and a clinical training component. Notwithstanding the clinical training program, this remains an educational discrimination case. The prohibits discrimination in education whether academic, occupational training or other educational program. 5 M.R.S.A. \u00a7 4602. The protects the opportunity to participate in all educational, apprenticeship, and on-the-job training programs without discrimination because of sex. 5 M.R.S.A. \u00a7 4601. Educational opportunities free of discrimination are declared to be a civil right. Id. The further prohibits retaliation and coercion with respect to opposing any discriminatory acts. 5M.R.S.A. \u00a74633. 4 4 5 6 4 It is \"unlawful educational discrimination\" on the basis of sex to \"[e]xclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic, extracurricular, research, occupational training or other program or activity.\" 5 M.R.S.A. \u00a7 4602. 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 4/15 5 The Maine Human Rights Act (MHRA) ensures the right to freedom from discrimination in education by recognizing and declaring as a civil right \" [t]he opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race.\" 5 M.R.S.A. \u00a7 4601. 6 The expressly provides a \"person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Act.\" 5 M.R.S.A. \u00a7 4633(1). Aggrieved persons alleging retaliation under section 4633 may utilize the procedures and obtain the remedies contained in sections 4611 to 4614 and 4621 to 4623. 5 M.R.S.A. \u00a7 4633(3). In any action filed under the MHRA, \"[i]f the court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or 5 remedies for that discrimination. The remedies may include, but are not limited to . .. (1) an order to cease and desist... (7) civil penal damages ...\" 5 M.R.S.A. \u00a74613(2)(B) (emphasis supplied). Thus, the provides a list of remedies but does not limit remedies to those contained in the statutory list and directs the court to utilize appropriate remedies. Id. The only limitation on remedies is \"an appropriate remedy\" and a cap on the amount of civil penal damages. The further authorizes to the prevailing party reasonable attorneys' fees and costs. 5 M.R.S.A. \u00a7 4614. 5 7 8 7 The full text of subsection (7) is: An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or if the commission brings an action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 5/15 subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph. 8 Although required, exhaustion of administrative remedies is not an issue in this case. See 5 M.R.S.A. \u00a7 4621. There has been little case law interpreting the Maine Human Rights Act in an educational context. \"It is appropriate to look to analogous federal case law for guidance in the interpretation of the Maine Human Rights Act (MHRA). See Bowen v. Dep't of Human Servs., 606 A. 2d 1051, 1053 (Me. 1992); Watt v. Unifirst Corporation, 2009 47 \u00b6 22 n. 4, 969 A. 2d 897, 903 n. 4. Thus, Maine courts apply the in accordance with federal anti- discrimination law. Title of the Education Amendment of 1972 \"imposes an obligation on educational institutions receiving federal funds to 6 refrain from denying educational opportunities on the basis of sex.\" Lakshman v. University of Maine System, 328 F. Supp. 2d 92, 115 (D. Me. 2004). 9 6 9 \"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 . . . .\" 20 U.S.C. \u00a7 1681. In Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), the United States Supreme Court unanimously concluded that Title authorized a high school student who had been sexually harassed by a sports coach/teacher to recover damages from the school district. In reaching this conclusion, the Court relied on the presumption that Congress intends to authorize \"all appropriate remedies\" unless it expressly indicates otherwise. 503 U.S. at 66. The Court also concluded that \"Congress did not intend to limit the remedies available in a suit brought under Title IX.\" 503 U.S. at 72. The general rule since Franklin is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief for intentional discrimination. See, e.g., 503 U.S. at 75. Similar conclusions can be reached in interpreting the MHRA, where the Legislature expressly authorizes appropriate remedies and states that it does not intend to limit the type of remedy or remedies that may be 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 6/15 awarded, even though the Legislature listed some remedies that may be considered. See 5 M.R.S.A. \u00a7 4613(2)(B). However, Section 4613, in its broad permissive language, does not resolve what type of monetary damages may be considered. In this regard, the analogy between Title and the demonstrates its limits. Compensatory damages are available for Title actions, but punitive damages are not. Barnes v. Gorman, 536 U.S. 181, 184-87 (2002). In Barnes, the Supreme Court relied on the fact that Title was enacted through the Spending Clause and found that 7 punitive damages were prohibited. Id. The Court reasoned that in exchange for federal funds received, the recipient of the funds agreed to comply with federally imposed conditions. Id. The Court explained that Spending Clause legislation is in the nature of a contract and stated that a \"funding recipient is generally on notice that it is subject not only to those remedies explicitly provided in the relevant legislation, but also to those remedies traditionally available in suits for breach of contract.\" Id. at 187. The Court found that a punitive damages award was inappropriate because \"punitive damages, unlike compensatory damages and injunction, are generally not available for breach of contract.\" Id. Unlike Title IX, the is obviously not a Spending Clause enactment, and therefore, Title case law concerning punitive damages has little application. In fact, the Maine Legislature explicitly allowed civil penal damages in Section 4613(2)(B)(7). 7 10 10 In Barnes, the Supreme Court technically held that punitive damages were not permitted under Title VI, but then noted that Title is interpreted consistent with Title VI. Id. at 185. Further complicating the damages analysis is the unique nature of this case. There are no caps in the education discrimination section of the MHRA, except of course the civil penal damages cap. Additionally, by the plain language of the statute, the caps in the employment discrimination provisions of the do not apply. See 5 M.R.S.A. \u00a7 4613(2)(B)(8). With regard to caps, the evidence adduced at trial included evidence that has a South Portland Campus with 30 employees and ICC's main campus is in Orange 8 California. Additional evidence indicated that also has five additional campuses in other locations in California, including 8 11 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 7/15 Burbank, Riverside, West Covina, Carson and Sacramento, California, and that the South Portland campus is the smallest campus of the system fair inference is that has more than 30 employees at each of its campuses nationwide and more than 200 employees nationwide. Were this an employment discrimination case, which of course it is not, the total damages awarded would not exceed the cap for defendant employers of like size. See 5 M.R.S.A. \u00a7 4613(2)(B)(8)(e)(iii). This provides some indication that the total amount of damages was reasonable and not excessive. 11 The parties dispute whether there are 30 or 50 employees on the Maine campus of ICC. Without a transcript the court cannot resolve this dispute. Suffice it to say that this court finds that has more than 200 employees spread across its 7 campuses. Furthermore introduced no evidence whether this is the first or second order under the directed at this defendant. The cap on civil penal damages is contingent on a showing that this judgment is defendant's first or second violation of the MHRA, in order for the court to apply a cap of $20,000 or $50,000, respectively. 5 M.R.S.A. \u00a7 4613(2)(B)(7). For a third or subsequent violation of the MHRA, the cap remains at $100,000. Id. Contrary to defendant's assertion, the defendant \"bears the burden of establishing the prerequisites for capping the award.\" Hernandez-Miranda v. Empresas Diaz Masso, Inc., 651 F. 3d 167, 175-75 (1st Cir. 2011 has failed to do that. Regardless, the does not set a limit on remedies except to say it should be an appropriate remedy for that discrimination. Because the punitive damages award was $30,000 and well within the maximum for a civil penal damage cap of $100,000, this court denies this portion of the motion seeking to apply a cap of $20,000 on all damages. 9 The jury found intentional discrimination; therefore, a $30,000 civil penal damage award is well within the evidence presented on this issue and acknowledges ICC's violation of the MHRA, and will deter from further violations. This award does not result in excessive relief to Helwig, even when considered in the context of other relief provided. Similarly, the award of lost wages of $100,00 and an award of $150,000 in compensatory damages does not exceed the caps authorized in employment cases. These awards were based 9 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 8/15 on sufficient evidence of lost future earnings and emotional distress as a result of sexual harassment and retaliation. The court will again take up the issue of caps when addressing the issues raised by in its motion for a new trial and/or a judgment notwithstanding the verdict Defendant makes six arguments to support this motion: (1) the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of \"$150,000\" (sic) ; (2) the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes; (3) the court erred in admitting evidence about third parties and their experience with the faculty member David Martin to show notice to the defendant; (4) the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008; (5) plaintiffs counsel improperly inflamed the jury by remarking \"Mr. 10 Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination; and (6) there was no evidence to support a finding by the clear and convincing standard of malice or reckless indifference. Counsel for did not request and submit a transcript of the trial for the court's consideration of these issues. 12 10 12 The lost wages award totaled $100,000. -------- \"The party moving for a new trial must show that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 9/15 been done.\" Harvey, Maine Civil Practice \u00a7 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town ofSearsport, 543 A. 2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding certain evidence, award of damages excessive or manifest error of law. Where claims the evidence is insufficient, the court must view the evidence in the light most favorable to the successful party. See Binette v. Deane, 391 A.2d 811,813 (Me. 1978). In this circumstance, the moving party must show that the \"jury verdict was so manifestly or clearly wrong that it is apparent that the conclusion of the jury was the result of prejudice, bias, passion, or a mistake of law or fact. The verdict must stand unless the record contains no credible evidence to support it.\" Id. Similarly, if the claim is that the jury's award is excessive the movant must show that the jury acted under some bias, prejudice, or improper influence, or has made some mistake of fact or law. Provencher v. Faucher, 2006 59, \| 6, 848 A.2d 404, 406-07. (1) Lost Wages Turning to ICC's first argument that the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of $100,000, the court 11 rejects this argument. First, as the moving party has the burden of producing a record from which the court may review its arguments has failed to do so has also failed to meet its burden of establishing that Helwig did not mitigate her damages. There is evidence that she could not seek nursing-related jobs because she would have to report to future employers that she was terminated from for violating the Professional Code of Conduct. Helwig also testified that her Crohn's disease intensified following her termination from ICC's program, that she is on and can only earn $9 per hour for 7 hours a week as a result of being on SSDI. 11 The is a remedial statute whose intent is to put the plaintiff in the position that she would have been but for the discrimination is a technical school where students take classes and participate in clinical programs. It is Helwig's performance in the clinical component that claims caused it to terminate her education at ICC. Helwig performed very well in the strictly educational component. Being terminated from the program deprived Helwig the opportunity to become a nurse. There was 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 10/15 testimony that students were promised that they would earn in their first year a salary twice their tuition of $25,000. There was also testimony that Helwig would have graduated in February 2009. Instead terminated her educational program and she was not able to work as a nurse earning $50,000 a year. From this evidence, the jury could reasonably have found that she suffered the loss of $100,000 in lost future wages that she would have earned but for her termination from the nursing school program. Finally, an award of lost future earnings is a traditional common-law tort remedy, Williams v. Pharmacia, Inc., 138 F.3d 944, 952 (7th Cir. 1998), and need not be 12 specifically authorized in order to be awarded under the MHRA. See 5 M.R.S.A. \u00a74613(2)(B). (2) Helwig's Note Dated October 16, 2008 12 argues that the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes is quite accurate that the court excluded this note, but this was done after the court having found that violated the discovery rules and had even sanctioned for their failure to comply with discovery. The note dated October 16, 2008 was not a note that Helwig had kept in her records and was produced for the first time during the trial. It was well within the court's discretion to exclude this document even if it could have been used for impeachment purposes. (3) Third Party Testimony Concerning David Martin contends that the court erred in admitting evidence about third parties and their experience with the faculty member David Martin in order to show notice to the defendant. Helwig alleged that it was David Martin who had sexually harassed her and because of her complaints about this decided to retaliate against her and terminate her from the program. The court permitted testimony from Roseanne Lynch and Lisa Green about their experiences with David Martin. Their testimony about Martin's harassment went to motive and whether was aware that sexual harassment was occurring. 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 11/15 ICC's defense was that they had just cause to terminate Helwig. Their testimony at trial however was that they did not believe Helwig and did nothing when she 13 complained about David Martin. They did not investigate her claims, concluded there was nothing to her claims and believed David Martin over Helwig. Because they could not corroborate Helwig's allegations, they did nothing. They knew there were sexual harassment allegations from at least two students, but they saw no reason to doubt Martin's credibility. According to Helwig, when she asked Brody whether was doing anything about David Martin, Brody told her \"to get over it.\" Similarly, Lynch testified that she complained to Brody about Martin's harassment cornering her and another student in the shower and also complained about Martin's sexual comments. Brody's response was that she was a \"troublemaker\" and to \"suck it up.\" Lynch's testimony, along with that of Green, was properly admitted on the issue of ICC's notice and knowledge of allegations against Martin. (4) Sexual Harassment and Retaliation under the 13 argues that the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008. ICC's claim that the does not authorize a claim for sexual harassment and retaliation is without any merit. The prohibits sexual discrimination in both employment and education. 5 M.R.S.A. \u00a7\u00a7 4571, 4601. Sexual harassment is a form of discrimination based on sex. See, e.g., Watt v. UniFirst Corp., 2009 47, \u00b6 22, 969 A. 2d 897, 902-03. Furthermore, the prohibits retaliation against an individual \"because that individual has opposed any act or practice that is unlawful under this Act.\" 5 M.R.S.A. \u00a7 4633. 14 14 There was evidence from which the jury could reasonably infer that the decision to terminate Helwig was because of her earlier complaints against Martin and ICC's failure to investigate the claims. Moreover, the decision to terminate did not occur until after Helwig told Brody she would not meet 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 12/15 with Brody without her attorney present and after received a copy of Helwig's complaint. (5) ICC's Counsel next claims that plaintiffs counsel improperly inflamed the jury by remarking \"Mr. Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination. Without a transcript, the court cannot determine the context in which plaintiffs counsel might have referred to ICC's counsel being from California. However, there was substantial evidence that throughout the process, Brody and Michaud passed information along to the president of and ICC's attorney in California for their review and advice. There was also evidence presented that they consulted with their attorney Neil Evans, Esquire. There was further testimony that Helwig's appeal was forwarded to counsel in California and that Neil Evans responded in late 2008 advising Helwig that her letter of appeal was under review and that he would get back to her. No response was ever forthcoming. (6) Reckless Indifference Finally claims there was no evidence to support a finding of malice or reckless indifference by the clear and convincing standard. Again, without a transcript the court cannot fully respond to this allegation. However, the jury found that acted with malice or reckless disregard of the rights of Helwig. There is the evidence discussed 15 above, which more than supports a finding of reckless disregard when did not take seriously Helwig's or the other students allegations against Martin, saw no reason to disbelieve Martin and conduct an investigation, and then advised Helwig to get over it. This evidence alone is sufficient for a reasonable jury to find that acted with reckless disregard. 15 In short, this court concludes that has failed to meet its burden of showing that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done. It is hereby ORDERED: The motion regarding caps on damages and the motion for a new trial and/or to reduce or modify the verdict or judgment and for judgment notwithstanding the verdict are DENIED. 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 13/15 _______________ Joyce A. Wheeler, Justice Plaintiff-Guy Loranger Esq. Defendant-Visiting Attorney Neil Evans Esq. (CA) Local Counsel-Jen-Peter Bergen, Esq. Russell v. Express Jet Airlines, Inc., 2011 123, \| 16, 32 A.3d 1030. For purposes of this case, the court applies any nationwide figure that may apply. 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 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 14/15 Terms \u00a9 2024 Casetext Inc. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2/22/25, 7:33 Helwig v. InterCoast Career Inst NO. CV-09-225 \| Casetext Search + Citator 15/15", "8272_103.pdf": "CUMBERLAND, ss v. c NO. CV-09-225 This matter is before the court on post-trial motions filed after a jury verdict finding that InterCoast Career Institute (ICC) discriminated against Aimee Helwig (Helwig) in an educational career program in nursing. The following motions are pending: plaintiff's post-trial brief1 regarding burden of proof with respect to a cap on damages; defendant's brief regarding a cap on the damages awarded under the retaliation claim; and defendant's motion for a new trial and/or to reduce or modify verdict or judgment and for judgment not withstanding the verdict. The court will address these motions ad seriatim This is an educational discrimination case2 in which Helwig was a nursing student at ICC, which has a campus in South Portland, Maine. Helwig alleged in her complaint that a faculty member sexually harassed her and then retaliated against her when she 1 The court treats the plaintiff's post-trial brief and the defendant's brief as motions raising the issues contained therein respectively. 2 Although did not timely object to Plaintiffs characterization at times of her claims as employment discrimination claims, the court, as the jury did, analyzes this case as one for educational discrimination. ~/ complained about the harassment, culminating in her termination from for allegedly violating the InterCoast Practical Nursing Code of Professional Conduct. Helwig alleged in her complaint a number of counts, but she proceeded at trial on the claims of retaliation, slander and breach of contract. She sought damages, including general and noneconomic damages, economic damages, lost wages, punitive damages and attorney's fees denied each of Helwig's claims and countered that terminated her as a student for cause further alleged that Helwig failed to mitigate her damages. At trial, the jury awarded Helwig the following: $100,000 in lost wages on her claim for retaliation; $150,000 on her claim for emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life; $30,000 for punitive damages; and $20,000 on her claim of breach of contract. The jury found as disclosed in the verdict form the following: (1) Helwig engaged in protected activity; (2 made educational decisions that adversely affected Helwig; (3) her complaints about sexual harassment or retaliation were a motivating factor in ICC's adverse educational decisions; (4 would not have made the same educational decisions even if it had not considered her complaints about sexual harassment or retaliation; (5 caused Helwig lost wages of$100,000 by its unlawful discrimination based on retaliation; (6 caused emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment of life to Helwig because ofiCC's unlawful discrimination based on retaliation; (7 acted with malice or reckless disregard of the rights ofHelwig to the amount of$30,000; (8 did not disparage Helwig's reputation or character; (9) there was a contract to provide a business-like professional learning environment between and Helwig; (10 breached its contract with 2 Helwig to provide a business-like professional learning environment; and (11) the damages for breach of that contract are $20,000 After the jury had been dismissed, defendant raised an issue concerning a statutory cap on damages. The issue at that time was whether the court is to consider the number of employees statewide or nationwide pursuant to 5 M.R.S.A. \u00a7 4613(2)(B)(8).3 The defendant argued that there was no evidence concerning the number of employees nationwide, that it has only 30 employees at its Maine Nursing School, and that the correct reference under 5 M.R.S.A. \u00a7 4613(2)(B)(8) is the number of employees statewide, thus damages should be capped at $50,000. In its post-trial motion recognized that the cap under section 4613(2)(B)(8) does not apply because it relates to employment discrimination claims; however defendant argued that another cap under section 4613(2)(B)(7) applies to education claims contends that this statutory section imposes a cap of $20,000 on all damages in the first non-employment discrimination claim against a particular defendant. The basis for defendant's post-trial argument is that this is not an employment discrimination case but an educational discrimination case. The court quite agrees that this is an educational discrimination case. The jury evaluated the facts on this basis. 3 Recently, the Law Court interpreted section 4613(2)(B)(8)(e)(iv) and concluded: [T]he Legislature did not intend to distinguish between the number of employees in Maine and the number of employees nationwide; rather, the clear intent of the graduated caps is to protect smaller employers from large damage judgments that could potentially devastate them. The Legislature clearly intended that the protections of the reach employers who are based in Maine even if they have out-of-state employees as well as employers based elsewhere who have employees in Maine. Russell v. ExpressJet Airlines, Inc., 2011 123, ~ 16, 32 A.3d 1030. For purposes ofthis case, the court applies any nationwide figure that may apply. 3 Helwig alleged and the jury determined that made adverse educational decisions based on sexual harassment or retaliation, caused Helwig lost wages and pain and suffering, acted with malice or reckless disregard of Helwig's rights, and breached its educational contract with her terminated Helwig from an educational program for nurses that contained both an educational component and a clinical training component. Notwithstanding the clinical training program, this remains an educational discrimination case. The prohibits discrimination in education whether academic, occupational training or other educational program. 5 M.R.S.A. \u00a7 4602.4 The protects the opportunity to participate in all educational, apprenticeship, and on-the-job training programs without discrimination because of sex. 5 M.R.S.A. \u00a7 4601.5 Educational opportunities free of discrimination are declared to be a civil right. !d. The further prohibits retaliation and coercion with respect to opposing any discriminatory acts. 5 M.R.S.A. \u00a7 4633.6 Aggrieved persons alleging retaliation under section 4633 may utilize the procedures and obtain the remedies contained in sections 4611 to 4614 and 4621 to 4623. 5 M.R.S.A. \u00a7 4633(3). In any action filed under the MHRA, \"[i]fthe court finds that unlawful discrimination occurred, its judgment must specify an appropriate remedy or 4 It is \"unlawful educational discrimination\" on the basis of sex to \"[ e ]xclude a person from participation in, deny a person the benefits of, or subject a person to, discrimination in any academic, extracurricular, research, occupational training or other program or activity.\" 5 M.R.S.A. \u00a7 4602. . 5 The Maine Human Rights Act (MHRA) ensures the right to freedom from discrimination in education by recognizing and declaring as a civil right \"[t]he opportunity for an individual at an educational institution to participate in all educational, counseling and vocational guidance programs and all apprenticeship and on-the-job training programs without discrimination because of sex, sexual orientation, a physical or mental disability, national origin or race.\" 5 M.R.S.A. \u00a7 4601. 6 The expressly provides a \"person may not discriminate against any individual because that individual has opposed any act or practice that is unlawful under this Act or because that individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this Act.\" 5 M.R.S.A. \u00a7 4633(1 ). 4 remedies for that discrimination. The remedies may include, but are not limited to ... (1) an order to cease and desist ... (7) civil penal damages ... \" 5 M.R.S.A. \u00a74613(2)(B) (emphasis supplied).7 Thus, the provides a list of remedies but does not limit remedies to those contained in the statutory list and directs the court to utilize appropriate remedies. !d. The only limitation on remedies is \"an appropriate remedy\" and a cap on the amount of civil penal damages. 8 The further authorizes to the prevailing party reasonable attorneys' fees and costs. 5 M.R.S.A. \u00a7 4614. There has been little case law interpreting the Maine Human Rights Act in an educational context. \"It is appropriate to look to analogous federal case law for guidance in the interpretation of the Maine Human Rights Act (MHRA). See Bowen v. Dep 't of Human Servs., 606 A. 2d 1051, 1053 (Me. 1992); Watt v. Unifirst Corporation, 2009 47 ~ 22 n. 4, 969 A. 2d 897, 903 n. 4. Thus, Maine courts apply the in accordance with federal anti-discrimination law. Title of the Education Amendment of 19729 \"imposes an obligation on educational institutions receiving federal funds to 7 The full text of subsection (7) is: An order to pay to the victim of unlawful discrimination, other than employment discrimination in the case of a respondent who has more than 14 employees, or if the commission brings an action on behalf of the victim, an order to pay to the victim, the commission or both, civil penal damages not in excess of $20,000 in the case of the first order under this Act against the respondent, not in excess of $50,000 in the case of a 2nd order against the respondent arising under the same subchapter of this Act and not in excess of $100,000 in the case of a 3rd or subsequent order against the respondent arising under the same subchapter of this Act, except that the total amount of civil penal damages awarded in any action filed under this Act may not exceed the limits contained in this subparagraph. 8 Although required, exhaustion of administrative remedies is not an issue in this case. See 5 M.R.S.A. \u00a7 4621. 9 \"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 .... \" 20 U.S.C. \u00a7 1681. 5 refrain from denying educational opportunities on the basis of sex.\" Lakshman v. University of Maine System, 328 F. Supp. 2d 92, 115 (D. Me. 2004). In Franklin v. Gwinnett County Public Schools, 503 U.S. 60 (1992), the United States Supreme Court unanimously concluded that Title authorized a high school student who had been sexually harassed by a sports coach/teacher to recover damages from the school district. In reaching this conclusion, the Court relied on the presumption that Congress intends to authorize \"all appropriate remedies\" unless it expressly indicates otherwise. 503 U.S. at 66. The Court also concluded that \"Congress did not intend to limit the remedies available in a suit brought under Title IX.\" 503 U.S. at 72. The general rule since Franklin is that absent clear direction to the contrary by Congress, the federal courts have the power to award any appropriate relief for intentional discrimination. See, e.g., 503 U.S. at 75. Similar conclusions can be reached in interpreting the MHRA, where the Legislature expressly authorizes appropriate remedies and states that it does not intend to limit the type of remedy or remedies that may be awarded, even though the Legislature listed some remedies that may be considered. See 5 M.R.S.A. \u00a7 4613(2)(B). However, Section 4613, in its broad permissive language, does not resolve what type of monetary damages may be considered. In this regard, the analogy between Title and the demonstrates its limits. Compensatory damages are available for Title actions, but punitive damages are not. Barnes v. Gorman, 536 U.S. 181, 184-87 (2002). In Barnes, the Supreme Court relied on the fact that Title was enacted through the Spending Clause and found that 6 punitive damages were prohibited. 10 !d. The Court reasoned that in exchange for federal funds received, the recipient of the funds agreed to comply with federally imposed conditions. !d. The Court explained that Spending Clause legislation is in the nature of a contract and stated that a \"funding recipient is generally on notice that it is subject not only to those remedies explicitly provided in the relevant legislation, but also to those remedies traditionally available in suits for breach of contract.\" !d. at 187. The Court found that a punitive damages award was inappropriate because \"punitive damages, unlike compensatory damages and injunction, are generally not available for breach of contract.\" !d. Unlike Title IX, the is obviously not a Spending Clause enactment, and therefore, Title case law concerning punitive damages has little application. In fact, the Maine Legislature explicitly allowed civil penal damages in Section 4613(2)(B)(7). Further complicating the damages analysis is the unique nature of this case. There are no caps in the education discrimination section of the MHRA, except of course the civil penal damages cap. Additionally, by the plain language of the statute, the caps in the employment discrimination provisions of the do not apply. See 5 M.R.S.A. \u00a7 4613(2)(B)(8). With regard to caps, the evidence adduced at trial included evidence that has a South Portland Campus with 30 employees and ICC's main campus is in Orange, 10 In Barnes, the Supreme Court technically held that punitive damages were not permitted under Title VI, but then noted that Title is interpreted consistent with Title VI. !d. at 185. 7 California. 11 Additional evidence indicated that also has five additional campuses in other locations in California, including Burbank, Riverside, West Covina, Carson and Sacramento, California, and that the South Portland campus is the smallest campus of the system fair inference is that has more than 30 employees at each of its campuses nationwide and more than 200 employees nationwide. Were this an employment discrimination case, which of course it is not, the total damages awarded would not exceed the cap for defendant employers of like size. See 5 M.R.S.A. \u00a7 4613(2)(B)(8)(e)(iii). This provides some indication that the total amount of damages was reasonable and not excessive. Furthermore introduced no evidence whether this is the first or second order under the directed at this defendant. The cap on civil penal damages is contingent on a showing that this judgment is defendant's first or second violation of the MHRA, in order for the court to apply a cap of $20,000 or $50,000, respectively. 5 M.R.S.A. \u00a7 4613(2)(B)(7). For a third or subsequent violation of the MHRA, the cap remains at $100,000. Id Contrary to defendant's assertion, the defendant \"bears the burden of establishing the prerequisites for capping the award.\" Hernandez-Miranda v. Empresas Diaz Masso, Inc., 651 F. 3d 167, 175-75 (1 51 Cir. 2011 has failed to do that. Regardless, the does not set a limit on remedies except to say it should be an appropriate remedy for that discrimination. Because the punitive damages award was $30,000 and well within the maximum for a civil penal damage cap of$100,000, this court denies this portion ofthe motion seeking to apply a cap of$20,000 on all damages. 11 The parties dispute whether there are 30 or 50 employees on the Maine campus ofiCC. Without a transcript the court cannot resolve this dispute. Suffice it to say that this court finds that has more than 200 employees spread across its 7 campuses. 8 The jury found intentional discrimination; therefore, a $30,000 civil penal damage award is well within the evidence presented on this issue and acknowledges ICC's violation of the MHRA, and will deter from further violations. This award does not result in excessive relief to Helwig, even when considered in the context of other relief provided. Similarly, the award of lost wages of$100,00 and an award of$150,000 in compensatory damages does not exceed the caps authorized in employment cases. These awards were based on sufficient evidence of lost future earnings and emotional distress as a result of sexual harassment and retaliation. The court will again take up the issue of caps when addressing the issues raised by in its motion for a new trial and/or a judgment notwithstanding the verdict nJDGMENT nJDGMENT Defendant makes six arguments to support this motion: (1) the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of\"$150,000\" (sic)12; (2) the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes; (3) the court erred in admitting evidence about third parties and their experience with the faculty member David Martin to show notice to the defendant; (4) the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008; (5) plaintiff's counsel improperly inflamed the jury by remarking \"Mr. 12 The lost wages award totaled $100,000. 9 Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination; and ( 6) there was no evidence to support a finding by the clear and convincing standard of malice or reckless indifference. Counsel for did not request and submit a transcript ofthe trial for the court's consideration of these issues. \"The party moving for a new trial must show that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done.\" Harvey, Maine Civil Practice\u00a7 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town ofSearsport, 543 A. 2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding certain evidence, award of damages excessive or manifest error of law. Where claims the evidence is insufficient, the court must view the evidence in the light most favorable to the successful party. See Binette v. Deane, 391 A.2d 811, 813 (Me. 1978). In this circumstance, the moving party must show that the \"jury verdict was so manifestly or clearly wrong that it is apparent that the conclusion of the jury was the result of prejudice, bias, passion, or a mistake of law or fact. The verdict must stand unless the record contains no credible evidence to support it.\" Id Similarly, if the claim is that the jury's award is excessive the movant must show that the jury acted under some bias, prejudice, or improper influence, or has made some mistake of fact or law. Provencher v. Faucher, 2006 59,~ 6, 848 A.2d 404, 406-07. (1) Lost Wages Turning to ICC's first argument that the damages for lost wages were excessive, unauthorized and no evidence was introduced to warrant an award of $100,000, the court 10 rejects this argument. First, as the moving party has the burden of producing a record from which the court may review its arguments has failed to do so has also failed to meet its burden of establishing that Helwig did not mitigate her damages. There is evidence that she could not seek nursing-related jobs because she would have to report to future employers that she was terminated from for violating the Professional Code of Conduct. Helwig also testified that her Crohn' s disease intensified following her termination from ICC's program, that she is on and can only earn $9 per hour for 7 hours a week as a result of being on SSDI. The is a remedial statute whose intent is to put the plaintiff in the position that she would have been but for the discrimination is a technical school where students take classes and participate in clinical programs. It is Helwig's performance in the clinical component that claims caused it to terminate her education at ICC. Helwig performed very well in the strictly educational component. Being terminated from the program deprived Helwig the opportunity to become a nurse. There was testimony that students were promised that they would earn in their first year a salary twice their tuition of $25,000. There was also testimony that Helwig would have graduated in February 2009. Instead terminated her educational program and she was not able to work as a nurse earning $50,000 a year. From this evidence, the jury could reasonably have found that she suffered the loss of $100,000 in lost future wages that she would have earned but for her termination from the nursing school program. Finally, an award of lost future earnings is a traditional common-law tort remedy, Williams v. Pharmacia, Inc., 138 F.3d 944, 952 (7th Cir. 1998), and need not be 11 specifically authorized in order to be awarded under the MHRA. See 5 M.R.S.A. \u00a7 4613(2)(B). (2) Helwig's Note Dated October 16,2008 argues that the court abused its discretion when it excluded a note in Helwig's handwriting dated October 16, 2008 on the grounds it had not been produced in discovery and the note should have been admitted for impeachment purposes is quite accurate that the court excluded this note, but this was done after the court having found that violated the discovery rules and had even sanctioned for their failure to comply with discovery. The note dated October 16, 2008 was not a note that Helwig had kept in her records and was produced for the first time during the trial. It was well within the court's discretion to exclude this document even if it could have been used for impeachment purposes. (3) Third Party Testimony Concerning David Martin contends that the court erred in admitting evidence about third parties and their experience with the faculty member David Martin in order to show notice to the defendant. Helwig alleged that it was David Martin who had sexually harassed her and because of her complaints about this decided to retaliate against her and terminate her from the program. The court permitted testimony from Roseanne Lynch and Lisa Green about their experiences with David Martin. Their testimony about Martin's harassment went to motive and whether was aware that sexual harassment was occurring. ICC's defense was that they had just cause to terminate Helwig. Their testimony at trial however was that they did not believe Helwig and did nothing when she 12 complained about David Martin. They did not investigate her claims, concluded there was nothing to her claims and believed David Martin over Helwig. Because they could not corroborate Helwig's allegations, they did nothing. They knew there were sexual harassment allegations from at least two students, but they saw no reason to doubt Martin's credibility. According to Helwig, when she asked Brody whether was doing anything about David Martin, Brody told her \"to get over it.\" Similarly, Lynch testified that she complained to Brody about Martin's harassment cornering her and another student in the shower and also complained about Martin's sexual comments. Brody's response was that she was a \"troublemaker\" and to \"suck it up.\" Lynch's testimony, along with that of Green, was properly admitted on the issue ofiCC's notice and knowledge of allegations against Martin. ( 4) Sexual Harassment and Retaliation under the argues that the Maine Human Rights Act does not authorize a claim for sexual harassment or retaliation or a claim for lost wages in the context of an educational institution, and there was no evidence to support a causal link between the sexual harassment complaint in April and May of 2008 and termination in October 2008. ICC's claim that the does not authorize a claim for sexual harassment and retaliation is without any merit. The prohibits sexual discrimination in both employment and education. 5 M.R.S.A. \u00a7\u00a7 4571, 4601. Sexual harassment is a form of discrimination based on sex. See, e.g., Watt v. UniFirst Corp., 2009 47, ~ 22, 969 A. 2d 897, 902-03. Furthermore, the prohibits retaliation against an individual \"because that individual has opposed any act or practice that is unlawful under this Act.\" 5 M.R.S.A. \u00a7 4633. 13 There was evidence from which the jury could reasonably infer that the decision to terminate Helwig was because of her earlier complaints against Martin and ICC's failure to investigate the claims. Moreover, the decision to terminate did not occur until after Helwig told Brody she would not meet with Brody without her attorney present and after received a copy of Helwig's complaint. (5) ICC's Counsel next claims that plaintiffs counsel improperly inflamed the jury by remarking \"Mr. Evans cannot do things he might otherwise do in California\" and improperly argued that Mr. Evans was involved with the decisions concerning the sexual harassment complaint and the termination. Without a transcript, the court cannot determine the context in which plaintiff's counsel might have referred to ICC's counsel being from California. However, there was substantial evidence that throughout the process, Brody and Michaud passed information along to the president ofiCC and ICC's attorney in California for their review and advice. There was also evidence presented that they consulted with their attorney Neil Evans, Esquire. There was further testimony that Helwig's appeal was forwarded to counsel in California and that Neil Evans responded in late 2008 advising Helwig that her letter of appeal was under review and that he would get back to her. No response was ever forthcoming. ( 6) Reckless Indifference Finally claims there was no evidence to support a finding of malice or reckless indifference by the clear and convincing standard. Again, without a transcript the court cannot fully respond to this allegation. However, the jury found that acted with malice or reckless disregard of the rights of Helwig. There is the evidence discussed 14 above, which more than supports a finding of reckless disregard when did not take seriously Helwig's or the other students allegations against Martin, saw no reason to disbelieve Martin and conduct an investigation, and then advised Helwig to get over it. This evidence alone is sufficient for a reasonable jury to find that acted with reckless disregard. In short, this court concludes that has failed to meet its burden of showing that it is reasonably clear that prejudicial error has crept into the record or that substantial justice has not been done. It is hereby ORDERED: The motion regarding caps on damages and the motion for a new trial and/or to reduce or modify the verdict or judgment and for judgment notwithstanding the verdict are DENIED. Date: February 9, 2012 e . Wheeler, Justice Plaintiff-Guy Loranger Esq. ( Defendant-Visiting Attorney Neil Evans Esq. (CA) Local Counsel-Jen-Peter Bergen, Esq. 15 CUMBERLAND, ss HELWIG, Plaintiff v INSTITUTE, Defendant NO. CV-09-225 Jf/w- cu~N- y/t This matter is before the Court on plaintiffs request for attorney's fees and litigation expenses following a successful jury trial in June 2011. Background Plaintiff filed her complaint against Intercoast in April 2009. In 201 0, Ms. Helwig filed for Chapter 7 Bankruptcy. The trustee of her estate, John C. Turner, retained Ms. Helwig's attorney, Guy Loranger, to continue the litigation in this case. On June 30, 2011, the following Judgment was entered in favor of the Plaintiff: On the claim for retaliation: $100,000.00 On the claim for emotional pain, suffering, inconvenience, mental anguish and loss of enjoyment oflife: $150,000.00 On the claim for punitive damages: $30,000.00 On the claim for breach of contract: $20,000.00 All with pre-judgment interest at the rate of 3.40% and post-judgment interest at the rate of 6.30%, with costs Defendant appealed the judgment, which was affirmed by the Law Court on January 29, 2013. Helwig v. Intercoast Career Institute, Mem. 13-5 (Jan. 29, 2013). On March 15, 2013, the plaintiff filed an application for attorney fees and costs. Discussion General Calculation: The Lodestar The Maine Human Rights Act allows a prevailing party to collect reasonable costs and attorney fees, provided the plaintiff first filed with the Maine Human Rights Commission. 5 M.R.S.A. \u00a7\u00a7 4614, 4622 (2012). In her complaint, the plaintiff indicated that she filed with the commission and was issued a right to sue letter. (Compl. ,-r 19.) The court therefore has discretion to award plaintiff, as the prevailing party, attorney fees and costs in this case. The Law Court will review the Superior Court's calculation of a reasonable fee only for abuse of discretion. Poussard v. Commercial Credit Plan Inc. of Lewiston, 479 A.2d at 884 (Me. 1984). In determining an attorney fee award, courts usually employ the lodestar calculation, which \"is the product ofthe number of hours appropriately worked times a reasonable hourly rate or rates.\" Hutchison ex. rei. Julien v. Patrick, 636 F.3d 1, 13 (1st Cir. 2011). The court should subtract hours that are excessive or unnecessary from the calculation. Lipsett v. Blanco, 975 F.2d 934, 937 (1st Cir. 1992). In Mancini v. Scott, the Law Court laid out the factors to guide a trial court's calculation of a reasonable fee: (1) the time and labor required; (2) the novelty and difficulty of the questions presented; (3) the skill required to perform the legal services; ( 4) the preclusion of other employment by the attorneys due to acceptance of the case; (5) the customary fee in the community; ( 6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or circumstances; (8) the amount involved and the results obtained; (9) the experience, reputation and ability of the attorneys; (10) the undesirability ofthe case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases. Mancini v. Scott, 2000 19, ,-r 10, 7 44 A.2d 1057 (quoting Poussard v. Commercial Credit Plan Inc. of Lewiston, 479 A.2d 881, 884 (Me. 1984). 2 This lodestar figure \"may be adjusted up or down to reflect Plaintiff's degree of success in the litigation.\" Chaloult v. Interstate Brands Corp., 296 F. Supp.2d 2, 4 (D. Me. 2004). In Chaloult, for example, the court adjusted the fee calculation down because the attorney only received nominal damages and not compensatory damages for the client. Id. Gross Judgment vs. Gross Amount Collected Defendant argues that plaintiff's recovery is limited by the bankruptcy court order approving the trustee's application to retain Mr. Loranger. Defendant contends that Mr. Loranger cannot collect more than 33 1/3% of the judgment entered pursuant to the bankruptcy order. Plaintiff points out that the bankruptcy order references the trustee's application, which states: Guy D. Loranger ofNichols, Webb & Loranger, PA, has indicated he would continue the litigation and negotiations under the same Contingent Fee Agreement he signed with the debtor on or about September 30, 2008, more specifically that Attorney Loranger would receive 33 1/3% of the gross amount collected. (Def. 's Exhibit A). Plaintiff argues that the \"gross amount collected\" includes the judgment as well as reasonable costs and attorney's fees. In Blanchard v. Bergeron, the U.S. Supreme Court, in construing the statute authorizing awards of attorney fees in federal civil rights cases, found that a contingency fee agreement may aid in determining the reasonableness of the attorney's fees award, however, \"a contingent-fee contract does not impose an automatic ceiling on an award of attorney's fees.\" Blanchardv. Bergeron, 489 U.S. 87,93 (1989). In Venegas v. Mitchell, the Supreme Court further clarified the relationship between an attorney's fee award and a contingent fee agreement: 3 In sum, \u00a7 1988 controls what the defendant must pay, not what the prevailing party must pay his lawyer. What a plaintiff may be bound to pay and what an attorney is free to collect under a fee agreement are not necessarily measured by the \"reasonable attorney's fee\" that a defendant must pay pursuant to a court order. Section 1988 itself does not interfere with the enforceability of a contingent-fee contract. Venegas v. Mitchell, 495 U.S. 82, 90 (1990). Thus, at least under federal law, the existence of a contingency fee arrangement between the plaintiff and his attorney does not limit recovery of attorney's fees. Defendant's argument that the plaintiff is not entitled to seek attorney's fees is not persuasive. Not only does the agreement referenced in the bankruptcy order state \"gross amount collected\" rather than gross judgment as the defendant contends, it is the party and not the attorney who is entitled to the attorney's fees award. Venegas, 495 U.S. at 87- 88. Thus, it is Mr. Loranger's client (or the bankrupt's estate) and not Mr. Loranger who is entitled to the fees, if any, in this case. Mr. Loranger's contingent fee agreement with his client does not preclude the Court from awarding reasonable attorney's fees based on a lodestar calculation. Multiplier In very rare cases of exceptional success, the court may award an enhancement to the lodestar figure. See Blum v. Stenson, 465 U.S. 886, 897 (1984) (\"[A]n enhanced award may be justified 'in some cases of exceptional success.'\") (quoting Hensley v. Eckerhart, 461 U.S. 424, 335 (1983). In Perdue v. Kenny A. ex rel. Winn, the Supreme Court explained that the novelty of the issues presented in the case and the quality of the attorney's performance should generally not be used to adjust the lodestar figure because these factors are usually reflected in the calculation ofthe reasonable rate itself. Perdue v. Kenny A. ex ref Winn, 559 U.S. 542, 553 (2010). There is a strong presumption that the 4 lodestar figure is correct and a fee applicant must point to \"specific evidence\" to support enhancement ofthe award.Jd at 552-53. Mr. Loranger points to the outstanding results obtained in this case to justify a multiplier. He states that this is the largest ever jury award in an employment discrimination case in Maine and that it is very rare for a jury to award punitive damages. Mr. Loranger also argues that this case was undesirable because the defendant did not offer to settle the case for any reasonable amount and that plaintiff had spoken with other attorneys who did not accept her case. In addition, he points to the novelty and complexity of the issues related to the educational setting ofthe case. This case may fall under the very narrow exception to the general rule that the lodestar figure is the correct award. Mr. Loranger is asking for a 1.75 multiplier1 of the attorney's fees award 1.75 multiplier seems to be at the upper end of what has been awarded in civil rights cases. See Barnes v. City of Cincinnati, 401 F.3d 729, 746 n.4 (6th Cir. 2005) (\"[D]istrict courts should recognize that this figure, (1. 75), is near the upper end of what we consider 'reasonable.'\"). Conclusion Mr. Loranger's fee request at $300/hour for 326.60 hours is reasonable am not convinced of the need for a multiplier in this case, especially since Mr. Loranger is going to receive 113 of the total amount collected (the judgment plus the attorney's fees award). Federal case law from the Supreme Court and the First Circuit indicates that a multiplier is almost never appropriate because most of the factors warranting an increase in the fee 1 In his brief, Mr. Loranger asks for a multiplier of 1. 75%. Based on his calculations, however, it is clear that he is asking the court to multiply the attorney's fees award by 1.75 and not to increase it by 1.75%. 5 are already taken into account during the initial calculation of the reasonable fee. Although this case was a great success for the plaintiff and the case may in fact have been very undesirable from the outset nevertheless find that the basic hourly rate is a fair and reasonable fee without a multiplier. The entry is: 1. Intercoast is Ordered to pay Plaintiff the following litigation expenses and attorney's fees within 30 days of this order: Attorney's Fees Expenses TOTAL: $ $ $ 97,980 6,239.42 104,219.42 2. Plaintiffs counsel is entitled to 331/3 % of the gross amount collected, including the judgment entered on June 30, 2011 and attorney's fees and expenses awarded in this Order of today. ~A. Wheeler Justice, Superior Court Plaintiff Helwig-Guy Loranger Esq Defendant Intercoast-Visiting Attorney 1 Nei Evans Esq (CA) 6"}
7,591	Stephen Dobyns	Syracuse University	[ "7591_101.pdf", "7591_102.pdf", "7591_103.pdf", "7591_104.pdf" ]	{"7591_101.pdf": "( (/) ( Once upon a time (HTTP://WWW.W.DAILYORANGE.COM/CONTACT/) (/SEARCH/) By Bill West (/writers/bill-west/) 17 years ago One glass of scotch and a comment about breasts nearly crippled Syracuse University\u2019s 44-year-old creative writing program in 1995. Jennifer Cotter, an English graduate student in SU\u2019s Master of Fine Arts (MFA) program, accused Stephen Dobyns, a respected author and tenured professor in the program, of sexual harassment after he allegedly made a comment about her breasts at an off-campus party on the night of March 31, 1995. After the alleged comment, a short, heated exchange of words between the two occurred. It ended when Dobyns threw his drink in Cotter\u2019s face. (media/paper522/stills/f52m1972.jpg) In summer 1995 disregarded Dobyns\u2019 denial of ever making the inappropriate comment and suspended the professor for two years starting in April 1995. Dobyns would eventually resign. He declared the creative writing program \u2018dead\u2019 in an April 9, 1997, story in The Post-Standard. By suspending Dobyns and supporting the claims of Cotter \u2013 a Marxist that Dobyns accused of trying to destroy the creative writing program divided the tight-knit creative writing academic community, which consisted of fewer than a dozen professors and 36 students. The rift rubbed several professors the wrong way. Fiction professor Michael Martone, the director of the program at the time, and fiction professor Melanie Rae Thon resigned in April 1996 because of the lasting tension in the program. Tobias Wolff, the program\u2019s most celebrated professor at the time, resigned in March 1997 and went to teach at Stanford University. The resignations took a serious toll on the program\u2019s national reputation. In 1995, 174 people applied to the program. Four years later, the total had dropped to 96. \u2018The writing community is very small,\u2019 said Eileen Pollack, director of the creative writing program at the University of Michigan, in an e-mail, \u2018at least the community of writers who teach at major colleges and universities, and for a while, writers at other institutions stopped recommending the program at to their promising undergraduates Director Chris Kennedy and Program Coordinator Sarah C. Harwell agreed the program could have possibly collapsed in the wake of the resignations. But it didn\u2019t. The job openings allowed new talent to come in and slowly save the reputation of the program. \u2018In retrospect, (the controversy) was probably a good thing,\u2019 said Kennedy, who was assistant director during the Dobyns scandal. \u2018It was like a purging in some way.\u2019 With the arrival of a talented, new roster of fiction and poetry professors in the decade following the incident, the program returned to the top 10 of most creative writing education expert\u2019s rankings. An improved reputation led to an influx of creative writing applicants. For the 12 annual openings \u2013 six in fiction and six in poetry \u2013 in the three-year program, 360 people applied in 2007. More than 290 of those applications were for the fiction program. \u00b7\u00b7\u00b7 Two of the first post-controversy faculty members brought in to turn the program around were professors Arthur Flowers and George Saunders. Nearly a year before Wolff\u2019s resignation, he asked Saunders to apply for a one-year position in the program. Saunders, who was working as an engineer at the time, seized the opportunity to focus more on his writing. Saunders\u2019 arrival, along with Flowers, came as a breath of fresh air for the creative writing program think between Arthur and me \u2013 both basically novice teachers \u2013 well, we sort of put out the fires with our general happy cluelessness,\u2019 Saunders said in an e-mail. \u2018We hadn\u2019t even been here, and the students knew this.\u2019 The teaching styles of the new professors differed from that of their predecessors. In summer 1995 learned through student and faculty testimony that Dobyns was the creator of a \u2018hostile environment\u2019 for the program. Dobyns said what students identified as a \u2018hostile environment\u2019 was just necessary criticism that they couldn\u2019t handle, according to a Dec. 3, 1997, story in The Daily Orange. The post-Dobyns professors provide tough criticism, but they lack the imposing delivery of the controversial figure. Third-year fiction graduate student Lisa Levy described Flowers as \u2018pathologically encouraging,\u2019 and she said Saunders can pick her work apart word by word without making her feel belittled. Levy first became interested in SU\u2019s program more than six years ago when she interviewed Saunders for an alternative newspaper in Houston, Texas. She said Saunders spoke \u2018lovingly\u2019 of his students. The professors\u2019 compassion for his students remained in the back of Levy\u2019s mind through three years of a grant writing job. When she decided to apply to an program in 2005 was one of the first to come to mind. Saunders\u2019 care for his students remains as strong today as it did six years ago do love my students,\u2019 Saunders said in an e-mail. \u2018What\u2019s not to love? They are smart and motivated and have had the courage to step away from life and try to do this very beautiful, odd thing, of trying to learn to write, in a culture that doesn\u2019t always appreciate good writing.\u2019 \u00b7\u00b7\u00b7 The Dobyns incident exposed the dangers of extracurricular relationships between students and professors in the creative writing program. Dobyns wrote in an April 4, 1997, \u2018Letter to the Editor\u2019 in The Chronicle of Higher Education that many professors he knew no longer attended informal student functions because of the potential complications. Dobyns\u2019 letter no longer holds true for the program. Bruce Smith, a poetry professor, meets with his students every Friday at King David\u2019s on Marshall Street. He said employees know him on a first-name basis because of the frequency of his informal student-professor sessions. Last winter, Smith drove an hour to Geneva, N.Y., in the middle of the night to pick up Matt Hotham, a 2007 graduate of the creative writing program at SU. Hotham\u2019s car had broken down, and with limited options, he called his professor for a ride. \u2018There\u2019s no real heroism here,\u2019 Smith said in an e-mail. \u2018He called me probably because had a functioning automobile, and he knew my life was so impoverished would probably be home.\u2019 Likewise, Kennedy started hosting coffee hours for faculty and students seven or eight years ago. The informal gatherings were initially held at a coffee shop on Harvard Place. Kennedy later moved coffee hour to his house on Westcott Avenue. He said as many as 25-30 people would attend the weekly social function. Conversation topics at the functions include everything from post plans to publishing strategies to Halloween party plans. Despite the influx of informal interaction among students and faculty, the program has yet to encounter a return to the times of Dobyns. James Gendron, a third-year poetry student, considers the peace surprising and laudable. \u2018Writing requires you to go off and spend a huge amount of time in your own head,\u2019 Gendron said. \u2018For that reason think it\u2019s almost remarkable how little infighting and backbiting and garbage there is.\u2019 Poetry professor Michael Burkard said sustaining peace among the faculty and students requires everyone to focus on the creative writing program\u2019s primary purpose: writing. \u2018We take our own writing so seriously,\u2019 Burkard said. \u2018With the demands of teaching and being in the university, you spend enough energy. You don\u2019t want to lose it to quarrels and backroom arguments that aren\u2019t gonna really be worth it in the long run.\u2019 Published on November 13, 2007 (/2007/11/13/) at 12:00 pm (HTTP://WWW.FACEBOOK.COM/SHARE.PHP?U=HTTPS%3A//DAILYORANGE.COM/2007/11 (HTTP://TWITTER.COM/INTENT/TWEET?URL=HTTPS%3A//DAILYORANGE.COM/2007/11 ORANGE&BODY=HTTP://DAILYORANGE.COM/2007/11 News ( On Campus ( campus/) City ( Crime ( State ( National ( Culture ( Slice of Life ( of-life/) From the Kitchen ( and-drink/) Beyond the Hill ( the-hill/) From the Stage ( pulp/) Sports ( Men's Basketball ( basketball-sports/) Women's Basketball ( basketball-sports/) Football ( Men's Lacrosse ( lacrosse-sports/) (/2025/02/bishop-bernard-alex- blends-political-realm-faith- community/) (/2025/02/opinion-return-to- physical-media-to-counter-online- uncertainty/) (/2025/02/syracuse-common- councilors-address-lead-water- crisis (/NEWS/CITY) Bishop Dr. H. Bernard Alex blends political realm with faith community (/2025/02/bishop-bernard- alex-blends-political-realm-faith-community/) By Arabella Klonowski \| February 20, 2025 Dr. H. Bernard Alex, bishop of Syracuse and leader of Victory Temple Fellowship Church, said he felt ties to the community at a young age. Read more \u00bb (/2025/02/bishop-bernard-alex-blends-political-realm-faith- community (/OPINIONS/COLUMNS) Opinion: Return to physical media to counter online uncertainty (/2025/02/opinion-return-to-physical- media-to-counter-online-uncertainty/) By Gray Reed \| February 19, 2025 Physical media acts as a way to preserve history without having to worry about the source material being edited to fit agendas. Read more \u00bb (/2025/02/opinion-return-to-physical-media-to-counter-online-uncertainty (/NEWS) Syracuse Commissioner of Water, common councilors address lead water crisis (/2025/02/syracuse-common-councilors-address- lead-water-crisis/) By Duncan Green \| February 20, 2025 Syracuse city officials face criticism from community advocates for delayed lead pipe replacements and mismanaged testing. Read more \u00bb (/2025/02/syracuse- common-councilors-address-lead-water-crisis/) Acts of Hate ( #NotAgainSU ( Israel-Hamas War ( war ( esf/) Obituary ( Interstate 81 ( Student Association ( association) Graduate Students ( students/) From the Studio ( columnists/entertainment/) Women's Lacrosse ( lacrosse-sports/) Softball ( Men's Soccer ( soccer-sports/) Women's Soccer ( soccer-sports/) Field Hockey ( hockey/) Ice Hockey ( hockey/) Rowing ( Track & Field ( field/) Tennis ( Volleyball ( Cross Country ( country/) Opinion ( Editorial Board ( board/) Columns ( Guest Column ( column/) Letters to the Editor ( to-editor/) Black Voices ( voices/) Latine Voices ( voices) International Voice ( LGBTQ+ Voices ( Listen to Stories of Survivors ( stories-of-survivors) Absence of Light ( of-light/) Syracuse Community ( community/) Media ( Podcasts ( Videos ( Galleries ( Tools (/tools) About (/about) Alumni ( Ad Rates (/adrates) Contact (/contact Feed ( E-mail Newsletter E-Mail address Submit The Daily Orange is Syracuse University\u2019s independent student news organization. Donating today will help ensure that the paper stays run by its student staff. ( 230 Euclid Avenue, Syracuse 13244 ( 315 443 2315 (tel:315-443-2315) \u00a9 2025 The Daily Orange Corporation", "7591_102.pdf": "( (/) ( policy prohibits faculty from dating undergrads, restricts professors\u2019 relationships with grad students By Jean Stevens (/writers/jean-stevens/) 21 years ago The student\u2019s eyes gaze into the professor\u2019s across a packed lecture hall. His returning smile hints at a possible rendezvous after class. Both daydream of beginning a romantic relationship. But if that daydream becomes reality, the professor risks more than a broken heart or one-night stand; he may face severe consequences, including the loss of his job, according to recent policies made at several universities. \u2018It\u2019s like a love affair gone bad,\u2019 said Diane Murphy, chairwoman of the Committee of Academic Freedom, Tenure and Professional Ethics, of the consequences that accompany a relationship new policy passed by the Regents of the University of California last July prohibits all professors and faculty from engaging in any sort of sexual or romantic relationship with their students. If any professor or faculty member violates this ban, the university will demand a letter of censure or a dismissal, according to a Los Angeles Times article. While many people on campuses consider the idea of a staff-and-student intimate relationship as taboo, which prevents many relationships from forming, most colleges do not have an explicit policy regarding these relationships and any resulting consequences. Ohio Wesleyan University, the College of William and Mary and Yale University each have relationship bans. Other schools, such as Syracuse University and Duke University, simply strongly urge school employees to avoid intimate relationships. SU\u2019s policy prohibits staff and faculty, including teaching assistants, from having intimate relationships with undergraduate students, but only strongly discourages these relationships with graduate students, according to the Faculty Manual Policies and Procedures feel like hear about this stuff going on all the time,\u2019 said Jamie Podhaizer, a senior marketing and international relations major who knew of a friend her freshman year who had a relationship with a TA. Podhaizer doesn\u2019t think a new policy would change the reality of student-faculty relationships, because relationships already form under SU\u2019s current policy. \u2018There are people who feel strongly that that\u2019s as far as we should go, and that we shouldn\u2019t be trying to legislate morality,\u2019 said Curlene Autrey, director of diversity and resolution processes in the Office of Human Resources. \u2018But some people feel it doesn\u2019t go far enough.\u2019 Many universities change their policies after a specific incident of sexual harassment on their campus. The idea for the California ban became an urgent issue in the fall of 2002 after a law student claimed that her former law professor, John P. Dwyer, fondled her after she passed out from drinking, according to the Times article. The case is similar to an incident at Syracuse University in 1995, when Jennifer Cotter, a graduate student studying English, claimed her professor, Stephen Dobyns, stared at her breasts, swore at her and threw his drink at her at an off- campus party, according to a Post-Standard article. The university suspended Dobyns, who admitted to his action but said it was not sexual harassment. He is no longer employed by the university. When Murphy wrote SU\u2019s policy in 1993, it was the only known policy of its kind at that time, Autrey said. \u2018The sentiment in 1993 that would probably prevail today is that people have the right to relationships,\u2019 Murphy said. \u2018So we put in as many protections as we can, short of prohibition.\u2019 If a consensual relationship develops, the authority figure in the relationship must report it to a supervisor to be monitored, Murphy said. The supervisor needs to ensure that the authority figure does not make recommendations for the student or treat the student any differently from anybody else he or she is overseeing. In many cases, the other person will be transferred from the authority figure\u2019s care. ( e=eyJ2IjoiMS4xMiIsImF2Ijo1NjI3MzExLCJhdCI6NTYzLCJidCI6MCwiY20iOjU2MDc0NjgwMiwiY2giOjU1NjA3LCJjayI6e30sImNyIjo2MjEzNDM3ODYsImRpIjoiMTYxNDFmM Many students joke about such intimate relationships, and may not consider their serious repercussions, which can range from favoritism to sexual harassment. \u2018It\u2019s often viewed as cute or interesting, but taken to the extreme, it can impact the student as well as other students,\u2019 Autrey said. The policy states that \u2018those with authority not abuse, nor seem to abuse, the power with which they are entrusted.\u2019 The student in the relationship is in a vulnerable position, and other students who become aware of the relationship may feel that that student will receive special treatment think that having a relationship with a or professor totally interferes with that professional, educational scene,\u2019 said Lauren Clingon, a sophomore biology major. \u2018The bottom line is, teachers and students should stay in their respective roles.\u2019 If a student complains about a relationship with a professor, he or she will not be at fault and face no consequences. But the university must step in and follow the steps of its sexual-harassment policy, which begins with an investigation team to determine whether the complaint could be a case of sexual harassment panel then investigates the case and recommends appropriate repercussions consensual relationship only becomes an issue when one of the parties says it is not consensual, and then it becomes an issue of sexual harassment,\u2019 Autrey said. If the student begins sexually harassing the authority figure, the sexual-harassment policy procedure should apply in the same way, Autrey said. Yet it would be dangerous for the authority figure to complain, because he or she is publicly admitting that he or she was involved in a consensual relationship. \u2018It\u2019s very different because the student does not have the same power,\u2019 Autrey said. Six grievances have been filed since 1993, but all were settled before reaching an official hearing, Murphy said. Three of the cases involved graduate students, and had SU\u2019s policy banned all forms of consensual relationships, those cases might not have arisen, she said. \u2018It\u2019d be a lot easier if we had outright prohibitions,\u2019 Murphy said. But an outright ban would force these relationships to go underground, where the university would have no control or responsibility to help the injured party, Autrey said. \u2018They\u2019re there to teach the kids,\u2019 said Dave Gomez, a junior biochemistry major who also works in a 121 lab as an assistant. \u2018They shouldn\u2019t cross that line.\u2019 But Malusi Qhobosheane, an food service worker, said if two people believe they are mature enough to separate work from romance, they should be allowed to have an intimate, consensual relationship. \u00b7\u00b7\u00b7 ( e=eyJ2IjoiMS4xMiIsImF2Ijo1NjI3MzExLCJhdCI6NTYzLCJidCI6MCwiY20iOjU2MDc0NjgwMiwiY2giOjU1NjA3LCJjayI6e30sImNyIjo2MjEzNDM3ODYsImRpIjoiMTYxNDFmM \u2018If you like an individual, there shouldn\u2019t be anything prohibiting you from spending time with that individual,\u2019 Qhobosheane said. \u2018It\u2019s a free country.\u2019 Published on October 28, 2003 (/2003/10/28/) at 12:00 pm (HTTP://WWW.FACEBOOK.COM/SHARE.PHP?U=HTTPS%3A//DAILYORANGE.COM/2003/10 (HTTP://TWITTER.COM/INTENT/TWEET?URL=HTTPS%3A//DAILYORANGE.COM/2003/10 ORANGE&BODY=HTTP://DAILYORANGE.COM/2003/10/SU-POLICY-PROHIBITS- FACULTY-FROM-DATING-UNDERGRADS-RESTRICTS-PROFESSORS-RELATIONSHIPS-WITH-GRAD-STUDENTS/) # % (/2025/02/bishop-bernard-alex- blends-political-realm-faith- community/) (/2025/02/opinion-return-to- physical-media-to-counter-online- uncertainty/) (/2025/02/syracuse-common (/NEWS/CITY) Bishop Dr. H. Bernard Alex blends political realm with faith community (/2025/02/bishop-bernard- alex-blends-political-realm-faith-community/) By Arabella Klonowski \| February 20, 2025 Dr. H. Bernard Alex, bishop of Syracuse and leader of Victory Temple Fellowship Church, said he felt ties to the community at a young age. Read more \u00bb (/2025/02/bishop-bernard-alex-blends-political-realm-faith- community (/OPINIONS/COLUMNS) Opinion: Return to physical media to counter online uncertainty (/2025/02/opinion-return-to-physical- media-to-counter-online-uncertainty/) By Gray Reed \| February 19, 2025 Physical media acts as a way to preserve history without having to worry about the source material being edited to fit agendas. Read more \u00bb (/2025/02/opinion-return-to-physical-media-to-counter-online-uncertainty (/NEWS) Syracuse Commissioner of Water, common councilors address lead water crisis (/2025/02/syracuse-common-councilors-address- lead-water-crisis/) By Duncan Green \| February 20, 2025 ( e=eyJ2IjoiMS4xMiIsImF2Ijo1NjI3MzExLCJhdCI6NTYzLCJidCI6MCwiY20iOjU2MDc0NjgwMiwiY2giOjU1NjA3LCJjayI6e30sImNyIjo2MjEzNDM3ODYsImRpIjoiMTYxNDFmM News ( On Campus ( campus/) City ( Crime ( State ( National ( Acts of Hate ( #NotAgainSU ( Israel-Hamas War ( war ( esf/) Obituary ( Interstate 81 ( Student Association ( association) Graduate Students ( students/) Culture ( Slice of Life ( of-life/) From the Kitchen ( and-drink/) Beyond the Hill ( the-hill/) From the Stage ( pulp/) From the Studio ( columnists/entertainment/) Sports ( Men's Basketball ( basketball-sports/) Women's Basketball ( basketball-sports/) Football ( Men's Lacrosse ( lacrosse-sports/) Women's Lacrosse ( lacrosse-sports/) Softball ( Men's Soccer ( soccer-sports/) Women's Soccer ( soccer-sports/) Field Hockey ( hockey/) Ice Hockey ( hockey/) Rowing ( Track & Field ( field/) Tennis ( Volleyball ( Cross Country ( country/) Opinion ( Editorial Board ( board/) Columns ( Media ( Podcasts ( Videos ( Galleries ( Tools (/tools) About (/about) Alumni ( Ad Rates (/adrates) Contact (/contact Feed ( councilors-address-lead-water- crisis/) Syracuse city officials face criticism from community advocates for delayed lead pipe replacements and mismanaged testing. Read more \u00bb (/2025/02/syracuse- common-councilors-address-lead-water-crisis/) ( e=eyJ2IjoiMS4xMiIsImF2Ijo1NjI3MzExLCJhdCI6NTYzLCJidCI6MCwiY20iOjU2MDc0NjgwMiwiY2giOjU1NjA3LCJjayI6e30sImNyIjo2MjEzNDM3ODYsImRpIjoiMTYxNDFmM Guest Column ( column/) Letters to the Editor ( to-editor/) Black Voices ( voices/) Latine Voices ( voices) International Voice ( LGBTQ+ Voices ( Listen to Stories of Survivors ( stories-of-survivors) Absence of Light ( of-light/) Syracuse Community ( community/) E-mail Newsletter E-Mail address Submit The Daily Orange is Syracuse University\u2019s independent student news organization. Donating today will help ensure that the paper stays run by its student staff. ( 230 Euclid Avenue, Syracuse 13244 ( 315 443 2315 (tel:315-443-2315) \u00a9 2025 The Daily Orange Corporation ( e=eyJ2IjoiMS4xMiIsImF2Ijo1NjI3MzExLCJhdCI6NTYzLCJidCI6MCwiY20iOjU2MDc0NjgwMiwiY2giOjU1NjA3LCJjayI6e30sImNyIjo2MjEzNDM3ODYsImRpIjoiMTYxNDFmM", "7591_103.pdf": "(/) Jennifer Colville White Ink and the Great American Macho Volume 49, Issue 2 \| Fall 2019 (/issue/volume-49-issue-2-fall- 2019) Photograph by Jasmine Schreiber on Unsplash Every woman has known the torment of getting up to speak. Her heart racing, at times entirely lost for words, ground and language slipping away double distress, for even if she transgresses, her words fall almost (/VETERANS) 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 1/26 always upon the deaf male ear, which hears in language only that which speaks in the masculine. \u2014H\u00e9l\u00e8ne Cixous, \u201cThe Laugh of the Medusa\u201d Syracuse was a city that, to me, felt opulent with decay. Its downtown held traces of old wealth\u2014the \u201coriental\u201d opera house with its green and gold mural of mermaids\u2014the paint peeling off their scales. There were the marbled lobbies and death-trap art deco elevators; the Technicolor summers that seemed to bloom harder in anticipation of winter and the erasures of its lake- effect snow remember the acid-orange daylilies. The green fortress that hid the enchanted lake where taught swimming lessons. Hid it from the plastic and chemical companies that offloaded mercury into the Onondaga, the dead lake, that lay silent and smelly along the backside of the mega mall. There was the fact that was twenty-three, a writer, and from the desert\u2014a place of flat horizons and wide-open space\u2014who had come to find herself in a relatively ancient city. There was my hubris over attending a premier program, housed in a gothicy stone castle atop a hill that looked down on a struggling populace, amid which rented a room first meet the man, or one of them anyway In the fall of 1997 walk to an underground caf\u00e9 for our department\u2019s annual welcome event for new and continuing students remember stepping down into the dark of these subterranean caf\u00e9s, and the queasy girding feeling of shucking off summer, and submerging into a self-imposed seriousness that had to do with my idea of what it meant to be a writer, and the shifts in upstate weather. Yet I\u2019m excited. It\u2019s my third year in the program, and think have grit and experience. I\u2019ve hung in through the fallout from a nationally publicized sexual harassment scandal, and the departure of my two favorite professors. I\u2019m a survivor amid intrigue and competitors. And importantly, I\u2019ve managed at least one good friend. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 2/26 imagine us: My friend wears a checked smock with ruffles and tennis shoes wear horn-rimmed librarian glasses and cowboy shirt. Both our outfits are calibrated to offset their feminine components with irony. I\u2019ve recently been told I\u2019m \u201cpretty, but not that pretty\u201d by an aspiring male writer. My friend has been called \u201cangel food cake.\u201d As enter make a beeline to Angel Food Cake because together we are less assessable. Especially if we appear to be scanning the room ourselves. We note the newbies; we note especially the appearance of Junot D\u00edaz, freshly hired faculty, rising star see D\u00edaz pull away from a group and approach too suddenly, but before lose courage. At this point in my life often rush and say all I\u2019ve got before it gets back-channeled, and doesn\u2019t come out at all introduce myself as a third-year student and ask D\u00edaz if he\u2019d consider being my thesis advisor. He gives me a \u201cwhoa there\u201d look, a quick up and down. Asks, \u201cYou\u2019re a student?\u201d even though I\u2019ve just said so. When say \u201cYes,\u201d he lifts his chin and says, \u201cWhy don\u2019t you ask Professor or tell him and have only been in the program one year tell him that the woman would have worked with resigned as part of the fallout of the sexual harassment suit against the poetry professor Stephen Dobyns tell him that she sided with the woman who pressed charges and was ostracized for it. In the same breath tell him liked his stories in Drown, though this is not completely true liked some of the stories expand to say liked the stories written from the child\u2019s point of view; that was writing about young people, girls in particular, and loved how Sandra Cisneros structured her stories around poetic moments. He puts up his hand up for me to stop and shakes his head. He says don\u2019t write like Sandra Cisneros don\u2019t do moments do movement get my mistake. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 3/26 He thinks I\u2019m lumping him with Cisneros because they\u2019re both Latinx. And maybe am. Heat shoots to my face, and someone new moves in. As turn to go he says, \u201cWait.\u201d And here I\u2019m d\u00e9j\u00e0 vu-ing, to another creative writing professor, my undergraduate professor\u2014it\u2019s this beckoning only after I\u2019ve turned away that\u2019s too familiar. It makes me suspect he sees something he likes in my vulnerability. He says, \u201cCome by my office caveat and a statement of purpose need to say up front that my relationship with Junot D\u00edaz did not cross any obvious student-teacher lines. This will not be a striptease of a narrative in which the details get more and more salacious. D\u00edaz did not hit on me, and he did nothing that know of to damage my career. My interactions with him fall in the gray area where subtle and institutionally supported sexism lives. In my life they had taken the form of a half-written footnote, tucked away, neutralized, until was asked about writing this essay. Which did not think would write. But then did story came to me through other stories tenuous line that emerged through clusters of details; memories anchored by images of undergrad and graduate workshops; of D\u00edaz, of interactions with peers and other creative writing professors, an accumulation of instances of sexual harassment and sexism. So many they started to vibrate in tandem with my smaller story of D\u00edaz (and the larger story of D\u00edaz was reading about in the news saw that my experience, imbued as it was with new perspective, could serve as scaffolding, a vehicle through which could channel memories of how it felt to be an emerging yet often failed feminist in the cowboy culture of the turn-of- the-century world; a culture with a de-emphasis on critical thinking, a culture that still supported the myth of male genius. There were memories too, of how it felt to be a woman who wanted, in both style and subject matter, to write around masculine norms in an academic world that vaunted a particularly macho style of dirty realism. Yet to talk about these things need to talk about my own reading and writing and how it developed alongside and 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 4/26 in reaction to this culture. My own fledgling ideas about pedagogy. So hope you will bear with me, because in the end this essay is less about D\u00edaz, than it is about the complexities of the culture, or than it is about me couple moments In the spring of \u201999 I\u2019m hired to teach a full load of classes at a large community college in my hometown, Tucson, Arizona consider this my first \u201creal job,\u201d a job to justify my to my family, and I\u2019m excited and proud until realize I\u2019m not sure I\u2019ve officially graduated call the head of my department and explain that though sent a copy of my thesis to D\u00edaz at both his campus and home address, it had been five months, and hadn\u2019t heard back. \u201cWhat,\u201d states the department head. She\u2019s new to her position and not of the species creative writer. She is a literature professor explain that things might have gotten jumbled because took two months extra to complete the thesis was hit by a car had some corresponding trouble with anxiety don\u2019t tell her that midway through spring semester D\u00edaz had stopped returning my messages, had for all intents and purposes, dropped out of being my thesis advisor don\u2019t tell her this because the precipitating incident was clouded with embarrassment, half buried, and hazily understood. But she stops me anyway and says, \u201cDon\u2019t apologize. You should have received word.\u201d She says she\u2019ll send me something can use as a credential. This woman barely know has become my hero. \u2022 \u2022 \u2022 At my new job I\u2019m teaching a unit on Latina writers, and I\u2019ve been sensing frustration, the rumblings of a \u201ctoo many women on the syllabus\u201d complaint. One day in a rush grab Junot\u2019s book off my shelf and head to work to make copies of a story. As continue to class start to think about telling the students Junot had been my advisor think it might give me some credibility few more steps and bristle, irritated at the thought. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 5/26 What would it mean wonder, to use Junot\u2019s name to garner respect? Respect that would have nothing to do with me as a teacher, with the careful annotations made on students\u2019 papers, the mapping of possible arguments, when D\u00edaz wrote nearly nothing on the pages I\u2019d given him? What was it, to gain respect via a man who (when knew him) modeled what was coming to see as a masculine non-teaching style status quo of creative writing teachers who operated as personalities, from whom students hoped to absorb wisdom, for occasionally they would offer a self-mythologizing story to make us feel \u201cOh that\u2019s how should act to be a writer!\u201d Teachers who floated on male privilege or fame, who did the minimum required, because teaching is a feminine practice? Or because the idea that \u201cwriting can\u2019t be taught\u201d still floated around like an enabling cowboy ether? What would it mean to garner respect via an advisor who (it hits me at this moment) didn\u2019t even read my thesis? Inside the class watch student faces as hand out the photocopied essay. Seeing nothing state, \u201cJunot D\u00edaz was my teacher.\u201d They look at me as if to say, \u201cSo?\u201d The following class period, after the students have taken home the story to read, a young Latino man, bright and cheerful, one of the few students who talks in class, explodes. He says make them read only essays by women, and when finally bring one in by a Latino it makes them look like rapists remember the young man yelling at me clearly, though don\u2019t remember what did in response, and didn\u2019t remember that the story he was yelling about was \u201cYsrael\u201d until recently hadn\u2019t fully understood the mechanics behind \u201cYsrael\u201d until recently either\u2014the way its Garden of Eden setting works to naturalize rather than contextualize male violence. Or how through narrative economy, it meshes girls with holes, and with the disfigured \u201cno- face\u201d of its title character do remember that the first time read \u201cYsrael\u201d was the summer before decided to ask Junot to be my thesis advisor, and that reading it made me uncomfortable, set off alarm bells that proceeded to mostly ignore. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 6/26 Also at that point was fresh from an undergraduate experience in which my creative writing thesis advisor was enamored with Raymond Carver, and was enamored with my creative writing thesis advisor can remember reading Carver\u2019s stories and feeling similarly disturbed. Yet my undergraduate professor (my \u201cfriend,\u201d and someone kept in touch with) claimed a story\u2019s ability to disturb was ultimately a proof of the brilliance of its form. Form trumped upsetting images; trumped the inconveniently discovered body of a dead woman who must be anchored to the side of a river so the male characters can go on with their fishing date see now that \u201cYsrael\u201d was a type of story that was still much lauded in the \u201990s, that borrowed from Carver, who borrowed from Hemingway, and in which narrative economy and showing vs. telling reigns. It\u2019s the type of story that trained young writers to read for plot and to leave images or detail unpacked, no matter how disturbing, no matter what information they contained. My student now see, was on to something. Searching for a feminist form Early in my program, before D\u00edaz has been hired, I\u2019m working through my vexations with traditional narrative, with its emphasis on economy, on whittling all but the necessary elements so the trajectory of events seems sleek, smooth, and inevitable. The untangling of a line in a move toward truth like tangles like the peripheral characters like Ophelia, or the apparition of a woman in Hemingway\u2019s Clean, Well-Lighted Place\u201d as she\u2019s forcibly escorted off the road by a soldier. What will happen to her like plots that don\u2019t rely on cutting out, but on discovery, inclusion, or building in like stories that take on more than they can comfortably handle, that have lumps or curves where they would otherwise be smooth. Structures like the unruly bodies of men or women don\u2019t like the lie that the \u201cnecessary\u201d elements of plot pre-exist in a natural order to be uncovered like platonic truths, or a natural movement within the universe. Especially as we are being taught how to finagle them through trial and error, juxtaposition, measuring and weighing. It is all artistry. Why not say so want a form that lets the artistry of the process peek through. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 7/26 At this point have two teachers at Syracuse, Michael Martone and Melanie Rae Thon, whom admire. Both encourage us to look at form, process, and the role of a writer from different political and cultural angles. With them, it\u2019s easy to start thinking about the ways in which different forms or aesthetics have been gendered and thus relegated to higher or lower positions in our cultural regard. I\u2019ve mapped out and presented on what call a feminist structure, a structure that deliberately foregrounds the marginalized \u201cfeminine\u201d elements, a structure based on metaphor, or interlinking images that accumulate, multiply, yet still contain or bind meaning single image has many vectors. Find a way to link two images, or three or four, and you have a network, a universe of associations, a capacious container imagine this potential structure like that net of starlings in Virginia Woolf\u2019s \u201cThe Death of the Moth,\u201d those interwoven black knots collapsing and expanding, like a lung against the sky. My presentation is well received, although when two of my male workshop-mates start to reference it as my \u201cwomb theory balk. All of the single women in the program are subject to teasing by our male cohort\u2014with a friend, it\u2019s about her Venus of Willendorf key chain, or the fact that she had a Lisa Loeb song threaded into her mixtape alongside the approved (more masculine Harvey. With me it\u2019s for spending time in the feminist bookstore, which also happens to sell crystals and greeting cards of coyotes howling at the moon. On a date one man tells me, unprompted, \u201cYou know there\u2019s no actual proof that matriarchal societies ever existed wish I\u2019d said, \u201cIn a thousand years there will be no proof that you existed either.\u201d Or, \u201cRead Gloria Anzald\u00faa and Anna Castillo on how logocentric thought whittled away the complexity of the nonbinary Mesoamerican goddesses.\u201d But don\u2019t. I\u2019ve always already begun to doubt myself. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 8/26 For class still write in a way feel is more associative than linear, more expansive than economic. But falter perhaps and chose the word modular over womb. Do do this because it came preapproved in an essay by Madison Smartt Bell, a man? Womb is essentialist, not all women identify with or even have wombs. But do throw it out for a masculine-sounding term coined by a man? Later try the word \u201ccrot\u201d from Robert Coover, and later, as a doctoral candidate studying narrative theory search for words in Aristotle, Propp, and Bakhtin light up at the notion of Barthes\u2019s starred texts\u2014text as a galaxy of recycled fragments, an image that doesn\u2019t privilege structure over detail. But, Bell to Coover, to Bakhtin, to Barthes start to wonder, \u201cWhere are the women in this?\u201d Is it only men who mark the path, coin the terms for the way we tell stories? The fall of Syracuse, Rome heard about the sexual harassment scandal just a couple months before was set to drive across the country to Syracuse. This was after I\u2019d turned down several programs including the Iowa Writers\u2019 Workshop because I\u2019d heard it was hard on women. I\u2019d chosen Syracuse for several good reasons, and one bad: for its full funding, small class size, the voice of Melanie Rae Thon who called me on the phone to tell me I\u2019d been accepted, and more stupidly, because my \u201cfriend,\u201d I\u2019ll call him Undergraduate Professor, had taken a job nearby, and would try to come and visit. In Tucson the scandal reached me through a bundle of newspaper clippings mailed by an anonymous sender and made a vivid, fractured, experimental movie impression. In this film saw poetry and fiction professor Stephen Dobyns, distinguished, smug, lose it in the middle of an argument with an attractive, smart, twenty-four-year-old Jennifer Cotter. The event took place at a post-reading creative writing party, hosted, as per usual, at Dobyns\u2019s house. According to all accounts there was an argument. According to Dobyns, Cotter insulted his writing. According to Cotter, Dobyns told his friend, the visiting writer standing next to him, to \u201cstop looking at her breasts.\u201d By two accounts Dobyns called Cotter \u201ca stupid Stalinist bitch.\u201d By all accounts he threw a drink in her face. 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 9/26 After a hearing in which more students came forward with stories of a hostile, overtly sexist environment in workshops, Dobyns had been ordered by the English department to take a two-year leave of absence and to do community service for women\u2019s organizations. The Marxist collective (to which Cotter belonged) was quick to point out in a university op-ed that this was essentially a paid vacation. Meanwhile packed my rickety Honda in Tucson, thinking: the creepy guy will at least be gone for the next two years. Wasn\u2019t it a positive sign that the university had found him guilty of sexual harassment, this vague thing that gave me a stomachache, was much ridiculed by clever writers, but knew existed, and probably had experienced? Yet as drove across country was haunted by the line, \u201cStop looking at her breasts.\u201d It was the imagined nastiness of a professor trying to fob his aggressive gaze off onto a visiting writer, but simultaneously claiming it. In order to know his friend was looking, he had to have been looking too. To me the line said am not just looking am making it known that both and another man are looking at your breasts so you will know that we think nothing of your argument, of your words, because to us you are just this. Breasts. The newspaper articles had been flimsy and foldable, and made what had happened seem dramatic yet contained. It wasn\u2019t. Entering the program was like entering a cold-war zone laden with interpersonal minefields. There were hidden alliances and misalliances; the sensed possibility of alienating one professor by choosing another. There were broken friendships among the students and faculty, ghostly students who had testified against Dobyns, whose names were mentioned but whom never saw inside our gray castle or underground, in Syracuse\u2019s subterranean caf\u00e9s. I\u2019d be remiss though, not to admit that the mystery and intrigue had its uses. My incoming class of six fiction writers was intense, spirited, and self- important. Self-important perhaps in direct relation to our insecurity about becoming writers. But our jockeying for position (our not uncommon brattiness) was minimized, in part because we all had funding, and in part because our first two workshop professors refused to pick favorites, or to 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 10/26 judge or rank us by a single standard, as would become a problem with our final and more famous professor in our second year. Our first professors told us we were chosen because of our different aesthetics and how we might learn from and challenge each other. This made us feel seen, and in turn bolstered our camaraderie. There were scuffles: the two man-boys who hijacked discussions with recitations of unrelated theory. There were snarky comments involving analysis of people\u2019s personalities\u2014whether that be passive- aggressive, depressive, or addictive, and how that might be coming out in said person\u2019s writing or feedback. But we were mostly ready (in those first two workshops) to make a go of it as a group. And this was helped by the fact that we were new, outsiders to the main event of the scandal. We bonded partly like a pack of siblings whose parents go through divorce, and partly because of the intrigue. We huddled in caf\u00e9s in the otherwise lonely midwinter (these huddle sessions were one of the things that got me through) and from our outsider position tried to draw clear lines. Our group-think was this: that the faculty had been divided along political power lines. On one side there was the \u201cold boys club\u201d; this group included the more famous writers, with larger paychecks and lighter teaching loads who went back to the days when Raymond Carver walked the halls and who loved to evoke his presence. The old boys supported Dobyns. He was their friend who had a problem with drinking, but, \u201cWho didn\u2019t?\u201d they said. Dobyns was the social center of the program. He was the one who threw the parties, and whose personality was at times \u201csalty\u201d (to borrow Francine Prose\u2019s supportive description of him in an opinion piece for the New York Times). But he was often charismatic. We, or perhaps just I, imagined the old boys saw him as a mascot\u2014an emblem of writerly male genius (he was widely published across genres) who would allow the old ways to go unexamined. The egos and drinking, unthoughtful teaching, and unilateral decision- making. He would allow the status quo to go uncritiqued. On the other side of our line were the faculty whose writing and thinking were more progressive. Their classes included more texts by women and writers of color, and their style invited critical inquiry. Just after the scandal, Michael 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 11/26 Martone offered a class called \u201cConstructing the Author\u201d that paired male and female versions of the writer\u2019s life to striking effect; Hemingway\u2019s Moveable Feast was paired with Stein\u2019s The Autobiography of Alice B. Toklas, and Kerouac\u2019s On the Road with Joyce Johnson\u2019s Minor Characters. These pairings invited us to examine the aura of the author, not just in a general sense. They showed starkly whom the authorial notion of genius excluded, and the macho behavior it enabled. Melanie Rae Thon\u2019s class reading revolved around themes of social justice. We read James Baldwin, Anna Deavere Smith, and Carolyn Forch\u00e9. And Thon wrote copious comments on our drafts. She gave us the gift of careful reading, querying, and suggestion. Again, she gave us the gift of being witnessed, feeling seen. Not surprisingly, these professors supported the woman who brought the charges, and the several other students who came forward with additional stories of hostile, sexist remarks, or descriptions of the unproductive environment in Dobyns\u2019s workshops. We supported these professors because we heard how one of them was the victim of harassing phone calls; how one of them had been so berated at a meeting by two of the program\u2019s old boys, that he\u2019d cried uncontrollably, volubly inside his office. We supported them because they were teachers who encouraged us to support one another, didn\u2019t treat us as winning or losing racehorses, but as developing human beings. We supported them because they didn\u2019t play the part of figurehead or outsized personality, or consider their fame and the way it helped facilitate the program\u2019s large endowments their raison d\u2019\u00eatre within the program supported them because saw them standing against power, standing with the students even though they had much to lose saw them as standing metaphorically against what had happened (and was still happening) with me. These two professors did leave, after being bullied, and ostracized, and when their proposals to examine the culture that led to the problem were shot down. Yet in their leaving, we found we had a role to play. We became more political, turned the energy spent on petty squabbles outward. The two theory boys wrote letters to the head of English and the dean to wrangle an extra 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 12/26 student seat on the hiring committee forming to replace our professors took that seat and shuttled back and forth between students and faculty, trying to bring student concerns to the table. For this overheard one committee member call me delightfully persistent, though felt he could have added \u201cin the face of futility,\u201d for our program\u2019s most famous old boy since Dobyns\u2019s departure had already turned to me in a meeting and yelled, Donald Trump\u2013 style, \u201cDecisions are not made by groups, they are made by individuals!\u201d \u2022 \u2022 \u2022 That year we ended up hiring two men. We\u2019d had plenty of female candidates. Lan Samantha Chang, Diana Abu-Jaber, Julie Schumacher. Lydia Davis had applied and was not granted an interview. Despite this, and though had fought for a woman felt about the hires. They were men whose different cultural backgrounds and writing styles brought diversity to the program; and they were in fact men who (after Famous Old Boy, of the hiring committee, left for a better job) would work to cultivate a renewed trust between students and teachers; who would help heal the program\u2019s broken spirit. Though this didn\u2019t happen overnight. When a third space opened up, in the following year, one that should have been filled by a woman, another man was hired. This was Junot D\u00edaz was thick into writing a thesis set in the homes of my childhood girlfriends. It was about our fights, and friendships; our different economic statuses, sexualities, and mighty attempts at self-definition was trying to write an honest impressionistic interiority, that space inside a female-identified person that Western thought designates as empty was trying to write in a less traditionally masculine-identified kind of prose. Yet the problem, as saw it, wasn\u2019t just that didn\u2019t think men could relate knew some men could empathize and read with curiosity and openness. It was that even the most liberal men, the \u201cfeminists,\u201d had often no qualms about assuming what wrote was autobiography, which is an invasion of privacy, 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 13/26 really, when one presents her work as fiction. Furthermore, there were those who saw themselves in the male characters, the lovers and the fathers; there were the men who fancied was writing about them remember a story from a woman who\u2019d been in workshop with Dobyns. She was one of the ghostly MIAs, who after testifying about her experience had been \u201cin hiding,\u201d but agreed to meet me and two friends for coffee. She was pale and fragile-boned yet spoke firmly and fiercely. She told us that for a long time she\u2019d been trying to write a series of poems about an older family member\u2019s abusive behavior toward her. She\u2019d come to the program to write these very poems, to find a safe space, the distance from home in which they could live, falter, and grow. Dobyns had taken her aside after workshop and accused her of using the poems passive-aggressively. He insisted that the family member in the poem was a vehicle through which she could vent her feelings toward him. He insisted, in other words, that he was the poems\u2019 father, and was angry about it. He asked her to stop writing them, and for a while she did. Navigating Junot D\u00edaz In the fall of 1997 start to work with Junot D\u00edaz, though my guard is up. I\u2019ve read Drown and been disturbed by \u201cYsrael.\u201d But loved (and still love) the stories \u201cFiesta, 1980\u201d and \u201cNegocios,\u201d and hope he\u2019ll have insight into writing from a child\u2019s point of view. Furthermore, I\u2019d been detecting hints of misogyny in literature my entire reading life. I\u2019d become familiar with the experience of being dazzled and disturbed in quick succession; being pulled in by charisma, or a glimmer of humanity, and then thrust out by asides about a woman\u2019s fat ankles, or inability to urinate with ease. This had happened in high school English class with Nathaniel Hawthorne\u2019s \u201cThe Birth-Mark\u201d and Updike\u2019s \u201cA&P\u201d; in college and beyond with Bukowski, Hemingway, and Carver. It felt almost, dare say, natural. Or, at least naturalized by a particular kind of writing type of realism that would slip the sexism deftly into metaphor, a breathlessly compact don\u2019t know what just hit me) showing vs. telling type of short story. The kind of story that \u201cYsrael\u201d was, but that other stories in the collection were not imagined could approach D\u00edaz 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 14/26 the man in the same way approached reading his book, and reading literature in general\u2014as a scavenger could gloss over the degrading bits, picking up what wisdom could, but being wary of the entire package. And this approach was manageable, for the most part. D\u00edaz, the man, was a writer and as such, mostly in control of his script. He knew how to say just enough to test or destabilize, and how to say it in a way that could conceal sadistic intent. He didn\u2019t say much that couldn\u2019t be brushed off as part of his street style, or \u201cup front\u201d charm. And to be fair was cocky too had my defenses, though they had little to do with smarts or savvy. My best defense\u2014made clearer to me after reading the reports of his aggression toward mostly women of color\u2014was being white. This was also Junot\u2019s first full-time teaching gig. Most programs (he\u2019d gone through Cornell) offered no teacher training, an omission that still exists in many top-tier programs. An omission that allows the old boy, or cult-of- personality, non-teaching model to keep restaging itself. This is the model Junot acted out, the model he inherited and assumed as natural, albeit slightly differently from Famous Old Boy. Junot had a veil of progressiveness. Every once in a while he would throw me a \u201cyou go girl\u201d bone. Once after cut my hair short he said, \u201cYou look fierce.\u201d The same comment Yunior makes to a character he has failed to sleep with in Drown. And I\u2019ll admit was flattered. But most of his comments were memorable in that they felt geared to test my power or throw me off. The first time met with him rushed into his office out of breath and he said, \u201cUh oh know a nervous breakdown when see one.\u201d I\u2019d been running there to meet him was red-faced and late managed to say, \u201cWhy are you so good at knowing nervous breakdowns?\u201d Once in conference when brought him a story about a group of boys\u2019 ranking of \u201chot\u201d girls in high school, he turned to me as if commiserating, or finally gleaning the true and trivial motivation of my work and said, \u201cThat\u2019s the hardest thing for girls, when they are pretty but not beautiful.\u201d 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 15/26 In an early meeting, perhaps out of insecurity over his own liberal credentials, perhaps in trying to suss out where stood, he casually told me that my cohort, my partners in rebellion, were the most apolitical group of students he\u2019d ever seen. And erupted told him how we\u2019d fought to get a second student on the hiring committee (me!), had organized to hire for diversity, how I\u2019d sacrificed my relationship with Famous Old Boy by telling him thought he was part of a bully ring told Junot that, at that very moment, we were organizing a regular women\u2019s night to share stories, and build alliances, since, ahem, after the harassment event and fallout, we had hired three men. Part of me hoped my outburst would make him think was cool. It\u2019s more likely that it made him start to think was someone to be careful with. Perhaps because of my outburst, my meetings with D\u00edaz were not of the \u201clet\u2019s sit down and talk about your particular project\u201d type, but more of the \u201cthis works, I\u2019m not feeling that we\u2019re done\u201d variety kind of meeting that gave the illusion of accomplishing something, but left me feeling (after pouring my heart into my stories) shortchanged. But this style was not unusual. It echoed my meetings with Famous Old Boy, and occasionally Undergraduate Professor (if he was in a mood). Also similar to Famous Old Boy and Undergraduate Professor, D\u00edaz\u2019s comments on my stories were of the most minimal that could exist and still be called comments. D\u00edaz underlined passages on my stories next to which he wrote \u201cno,\u201d or \u201cyes.\u201d Famous Old Boy used mysterious check marks. Undergraduate Professor used exclamation marks, and the periodic \u201clovely,\u201d which thrilled me at the time, left me in suspense over what he might mean. When brought in stories that experimented with form, that engaged my womb, or modular, or crot ideas, D\u00edaz didn\u2019t read them. Once he said, \u201cThis story isn\u2019t ready for workshop,\u201d even though an earlier version had been thoughtfully workshopped in a previous class. The second time he said, \u201cSorry guess I\u2019m not that smart.\u201d And though was disappointed forgave him. It was an admittance that it wasn\u2019t his thing. It was an admittance craved after being in workshop with Famous Old Boy, who had dismissed a piece of modernist writing brought to show the class as an example of a story 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 16/26 admired. It was a story by the experimental writer Janet Kauffman. It had been published, yet Famous Old Boy claimed it \u201cjust wasn\u2019t working.\u201d In addition, when brought up my enthusiasm for feminist writer Carole Maso, he dismissed her writing as \u201cpretty fluff.\u201d This, in turn, echoed dismissive descriptions of women writers from Undergraduate Professor: Joyce Carol Oates had \u201cverbal diarrhea,\u201d and Alice Munro was \u201cboring.\u201d \u2022 \u2022 \u2022 When started working with Junot, my stories were getting longer and harder to sustain through a network of images wondered if my \u201cwomb theory\u201d and plot were not mutually exclusive. Junot had corrected me the first night met him. He said he specialized in \u201cmovement,\u201d not \u201cmoments.\u201d So tried to engage him on his own territory asked him if he would talk to me about plot. D\u00edaz advised (I\u2019m not sure what was expecting) that do the opposite of what had been doing. He said to write fast, and nonassociatively, to forget the detail, to move from event to event, to capture, \u201cbag-up\u201d the whole span of the story in one sitting, and then go back in and attach details. OK, yes, it was a hunting metaphor. OK, yes, this was basically Aristotle (though didn\u2019t know it at the time). In The Poetics, Aristotle writes, \u201cThe most beautiful colors laid on confusedly will not give as much pleasure as the chalk outline,\u201d and continues to rank descriptive detail as least important among dramatic elements. This was Aristotle, for whom detail is to confused female matter as the chalk outline is to the superior masculine form. Well, sensing the sexism in this still tried it tried it with no clear sense of the complicated mechanics behind plot, but thinking that writing a story in one night sounded great. We\u2019ve all seen the movies in which writers pound feverishly on typewriters while downing whiskey. Who hasn\u2019t hoped to write in a flurry of inspiration? Who wouldn\u2019t want to identify the central conflict, locate the source of dramatic irony, the moment of recognition and reversal, to assign backstory and front story all in the span of a few feverishly inspired hours? 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 17/26 Of course failed started looking for help elsewhere reached out to one of the first new hires. He had offered his help, after I\u2019d chosen Junot as my thesis advisor. He apologized for not reaching out earlier; he said he felt nervous about approaching women students due to the sexual harassment scandal took his help and benefited from it. And reconnected with my workshop-mates who were toiling away in their own snowy bubbles of post- class isolation. The story of a story within a story But then something happened wrote a speed story that worked\u2014that felt connected both through its imagery and plot. But was worried because it was more autobiographical than my other stories had been. It was a story I\u2019d been trying to write for years, about my relationship with Undergraduate Professor. It was a story about how lost my virginity at the old age of twenty-one to Carver-loving Undergraduate Professor (because was too much of a geek to lose it to anyone else; because I\u2019d had encounters with boys that felt unsafe, but a man, a man who was often kind to me, who thought saw me in all my burgeoning writerhood\u2014he would be different). The story was about how I\u2019d waited to approach him until I\u2019d turned in my last paper, how was a mixture of frightened and brave; yet so living in my head that he didn\u2019t know it was coming. It was about me being vulnerable, floating in the space of \u201cwhat do do with my life?\u201d and the confused way in which thought maybe, if we fell in love, which was counting on, he could teach me how to live as a writer thought that my being with him would validate my decision to write, for myself and the concerned members of my family had planned on not returning home had planned on moving into his sexy apartment, up on a hill in Los Angeles knew he slept with other students, but thought was special. After all, he\u2019d been sending me signals, cultivating a friendly flirtation, asking me out (in ambiguous ways) for three years. The story had several iterations, two of which brought to other workshops, and although they were treated objectively in class, after a workshop at a community college, an older woman tapped me on the shoulder and 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 18/26 recommended a therapist. Another time, two of my workshop-mates saw themselves in the description of the professor. Similarly yet differently from Dobyns, they thought it was my way of passive-aggressively pointing out their vanities. It was \u201cOK\u201d though, they told me. It was a clever send-up of the narcissism involved in being a writer. They were mostly flattered. This new version was better than the others. In writing it I\u2019d caught a glimpse of the abuse of power at the heart of the situation, how despite thinking was in charge had timed it had finally confronted his advances and asked him out) I\u2019d still been a victim saw that in seeing me as an off-and-on conquest of three years my professor hadn\u2019t necessarily seen me at all was proud of the way the story unfolded to show Undergraduate Professor and me (student) embodying different narrative styles. The \u201cI\u201d of the story goes on the first date without a definite goal, hoping the night will be one of exploration and expansion, versus the professor who seizes on my (the narrator\u2019s) confession of virginity as the solution to the tortuous ambiguity she\u2019s set before him\u2014he sees where he thinks he is needed, will gladly do the honor, and then will be done gave the story to Junot because imagined I\u2019d written it under his guidance, or at least the dictates of his fast-writing advice. And he was, after all, my thesis advisor. But was worried that he\u2019d imagine the professor character as himself, or worse, think was inviting him to think that way. That had this worry wasn\u2019t his fault, but the result of boundary crossing by Undergraduate Professor. Anytime sat privately with a man in conference planned what wore to be modest acted with a stiff shield of formality anticipated that giving this story to D\u00edaz would feel like a letting down of my guard, letting the sloppy embarrassed parts of myself gush out before him. My response to this worry was to work harder on the story, to make sure all the seams were tightened, to make sure it felt complete, an object to be examined as a piece of art gave it to Junot, because felt it was the best thing I\u2019d written so far. D\u00edaz arranged for us to meet at the local caf\u00e9 this time, not at his office. And he didn\u2019t greet me as he usually did. He was eating a large salad, the kind I\u2019d eventually be able to buy, and the kind my students in Tucson would tease me 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 19/26 about as being very gringa. The story sat beside the salad on the table. \u201cThis is a good story,\u201d he said after he finished chewing, \u201cbut what are you trying to do with this remember the head tilt, the suspicious gaze, and what heard from his manner, from the space of my ruptured boundaries, was, \u201cWhat are you getting at? Are you proposing something?\u201d And couldn\u2019t speak. The lingering shame from my relationship with Undergraduate Professor bubbled up, along with the fear was being called out as a woman who hit on professors for fun, or favors froze turned magenta. Junot pushed back from the table and disengaged. He called a waiter over, not to place an order but to start up a casual conversation with a bro. The waiter looked at my flustered magentaness with concern, but Junot talked over this, animated, as if to signal I\u2019d been forgotten took the story on which would find there were no comments went home Caf\u00e9 of My Own It\u2019s twenty years after that final muddled meeting, and now I\u2019m sitting in my own caf\u00e9. Actually, it\u2019s a less than glamorous booth at a local grocery chain. But I\u2019m happy with where am as a writer and teacher have a book out\u2014 I\u2019ve left the academy to start my own press, and to help run a generative community workshop, a space to test new pedagogy, a space that can reach a less privileged and more varied population than most academic programs. From this safe distance, I\u2019ve been reading the online allegations against D\u00edaz: the forcible kissing with Zinzi Clemmons, the verbal bullying with Monica Byrne and Alisa Rivera. These minimal but straightforward accounts have brought back memories. But my aha moment comes as read a piece by Shreerekha, \u201cIn the Wake of His Damage,\u201d published in The Rumpus\u2019s \u201cEnough\u201d series. When realize know the author. Shreerekha was a second-year student at Syracuse when was a third. She came to a couple of the women\u2019s nights knew her, but she had her own small cohort, and Junot was among this group. As read I\u2019m thinking about how smart she is. I\u2019m admiring her style, the way she blends expertise and lyric, how she credits so many women\u2019s voices in the evolution of her thought, packs them in tight, so the piece strains against itself, vibrates, makes me 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 20/26 double back and reread. I\u2019m excited by the aesthetics of this expansion and straining love the buildup and rush of ideas that can no longer be contained. She references feminists too have loved\u2014Anzald\u00faa, and Teresa de Lauretis\u2014 though her feminism is infused with more complexity than mine understand the epistemic advantage of living both in and outside conventional expectations of gender, but her advantage (and struggle) is redoubled by being South Indian, living both in and outside conventional expectations of race. Yet even as admire how she makes her piece much more than a confession anticipate what\u2019s coming, her admission that when she was Junot\u2019s student she was his girl on the side. She calls herself \u201chis local ride and shelter\u201d; she was also his lover. This relationship would have been going on at the time brought Junot the story, a story imagined only contained my secret, but now see contained hers and his as well. Enter recognition mingled with pity and fear? That feeling of \u201cThere but for the grace of god go I\u201d? But wait did go there, just with someone else. Aristotle talks about this aha moment, this moment of recognition as a kind of purging, a release of pity and fear that cleanses. He doesn\u2019t account for the aha moments that make you laugh out loud at your own self-absorption and the repeated patterns of fucked-upness in the world have to get up from my booth at the grocery store to walk. And as walk, through the produce section, down the cereal aisle think finally get it get that D\u00edaz saw my story not as a come-on but as a pointed threat. As me saying to him see you see what you\u2019re up to with another student think: this is the reason he didn\u2019t answer my messages when told him had to take extra time on my thesis, so needed an address to which could send it think his reaction to the story was in one way an overestimation: he imagined knew things didn\u2019t. Yet in another way an underestimation of me as a moral being. If he saw the story as a maneuver, to what end? Did he think was going to use my \u201cknowledge\u201d to negotiate a reward book deal, or meeting with an agent? Agents and early book deals were largely, and think 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 21/26 wisely frowned upon at Syracuse considered myself there to develop as a writer, not to launch my career. He needn\u2019t have worried. After the incident turned corners to avoid seeing him on campus was as done with him as he was done with me. As walk around the grocery, I\u2019m feeling both angry and sad. Sad for Shreerekha or for myself think sad for both of us, for the energy spent spinning our wheels around troubled men we imagined to have superior knowledge or talent, whom we imagined to have genius think about how my difficulties with Junot where minor compared to Shreerekha\u2019s imagine the isolation she could have felt attending department events, class, hanging out at our women\u2019s night, under the burden of a coerced silence, and in a space where she describes feeling conspicuously other to begin with remember encountering her outside D\u00edaz\u2019s office, twice, as was coming out from a meeting. The awkwardness of it, the petty way in which felt dissed when said \u201chello\u201d and she didn\u2019t say anything back wonder how many alliances among women have been prevented by professors like D\u00edaz and Undergraduate Professor, alliances between women who might otherwise be friends; how a professor\u2019s choosing of a woman, or the perception of their choosing, leads to jealousy and rumor on one side, shame and isolation on the other. And at the risk of sounding sentimental wonder if this isn\u2019t the biggest loss. The loss of community, of potentially lifelong friends in departments still anchored around the destructive personalities of men and occasionally women of \u201cgenius perpetually drunk man suffering man. The teacher who picks a favorite to promote. I\u2019m thinking here of Famous Old Boy, who in our third and final workshop chose a favorite from among our cohort. We resisted his maneuver, but his efforts tipped the balance of our mutual support and morale. Attaching flesh to spine Those of us who have grappled our way \u201cup\u201d into precarious teaching positions may say we hire less on the basis of fame and publication record and more on the basis of a candidate\u2019s teaching record or thoughtful teaching 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 22/26 philosophy. Yet this is easier said than done in a culture that still devalues critical thinking, and that doesn\u2019t make an effort to produce good teachers by offering teacher training in the first place. Faculty who understand the importance of teaching from a variety of aesthetic, cultural, and political perspectives are necessary because masculinity and Eurocentric values have been encoded into our rhetoric and storytelling structures. They are still the defaults good program and a good teacher will acknowledge and find ways to challenge this, will be mindful of the problematic culture our most vaunted programs are built on use Syracuse as an example with the caveat that Dobyns was a product of the Iowa Writers\u2019 Workshop, where the age-old concept of reckless male genius was repackaged, macho barroom\u2013style, under Paul Engle. Syracuse, in fact, may have gone through a productive struggle. George Saunders was one of the initial new hires, the one who apologized to me for not reaching out, who admitted his anxiety about approaching female students in the wake of the scandal. Gradually he helped to set a change in motion couple of years after he was hired D\u00edaz left Syracuse, and a chain of brilliant and innovative women writers were hired. Sexism is a deep unconscious vein. It\u2019s embedded in our thought processes, our ways of communicating and telling stories. Traditional narrative privileges plot over details and in so doing trivializes the image, that conductor of the unconscious, of muted memories, dreams, and drives, those little loaded bombs of information, which if unpacked often contain secrets of the body, micronarratives of their own. What if the creative writing classroom was a space in which critical inquiry was a given, a space for examining and questioning privileged forms or aesthetics, and the pedagogy that often reinforces them. Wouldn\u2019t this kind of space feel safer, more welcoming for those of us brave enough to resurrect our moments, our details, brave enough to write the stories of our bodies. What kind of revolution might that unleash? At night I\u2019m back to reading the Latina writers loved before met D\u00edaz: Anzald\u00faa and Castillo, Rosario Ferr\u00e9, Helena Mar\u00eda Viramontes, and others who\u2019ve been writing just as long and strong, but who curiously (or not so 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 23/26 curiously) haven\u2019t had D\u00edaz\u2019s fame. In \u201cTlilli, Tlapalli/The Path of the Red and Black Ink,\u201d Gloria Anzald\u00faa describes her writing process as one of collapsing flesh and bones; her discovery of the spine of her story comes in sections of vertebrae that only appear once the flesh of the images is rendered or evoked. And I\u2019m reading Mieke Bal female narrative theorist who breaks from the pack by elevating images, unpacking the ways in which they generate narrative and tell secret, overlooked stories of their own. At night as drift see Ophelia; Hemingway\u2019s woman is being escorted off the road by a soldier. Undergraduate Professor who seduced me by telling stories about the peacocks that lived in his trees. \u201cYou have to come and see them!\u201d he said see the two women killed with one stone in the Carver story he so loved. The nervous mother of \u201cFiesta, 1980,\u201d her hand clasping and unclasping her belt buckle want to linger on this chain of elision. Of the otherwise omitted, all the women referred to with the smallest sharpest details. It\u2019s these women strung out across these stories as if attached to the same thread, or garland, strung out like ornaments. It\u2019s in these brief eclipsed images that we\u2019ll find the stories we need. Jennifer Colville is the founding editor of Prompt Press, a project connecting visual artists, book artists, and writers. She holds an from Syracuse University and a PhD from the University of Utah. Her collection of short stories Elegies for Uncanny Girls was published in 2017 by Indiana University Press. Her website is jennifercolvillewriter.wordpress.com ( Genre: Nonfiction (/taxonomy/term/5 49/2 2019 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 24/26 (/issue/volume-49-issue- 2-fall-2019 UY-SINGLE-ISSUE) 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 25/26 ( The Iowa Review The University of Iowa 308 English-Philosophy Building Iowa City 52242 Phone (319) 335-0462 iowa-review[AT]uiowa[DOT]edu Contact ( Search Terms Search this site The Iowa Review is supported by The Office of the Provost ( and the College of Liberal Arts & Sciences ( of the University of Iowa, and the National Endowment for the Arts ( . Web design by Lauren Haldeman ( 2/22/25, 7:33 White Ink and the Great American Macho \| The Iowa Review 26/26", "7591_104.pdf": "Stephen Dobyns Born Stephen J. Dobyns February 19, 1941 Orange, New Jersey, U.S. Occupation Poet \u00b7 novelist Nationality American Education Shimer College Wayne State University Iowa Writers' Workshop (MFA) Parents Lester L. Dobyns Barbara Johnston Dobyns Stephen Dobyns Stephen J. Dobyns (born February 19, 1941) is an American poet and novelist born in Orange, New Jersey.[1] Dobyns was born on February 19, 1941, in Orange, New Jersey, to Lester L., an Episcopal minister, and Barbara Johnston Dobyns. Dobyns was raised in New Jersey, Michigan, Virginia, and Pennsylvania. He was educated at Shimer College, transferred to and graduated from Wayne State University in 1964, and received an from the Iowa Writers' Workshop at the University of Iowa in 1967. He has worked as a reporter for the Detroit News. He has taught at various academic institutions, including Sarah Lawrence College, the Warren Wilson College Program for Writers, the University of Iowa, Syracuse University, and Boston University. In 1995, as a professor of English at Syracuse University, he was accused of sexual harassment after an incident in which he also threw a drink at his accuser and made a rude remark about her in front of numerous witnesses. Syracuse University suspended him for two years, after which he resigned.[2] Francine Prose defended him\u2014as did university professor/writers Tobias Wolff, Hayden Carruth, and Agha Shahid Ali.[3] Dobyns has written 24 novels in a variety of genres, as well as 14 poetry collections and two non- fiction works about the craft of poetry. In much of his work, Dobyns uses the ridiculous and the absurd as vehicles to introduce more profound meditations on life, love, and art. His journalistic training has strongly informed this voice. His poetry has won numerous accolades, including a Lamont Poetry Selection (Concurring Beasts), a National Poetry Series selection (Black Dog, Red Dog), and a Melville Cane Award (Cemetery Nights). His novel Cold Dog Soup (1985) has been made into two films, the American Cold Dog Soup and the French Doggy Bag. The Two Deaths of Se\u00f1ora Puccini (1988) was made into the 1995 film Two Deaths. The movie Wild Turkey is based on a short story by Dobyns. Life Works 2/22/25, 7:33 Stephen Dobyns - Wikipedia 1995%2C as a professor,years%2C after which he resigned. 1/4 He has written many detective stories about a private detective named Charlie Bradshaw who works out of Saratoga Springs in upstate New York. Bradshaw is unusual as a private eye protagonist, an ordinary man who was once a police officer. All the books have the word \"Saratoga\" in the title. In the comic novel The Wrestler's Cruel Study (1993), the protagonist roams through a modern cityscape governed by fairy-tale rituals, searching for his missing fianc\u00e9e. He is alternately aided or hindered by a Friedrich Nietzsche-quoting manager and his Hegelian nemesis, to find that his wrestling matches are choreographed by a shadowy organization that enacts their various Gnostic theological debates through the pageantry and panoply of the ring. He eventually learns to resolve his own dualistic nature and determine who he is despite the role he plays. The Church of Dead Girls (1997) is a novel about a small town's hysterical response to the mysterious disappearance of three of its teenaged girls. Boy in the Water (1999) is a novel about events in a secluded private school in the United States. Jenny Hilborne wrote in New York Journal of Books that The Burn Palace (2013) \"is an intriguing fictional mystery set in the town of Brewster, Rhode Island, and includes elements of the supernatural, satanism, and other alternate religions, including neo-pagans, Wicca, and witchcraft...mysterious and engaging . . .\u201d[4] Is Fat Bob Dead Yet? was named one of Publishers Weekly's Best Mysteries of 2015.[5] Concurring Beasts (1972) Griffon: Poems (1976) Heat Death (1980) The Balthus Poems (1982) Black Dog, Red Dog (1984 0-03-071077-4 Cemetery Nights (1987 0-14-058584-2 Body Traffic (1990) Velocities: New and Selected Poems, 1966-1992 (1994 0-14-058651-2 Common Carnage (1996) Pallbearers Envying the One Who Rides (1999 0-14-058916-3 The Porcupine's Kisses (2002) Mystery, So Long (2005) Winter's Journey (Copper Canyon Press, 2010) The Day's Last Light Reddens the Leaves of the Copper Beech Editions, 2016) Bibliography Poetry 2/22/25, 7:33 Stephen Dobyns - Wikipedia 1995%2C as a professor,years%2C after which he resigned. 2/4 Man of Little Evils (1973 0-689-10567-3 Dancer With One Leg (1983) Cold Dog Soup (1985 Boat Off the Coast (1987) The Two Deaths of Senora Puccini (1988 0-14-023579-5 The House on Alexandrine (1990 0-8143-2183-6 After Shocks/Near Escapes (1991) The Wrestler's Cruel Study (1993 0-393-03511-5 The Church of Dead Girls (1997 0-8050-5103-1 Boy in the Water (1999 0-312-97522-8 Eating Naked [SS] (2000 0-312-27829-2 The Burn Palace (2013 0-399-16087-6 Is Fat Bob Dead Yet? (2015 978-0-399-17145-1 Saratoga Longshot (1976 0-14-025196-0 Saratoga Swimmer (1981 0-14-006357-9 Saratoga Headhunter (1985 0-14-015606-2 Saratoga Snapper (1986 0-670-81059-2 Saratoga Bestiary (1988 0-670-82024-5 Saratoga Hexameter (1990) Saratoga Haunting (1993) Saratoga Backtalk (1994 0-393-03659-6 Saratoga Fleshpot (1995 0-393-03805 Saratoga Strongbox (1998 0-670-87692-5 Saratoga Payback (2017 0399576576 Best Words, Best Order: Essays on Poetry (1996) Next Word, Better Word: The Craft of Writing Poetry (2011) 1. Dobyns, Stephen (13 July 2001). \"Stephen Dobyns\" ( Stephen Dobyns. 2. West, Bill (November 13, 2007). \"Once upon a time\" ( -time/). The Daily Orange. Retrieved September 18, 2012. 3. Prose, Francine (November 26, 1995). \"Hers; Bad Behavior\" ( imes.com/books/00/04/16/specials/prose-behavior.html). The New York Times. Retrieved May 5, 2021. Fiction Charlie Bradshaw series Nonfiction References 2/22/25, 7:33 Stephen Dobyns - Wikipedia 1995%2C as a professor,years%2C after which he resigned. 3/4 4. \"a book review by Jenny Hilborne: The Burn Palace\" ( n-palace Journal of Books. November 30, 2012. Retrieved 26 October 2014. 5. \"Mystery/Thriller \| Best Books of 2015\" ( 15/mystery#book/book-4). Publishers Weekly. 2015. Interview with Stephen Dobyns ( ns_interview.html?ref=part2) Retrieved from \" External links 2/22/25, 7:33 Stephen Dobyns - Wikipedia 1995%2C as a professor,years%2C after which he resigned. 4/4"}
7,617	Mark Thompson	U.S. Naval Academy	[ "7617_101.pdf", "7617_102.pdf", "7617_103.pdf", "7617_104.pdf", "7617_105.pdf" ]	{"7617_101.pdf": "QUANTICO, Va former U.S. Naval Academy instructor convicted of indecent acts with female midshipmen has pleaded guilty to lying about the case to an administrative board. Marine Corps Maj. Mark Thompson entered the plea Thursday at a hearing at Marine Corps Base Quantico in Virginia. The Washington Post reports ( the 47-year-old Thompson was convicted in 2013 of committing indecent acts, fraternization and conduct unbecoming an officer while an instructor at the Naval Academy in Annapolis, Maryland. Thompson tried to vindicate himself, first in front of an administrative Board of Inquiry, and then by telling his story to The Post. But Post reporter John Woodrow Cox unearthed previously undiscovered evidence implicating Thompson. Thompson faces up to six years in prison. ___ Information from: The Washington Post, Ex-Naval Academy instructor admits to lying in sex case Updated 1:44 CST, April 13, 2017 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 7:34 Ex-Naval Academy instructor admits to lying in sex 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 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, 7:34 Ex-Naval Academy instructor admits to lying in sex case News 2/3 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers 5 2/22/25, 7:34 Ex-Naval Academy instructor admits to lying in sex case News 3/3", "7617_102.pdf": "Close Search Home Our Team Administrative Actions Court-Martial Appellate Review Boards Areas We Serve Our Locations Reviews Blog Case Results Video Center Call Text Email Connect 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 1/9 The Case Of Marine Major Mark Thompson Tragedy And Travesty January 08, 2023 By Law Office of Patrick J. McLain Mark Thompson was a Marine's Marine. Prior enlisted, his officer assignments included posting at the U.S. Naval Academy for which he, like all assigned to the \u201cBoat School\u201d required intense screening for character and competence. That all came crashing Follow Us Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 2/9 down when two women who were midshipmen, i.e. students, accused him of fraternization, indecent acts, and rape. Ultimately, Major Thompson was found not guilty of the rape but guilty of lesser offenses and received two months' confinement subsequent proceeding to kick him out of the Marine Corps resulted in an extremely rare finding that he did not commit the misconduct to which he had been found guilty by the court-martial, and he was retained in the Marine Corps, even after a Marine Corps general attempted to get the panel of officers at the subsequent proceeding to reconsider their recommendation for retention. Nonetheless, a Marine officer's sterling career and reputation was scuttled, if not quite destroyed. Read more here. The story reads as a great tragedy, including one fatal error in decision by Major Thompson in his efforts to vindicate himself. There are many good attorneys mentioned in the article, including two whom greatly admire; Phil Cave and Marine Major Joseph \u2018Josey' Grimm. But the story gives ample support for the advice give to all my clients talk to Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 3/9 investigators. NEVER. They are not interested in the truth; they are interested in gathering information to support a predetermined conclusion. Lying never helps. That is another reason to keep your mouth shut. And even if you intend to be utterly truthful, your statements can be distorted to mean things you never intended. \u2018Victims' lie. That is the norm, not the exception. And in the Salem witch trial ecology that is the military in the 2010s, no one will point this out. No one. Get an attorney right away. To quote my new favorite fictional attorney, Saul Goodman, \u201cHiring an attorney does not make you look guilty. Wearing handcuffs makes you look guilty.\u201d And, without the help of an attorney, your incompetent efforts to be your own advocate usually do a good job to making the day you wear handcuffs possible. Finally, if you are an instructor, or any sort of leader in the military, do text or communicate with your students or subordinates in a way that is remotely sexual. Why would you do that? To cite the apocryphal quote attributed to the late, great, fake Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 4/9 Marine, John Wayne, \u201cLife is tough, but it is tougher if you are stupid.\u201d Proudly Serving All 6 Branches of the Military Worldwide SIDE. First Name Last Name Phone Email Are you a new client? How can we help you Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 5/9 By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text to cancel. Acceptable Use Policy Contact 888-606- 3385 Links Home Our Team Administrative Actions Court-Martial Appellate Review Boards Areas We Serve Our Locations Reviews Case Results Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 6/9 Video Center Locations Clearwater Office 2555 Enterprise Rd. Suite 15e Clearwater 33763 Map & Directions (888) 606- 3385 Scottsdale Office 9304 Raintree Dr. #100e Scottsdale 85260 Map & Directions (888) 606- 3385 Dallas Office Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 7/9 900 Jackson Street Suite 640 Dallas 75202 Map & Directions (888) 606- 3385 San Diego Office 402 West Broadway Suite 1230 San Diego 92101 Map & Directions (888) 606- 3385 Oakdale Office 131 US- 165 Oakdale Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 8/9 Foll ow Us 71463 Map & Directions (888) 606- 3385 The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. \u00a9 2025 All Rights Reserved. Site Map Privacy Policy Site Search Call 2/22/25, 7:34 The Case of Marine Major Mark Thompson: a Tragedy and a Travesty \| Law Office of Patrick J. McLain, PLLC. 9/9", "7617_103.pdf": "Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case April 14, 2017 / 11:25 Baltimore (WJZ) -- Lies and power sex scandal at the Naval Academy derailed the career of an instructor who is behind bars tonight Investigator Mike Hellgren has more on Marine Major Mark Thompson's fall from grace News Weather Sports Video On 27\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 1/6 It began with a sexual encounter with two students six years ago. At one point, a military panel cleared him of the charges, until he sabotaged himself by going to the press. The problems started in 2011 with a drunken threesome inside Thompson's home in Annapolis. According to The Washington Post's report, Thompson was court court-martialed after a female midshipman said he'd raped her during that encounter. An administrative board ultimately cleared Thompson of wrongdoing, but when he went to The Post to try to clear his name in the press, it lead to the discovery of messages on one of his accuser's cell phones -- damning evidence that Thompson had lied under oath. Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 2/6 \u00a9 2017 Broadcasting Inc. All Rights Reserved. His accuser spoke with The Post, the military re-opened the investigation and on Thursday, Thompson pleaded guilty of conduct unbecoming an officer, and for making a false statement. He faces up to six years in prison. All of this as sexual assaults at the Naval Academy are on the rise. The Associated Press reports more than one in 10 women surveyed last year experienced unwanted sexual contact. Follow @CBSBaltimore on Twitter and like Baltimore on Facebook More from News Anne Arundel County school closed due to water main break after temperatures drop in Maryland Former Baltimore City employee sentenced to 4 years for bribery, COVID-19 relief schemes 2 people dead after accidental house fire in Annapolis 2 people dead, police officer and civilian injured in Harford County house fire 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. Access all channels anywhere, anytime Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 3/6 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. All Channels for Only $49 (Buy Now Now Is The Perfect Time To Get An Unsold Camper Van Learn More 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 craft and enjoy Why You Should Get An Unsold Camper Van Learn More 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 Top Packaging Trends In 2024 (Take Look) Search Now The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Book Your Low Priced Cruise (See Offers) Explore lowest priced offers today. 20 Animal Photos To Cheer Up Anyone Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 4/6 Top 10 Best Laser Cutting Machines 2024 (See Prices) Search Now Villas For Sale in Dubai Might Surprise You Get Deals Never Throw Away the Water After Boiling Eggs - The Reason is Genius! Wish we had known this before 11 Dogs That Have No Idea How Big They Are Amusement Park Equipment In Mexico Might be Given Away For Almost Nothing! Learn More Elderly Woman Lives in an Old Shed - Take a Peek Inside! Don't judge before you see the inside Cyprus investments might surprise you Get Info Pakistan: Don't Miss Out on These Amazing Sofa Deals at Clearance Prices She Lives in a Shed, But What\u2019s Inside is Pure Magic Don't judge before you see the inside Cyprus investments might be cheaper than you think Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 5/6 \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details Events & Contests Program Guide Sitemap About Us Advertise Television Jobs Public File for Public Inspection File Help Applications Report Get Info Pakistan Solar Panels: See How Much It Will Cost To Install Them (See Prices) Learn More These Are The Best Breast Therapy From Punjab Price Might Surprise You Start Therapy for a Better Tomorrow Here Are The New Kitchen Trends In Punjab (Click To See) Search Now The way you make your fist reveals something crucial about your personality. Watch News 2/22/25, 7:34 Former Naval Academy Instructor Faces Jail Time In Sexual Misconduct Case Baltimore 6/6", "7617_104.pdf": "News Army Navy Air Force Marine Corps Coast Guard Space Force Major Gets 90 Days in the Brig for Lying About Sexual Misconduct Maj. Mark Thompson exits Lejeune Hall April 13, 2017, at Marine Corps Base Quantico after being sentenced for lying about having sexual relationships with two female midshipmen as an instructor at the U.S. Naval Academy. (Photo: Matthew Cox/Military.com) Maj. Mar sentenced fo \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 1/19 Military.com \| By Matthew Cox Published April 14, 2017 Related Topics: Marine Corps Topics, Crime BASE, Virginia military judge on Thursday sentenced a Marine Corps major to 90 days in the brig for lying under oath about his sexual relationship with two female midshipmen while serving as an instructor at the U.S. Naval Academy. Maj. Mark Thompson was led out of Lejeune Hall in handcuffs and leg shackles around 8:30 p.m. after pleading guilty to making false official statements and conduct unbecoming an officer and a gentleman. Thompson's sexual misconduct began in 2011, when he drank, played strip poker and had a threesome with one of the midshipmen and a fellow Marine officer. He admitted to lying to officers at a 2014 board of inquiry in which he claimed his innocence and was allowed to stay in the Marine Corps. He also admitted to lying to a Washington Post reporter John Woodrow Cox about his involvement with the women Matthew Cox Matthew Cox has been a defense reporter since 1998. During his time with Military.com he covered all the services, with a close eye on Army weapons development and procurement, body armor testing, camouflage, ammunition as well as readiness and training issues. He previously \ue90f Story Continues \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 2/19 Military News \u00a9 Copyright 2025 Military.com. All rights reserved. This article may not be republished, rebroadcast, rewritten or otherwise distributed without written permission. To reprint or license this article or any content from Military.com, please submit your request here. You May Also Like After Years of Firm Support, 10 Days Upended the Approach to Ukraine Fired: Joint Chiefs Chairman, Top Navy Leader, Air Force Vice Chief, Service Judge Advocates General Thousands of Pentagon Civilian Workers Will Be Fired Next Week as Trump Purge Begins Their Relatives Were Black Heroes. They Fear the Military Won't Celebrate Their Stories Anymore. worked for 12 years for Army Times. He traveled to Afghanistan and Iraq numerous times from 2002 to 2008, covering Stryker and light infantry units in combat. He also spent four years in the U.S. Army during the second half of the 1980s, serving as an infantryman in the 82nd Airborne Division. Read Full Bio Investigations and Features \u2022 Army \u2022 Navy \u2022 Air Force \u2022 Marine Corps \u2022 Coast Guard \u2022 Space Force \u2022 Military Opinion \u2022 \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 3/19 Select Service Army Marines Navy Air Force National Guard Coast Guard Space Force Spouse Login \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 4/19 Most Popular Military News Fired: Joint Chiefs Chairman, Top Navy Leader, Air Force Vice Chief, Service Judge Advocates General In a historic and unprecedented move, the Trump administration on Friday night fired the Joint Chiefs chairman, the Navy's... Thousands of Pentagon Civilian Workers Will Be Fired Next Week as Trump Purge Begins Get the latest on pay updates, benefit changes and award-winning military content. Right in your inbox. Email By signing up, you agree to our Privacy Notice. \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 5/19 Crisis Line Employees Among Those Fired Amid Federal Workforce Purge What's in Store for Disability Benefits with New Office of Management and Budget Chief? Fort Moore Was Named After My Parents Letter Mom Wrote Shows Why It Shouldn\u2019t Go Back to Benning Comprehensive Look at DOGE's Firings and Layoffs So Far Latest Military Videos \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 6/19 Freed Israeli Hostage Returns Home to Jerusalem Recently released Israeli hostage Karina Ariev waved from a car to crowds welcoming her as she was transported home... Russian Spacecraft Carrying Military \u2018Devices\u2019 Blasts off From Northern Cosmodrome \ue90f \ue90f \ue90c \ue90c \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 7/19 The Russian Defence Ministry released on Wednesday footage showing a Soyuz spacecraft blasting off from Russia's northern cosmodrome in... Soldiers From El Salvador Join U.N.-Backed Mission in Haiti as Pulls Funding military contingent from El Salvador arrived in Haiti on Tuesday to bolster a U.N.-backed mission led by Kenyan... \ue90f \ue90f \ue90c \ue90c \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 8/19 U.S. Aid Freeze Puts at Risk Ukraine\u2019s Wartime Help for Frontline Evacuees In what used to be this Ukraine town\u2019s concert hall, cots are arranged on the stage and instead of... Investigations and Features In One of the Marines' Most Iconic Jobs, a Stunning Pattern of Suicide Marine Corps drill instructors are a national symbol of discipline. But for some, their imposing persona belies a dark reality. View More \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 9/19 Unsupervised: Military Child Care Centers Slow to Report Abuse with Little Oversight Military.com investigation into military day care centers revealed that service branch rules generally prioritize protecting the institution, keep parents in the dark while officials formulate a public relations response. Army News \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 10/19 Calif. Army Vet Admits to Killing Kindergartner who Vanished on Walk to School U.S. Army veteran has admitted to killing a kindergartner on her walk to school. Robert John Lanoue, 72, who pleaded guilty... What to Know About Fort Knox's Gold Depository Navy News View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 11/19 More Troops Sent to Guantanamo Bay as Court Testimony Shows One- Third of Detainees Were 'Low Threat' The number of troops being sent to Guantanamo Bay, Cuba, in support of migrant detention operations there continues to swell Truman Commander Fired After Collision with Merchant Ship near Suez Canal Air Force News View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 12/19 Veteran, Employee at Robins Air Force Base Sues After Service Dog Request Was Denied An aircraft technician for the Robins Air Force Base in Houston County is suing the agency, alleging his superiors... Trump Says He's Considering Buying Used Planes to Serve as Air Force One Amid Boeing Delays Space Force News View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 13/19 Malmstrom Airmen Participate in Unarmed Minuteman Launch at California Base Airmen from Malmstrom Air Force Base were among a joint team of Air Force Global Strike Command personnel who launched an... Ready for 156 Space Coast Launches This Year, Space Force Targets Bottlenecks Marine Corps News View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 14/19 Military's Border Mission Now Includes Coordinated Patrols with Mexican Counterparts The joint effort underscores the Trump administration's push to have an aggressive posture on the border, a part of a key... New Concerned Veterans for America Director to Lead Group's Effort to Expand Priorities Coast Guard News View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 15/19 Historic Ocean Liner Departs Philadelphia on Voyage to Become the World's Largest Artificial Reef The historic, aging ocean liner that a Florida county plans to turn into the world\u2019s largest artificial reef departed from... Data Breach Prompts Coast Guard to Take Personnel and Pay System Offline View More \ue90f \ue90f \ue90f \ue90f \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 16/19 News Home Army Navy Air Force Marine Corps Coast Guard Space Force Military Podcasts Opinion Videos Benefits Home Military Pay and Money Bill Veteran Health Care Tricare Loans Insurance Retirement eBenefits Veteran Job Search Military Skills Translator Upload Your Resume Veteran Employment Project Vet Friendly Employers Career Advice Military Life Home Money Off Duty Fitness Military Trivia Game Veterans Day Spouse & Family Deployment Military History Discounts Home Featured Discounts Join the Military Home Search Military.com \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 17/19 Military.com Network Air Force \| Army \| Coast Guard \| Marine Corps \| National Guard \| Navy \| Space Force About Military.com About Us & Press Room \| Mobile Apps \| Advertise with Us \| Reprints & Permissions Subscriptions \| User Agreement \| Privacy Policy \| Your Privacy Choices \| Site Map Need customer support? Visit our Customer Support center for solutions or to contact us. \u00a9 2025 Military Advantage Veterans Day Restaurant Discounts Dining Travel Retail Insurance Services Auto Electronics Contact a Recruiter Military Fitness Benefits Customer Support AdChoices \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 18/19 \ue910 Sign up Login 2/22/25, 7:34 Major Gets 90 Days in the Brig for Lying About Sexual Misconduct \| Military.com 19/19", "7617_105.pdf": "Close Search Home Our Team Administrative Actions Court-Martial Appellate Review Boards Areas We Serve Our Locations Reviews Blog Case Results Video Center Call Text Email Connect 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 1/10 Marine Major Mark Thompson Vilified: Convicted For Consensual Sex September 22, 2022 By Law Office of Patrick J. McLain After accusations of serious crimes and getting charged with aggravated assault and rape, Marine Major Mark Thompson was acquitted. Yet Thompson was convicted on lesser charges such as \u201cdisobeying an order,\u201d Follow Us Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 2/10 \u201cindecent acts,\u201d and \u201cconduct unbecoming an officer.\u201d He was sentenced to 60 days in jail, fined, and must report to the officer retention board upon release from jail. That has been an exacting price for Major Thompson to pay as a result of what appears to be consensual sex between the former U.S. Naval Academy instructor and two female midshipmen. Despite his continued insistence on his innocence and unfair conviction of sexual misconduct, the military is moving ahead with new criminal charges: conduct unbecoming an officer and a gentleman, and making a false official statement. If Major Thompson is convicted of lying under oath, he could receive a punishment of up to five years in prison, discharge from the service, and a complete loss of his retirement benefits. The potential penalty resulting from a conduct unbecoming charge depends upon the underlying offense. The Marine Corps held an Article 32 preliminary hearing in May; however, Major Thompson and his attorneys, after Thompson was advised of his rights, chose to walk out, thereby being \u201cvoluntarily absent.\u201d Part of Major Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 3/10 Thompson's difficulties may have been self-inflicted. His continued insistence on his innocence led him to approach the Washington Post and invite them to investigate. Their results brought about new revelations in the case that led to new, serious charges against Thompson. Thompson served in Afghanistan, and he has fought hard to prove that he was falsely accused of having sexual relations with two students in 2011. The Washington Post investigation revealed that he had not been honest Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 4/10 in his testimony under oath in 2014 in front of an administrative board that was considering whether to expel him from the Marine Corps. In January of this year, Thompson asserted that he faced tremendous pressure to be dishonest because one of the women was claiming that he had raped her. Thompson was acquitted of the rape charge; however, he was found guilty of five lesser offenses. He served 60 days in the brig and fined $60,000. One of the accusers, Sarah Stadler, met with one of the prosecutors in order to review the contents of her cell phone, which had been missing for a length of time. Some of the 650+ messages between her and Thompson may contradict assertions he made during the administrative hearing. Then, Marine Major Michael Pretus, who had been a witness for Thompson's defense, switched sides and now will serve as a witness for the prosecution. Pretus was removed from his positions as an instructor at the Naval Academy recently, and Stadler alleged that she had a threesome with Pretus and Thompson at Thompson's home while she was a student. After those allegations led to further criminal investigations, Pretus invoked his right Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 5/10 to remain silent. The case continues to draw significant attention, and could lead to a court-martial. Proudly Serving All 6 Branches of the Military Worldwide SIDE. First Name Last Name Phone Email Are you a new client? How can we help you Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 6/10 By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text to cancel. Acceptable Use Policy Contact 888-606- 3385 Links Home Our Team Administrative Actions Court-Martial Appellate Review Boards Areas We Serve Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 7/10 Our Locations Reviews Case Results Video Center Locations Clearwater Office 2555 Enterprise Rd. Suite 15e Clearwater 33763 Map & Directions (888) 606- 3385 Scottsdale Office 9304 Raintree Dr. #100e Scottsdale 85260 Map & Directions (888) 606 Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 8/10 3385 Dallas Office 900 Jackson Street Suite 640 Dallas 75202 Map & Directions (888) 606- 3385 San Diego Office 402 West Broadway Suite 1230 San Diego 92101 Map & Directions (888) 606- 3385 Oakdale Office Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 9/10 Foll ow Us 131 US- 165 Oakdale 71463 Map & Directions (888) 606- 3385 The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. \u00a9 2025 All Rights Reserved. Site Map Privacy Policy Site Search Call 2/22/25, 7:35 Marine Major Mark Thompson Vilified: Convicted for Consensual Sex \| Law Office of Patrick J. McLain, PLLC. 10/10"}
7,634	David Barton	University of California ‚Äì Davis	[]	{}
7,246	Eric Ruske	Boston University	[ "7246_101.pdf", "7246_102.pdf", "7246_103.pdf", "7246_104.pdf", "7246_105.pdf", "7246_106.pdf", "7246_107.pdf", "7246_108.pdf" ]	{"7246_101.pdf": "Transmission & Streaming Disruptions French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony Wyoming Public Radio \| By Micah Schweizer Published April 13, 2016 at 2:26 The Wyoming Symphony Orchestra has suspended the contract of a world-renowned French horn player in response to allegations of sexual harassment. Eric Ruske is teaches horn at Boston University. He was scheduled to perform as a soloist with the Wyoming Symphony this weekend. Donate Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 1/7 In a lawsuit filed Tuesday in Boston, two former students say Ruske used inappropriate language with them and requested they send pictures to him. The plaintiffs also say Boston University failed to take action to stop Ruske\u2019s harassment. The Wyoming Symphony Orchestra\u2019s scheduled concerts Saturday and Sunday will now feature Principal Hornist and University of Wyoming faculty member Katherine Smith performing Mozart\u2019s Horn Concerto No. 3. Tags Arts & Culture Casper Wyoming Symphony Orchestra Micah Schweizer Phone: 307-766-3587 See stories by Micah Schweizer Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 2/7 Latest Stories Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 3/7 Enjoying stories like this? Donate to help keep public radio strong across Wyoming. \u2764 Donate Trump shakes up Pentagon leadership, fires the chairman of the Joint Chiefs of Staff Foreign policy experts struggle to predict Trump's next move with Russia Days into prison guard strike at state prisons, inmates say they feel unsafe Trump order shrinks the trust that manages San Francisco's iconic Presidio Park Related Content Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 4/7 \u2018Take it seriously\u2019: The Brown family reacts to guilty plea from daughter\u2019s murderer November 27, 2024 Wyoming patients are getting autism diagnoses with a little help from October 8, 2024 Championship Indian horse relay races bring teams from around the country to Casper September 20, 2024 Planned changes to Wyoming distribution centers put on hold until 2025 May 22, 2024 Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 5/7 Wyoming Public Media Comment Policy Use your real name. Write with civility & don't attack others. Be clear and concise. Stay on topic. Please read our Comment Policy before commenting. Got it 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 Stay Connected \u00a9 2025 Wyoming Public Media 800-729-5897 \| 307-766-4240 Wyoming Public Media is a service of the University of Wyoming About Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 6/7 Contact Donate Marketing Opportunities for Businesses/Organizations Staff Regulatory Information Applications Protect My Public Media Archive Weekend Edition Saturday Wyoming Public Radio 2/22/25, 7:37 French Horn Player Accused Of Harassment Won't Be Performing With Wyoming Symphony \| Wyoming Public Media 7/7", "7246_102.pdf": "practice room in the Boston University School of Music second Boston University student anonymously revealed to The Daily Free Press evidence of inappropriate messaging on a dating app from College of Fine Arts professor Eric Ruske Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske September 24, 2021 2:43 am by Jes\u00fas Marrero Su\u00e1rez current student at Boston University who asked to remain anonymous said College of Fine Arts professor of music and horn performance Eric Ruske engaged in a conversation with them on the dating app Tinder in early May. The student said they found Ruske on the app in May after raising their preferred age range to above 50 as a joke, similar to another student who interacted with the professor on the dating app Bumble. Screenshots obtained by The Daily Free Press show Ruske\u2019s and the student\u2019s verified Tinder profiles, as well as their conversation within the app dated May 5. In contrast to the previous instance, Ruske\u2019s Tinder profile does not identify himself as a professor \u2014 only several photos, his first name, his age listed as 58, physical distance from the student and sexual orientation. The student\u2019s profile displays they are 19 and that they\u2019re at BU. The student said they were not initially aware Ruske was a professor, but figured it out after conducting a Google search. The Independent Student Newspaper at Boston University Staff Applications Contact About \uf347 Donate Advertising Print Edition Tips Archive Press \uf347 \ue900 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 1/6 The student said the fact that Ruske is pursuing 19-year-old students who attend the University he works at is \u201chighly inappropriate.\u201d \u201cHe\u2019s teaching undergraduate students and he knowingly messaged me with Boston University being in my bio,\u201d they said, \u201cso it wasn\u2019t like it was a big secret that I\u2019m an undergraduate at BU.\u201d Ruske did not respond to request for comment spokesperson Colin Riley declined to comment. Screenshots of the conversation show Ruske wrote he does not do pick-up lines in response to the student\u2019s bio, which asks for good pick up lines. \u201cWe boys just aren\u2019t terribly f\u2014\u2014 creative, are we?\u201d his message reads with a grinning face with smiling eyes emoji, according to the screenshot. \u201cToo easily distracted by shiny things\u2026and big boobs students shared mixed opinions on the professor. Some said Ruske has never made them uncomfortable, while others noted the interactions form a concerning pattern. Jessica Young, a doctoral student studying French horn, said Ruske has never made inappropriate comments or made her feel uncomfortable in the five years she has been his student. \u201cHe\u2019s one of the only people I\u2019ve ever studied with, and I\u2019ve taken many trial lessons, who has never discredited the fact that was a woman,\u201d Young said came here because he has the same high standards for every single person in the studio, and that\u2019s what keeps us getting better.\u201d Young added many horn students choose because they have studied with one of Ruske\u2019s past students. She said she was present at the University during part of the sexual misconduct trial between Ruske and his former students, adding that while reports and articles about the trial gave her some pause, her experience with him has been largely positive. \u201cIt was just annoying to see people just deciding to attack him for never seeing him, never meeting him, never standing in the same room with him,\u201d Young said. \u201cIt seems so simple in these articles that this guy is a bad guy and he\u2019s only here to f\u2014 all the women, but honestly he\u2019s there to teach us how to be better horn players.\u201d Young said she believes Ruske\u2019s interactions with the student on Bumble were consensual, given \u201cit is a dating app.\u201d \u201cIt\u2019s just frustrating that one thing that has potentially nothing to do with even a student \u2026 is bringing him back into potentially getting fired,\u201d she said. \u201cThere is no part of me that can go to this school without him.\u201d Reyna Flores, a senior in and the College of Arts and Sciences, called Ruske\u2019s interactions with students through dating apps \u201cextemely concerning\u201d and said she found them to constitute sexual harassment. \u201cIf he\u2019s your professor, it\u2019s extremely unprofessional and so inappropriate to be pursuing your students at the school that you work at,\u201d Flores said. As a violin performance major in the School of Music, Flores said she doesn\u2019t see much of Ruske save in hallways and streets, but said one of her closest friends, a French horn major and student of Ruske, has shared her experiences. \u201cShe describes them in a casual way and brushing them off, but to me it\u2019s pretty alarming to hear,\u201d Flores said remember being really shocked when my friend told me that he made some crude gestures toward her and insinuated that she had large boobs senior Ilana Balog said having taken a class with Ruske her freshman year, Ruske never made her uncomfortable, and that she generally does not hold a bad opinion of him think that these [incidents] are definitely something that needs to be taken in consideration with regard to my opinion of him,\u201d she said, \u201cbut wouldn\u2019t say he was overly making everybody uncomfortable.\u201d During that studio horn class she took freshman year, Balog said, Ruske had a \u201cvery intense\u201d energy in the classroom and would often speak with \u201cno filter,\u201d making some students a bit uncomfortable. 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 2/6 She said she thinks the University has taken little disciplinary action toward Ruske because of his skill as a musician and professor think that the school is overlooking everything because they feel like he\u2019s so valuable,\u201d Balog said, \u201cbecause he\u2019s so talented and such a good professor and produces really good students Dean Harvey Young and Associate Dean Ruthie Jean did not respond to multiple requests for comment. Flores said she hopes disciplinary action is taken toward Ruske, adding the current situation is not \u201csomething you can just brush under the rug.\u201d \u201cEspecially for my colleagues hope that something happens,\u201d Flores said hope that it\u2019s not just a slap on the wrist, and definitely hope that he\u2019s punished for his actions because it makes it a toxic learning environment.\u201d Jes\u00fas Marrero Su\u00e1rez More Articles 3 Comments george boag September 24, 2021 at 9:21 am They lied about their age on a dating app to prank him and are now complaining he contacted them on his own time. Alessandra Kellermann of Parents United October 9, 2021 at 1:59 pm My question is to Professor Ruske \u2026where is your integrity and ability to make some good choices for yourself by not even giving the appearance of poor judgment and a professor who preys on 19 year olds? Do you realize their brains are not fully developed until age 25? Does it matter to you that this might make other students feel very uneasy around you? Time for some major self-reflection and you are lucky am not the parent of a female attending your class right now. The comment about liking the big boobs was creepy and should be left for later on in the bedroom with someone who is the age of your students or a student. But the part about not being very creative was spot on. You lack a great deal in the creative and brains department. Best of luck keeping your position at if their department has any weight. Alessandra Kellermann of Parents United October 9, 2021 at 6:15 pm Just as thought \u2013 a pattern exists Court denies professor\u2019s request to dismiss sexual harassment charges \u2013 The Daily Free Press 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 3/6 Send tips about issues you want covered to [email protected] Support independent student journalism by donating to the FreeP here Sorry, that\u2019s not currently available. Luckily, lots of other stuff is Get BU's headlines delivered straight to your inbox. Subscribe Email Address 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 4/6 hits Shuttle on Comm. Ave slows budget in preparation for federal funding cuts The myth of escape StuGov announces new Student Advisory Board \u2018It\u2019s a performance in hate\u2019: Boston athletes, community react to executive order banning trans women from competing in women\u2019s sports Click here to fill out our Readership Survey hits Shuttle on slows budget in preparation The myth of escape February 20, 2025 StuGov announces new Student e ts t 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 5/6 About Contact Advertising Terms of Use Join Our Staff! Donate Board of Directors Copyright \u00a9 2025 The Daily Free Press Designed by Comm. Ave. February 21, 2025 for federal funding cuts February 20, 2025 Advisory Board February 20, 2025 rships h n y y 5 2/22/25, 7:37 Second student comes forward with evidence of inappropriate online communication from professor Eric Ruske \u2013 The Daily Fre\u2026 6/6", "7246_103.pdf": "Boston University Professor Facing Sexual Harassment Lawsuit From Students By Tina Martin April 12, 2016 Boston University and one of its professors are facing a Title lawsuit from two students who claim they were harassed by a music professor in the College of Fine Arts. Erin Shyr and Maria Currie say Boston University did nothing after they complained about sexually harassing text messages, emails and face-to-face comments by music professor Eric Ruske. They say it lasted for about a year beginning in 2013. Sheer says she still suffers from a range of emotions. \"Uncomfortable, confused, scared didn't want to do anything wrong,\" says Sheer. The pair's attorney Carmen Durso says it's not just the professor who is at fault. \"Boston University was more concerned with keeping the violators happy than protecting the students,\" says Durso 89.7 Weekend Edition 2/22/25, 7:37 Boston University Professor Facing Sexual Harassment Lawsuit From Students 1/5 spokesperson declined to comment until they see the civil complaint. We reached out to Eric Ruske by phone and email, but we never got a response. Both women are seeking an undisclosed amount in damanges. Tina Martin Tina Martin is reporter for News. Boston University was more concerned with keeping the violators happy than protecting the students Support for is provided by: Become a sponsor Power Public media belongs to you, and everyone belongs here. Learn more about becoming a member or click below 89.7 Weekend Edition 2/22/25, 7:37 Boston University Professor Facing Sexual Harassment Lawsuit From Students 2/5 Newsletters offers several newsletters focused on the topics that matter to you NOW! Haiti On The Line: Listen to the live call-in special Monday The Genius Next Door: Benjamin Van Mooy makes waves with his research on invisible sea organisms Trump administration restores environmental grants, but advocates remain worried Local Haitians react to Trump administration rescinding temporary protected status About Education Support Donate 89.7 Weekend Edition 2/22/25, 7:37 Boston University Professor Facing Sexual Harassment Lawsuit From Students 3/5 Services Careers Press Membership Corporate Sponsorship Directed Giving Planned Giving Other Ways to Support Terms of use Editorial Guidelines Privacy Policy Accessibility Statement Reports & Filings Public File Assistance with Public Files All Public Files Contact Contact News Media Inquiries Newsletters Visit Us Follow Follow News \u00a9 2025 WGBH. All rights reserved 89.7 Weekend Edition 2/22/25, 7:37 Boston University Professor Facing Sexual Harassment Lawsuit From Students 4/5 89.7 Weekend Edition 2/22/25, 7:37 Boston University Professor Facing Sexual Harassment Lawsuit From Students 5/5", "7246_104.pdf": "Two Female Students accused a Music Professor of Sexual Harassment Boston sexual harassment lawsuit has been filed in Suffolk County on behalf of two music students, Erin Shyr and Maria Currie, who claimed their music professor, Eric Ruske, at Boston University has continuously subjected them to sexual harassment. The students disclosed that in spite of all the sexual harassment reports filed with the University, the school failed to take action against the professor for his workplace misconduct and protect the students. According to the students allegedly made endless excuses for the music professor\u2019s misbehavior, instead of abiding by Title IX. Numerous sexual harassment complaints confirmed that Ruske was infamous for \u201cmaking offensive, vulgar and sexually charged statements to students.\u201d Sexual Harassment at Boston University Currie, a trumpet student, united with Ruske through the quintet he instructed at the university. As a dedicated student in Boston University\u2019s College of Fine Arts, Currie strived to give her all to her musical path. Based on the sexual harassment complaint, Currie alleged that Ruske gazed at the sight of her from head to toe, and referenced the Privacy - Terms Boston University Employee connects to Sexual Harassment Derek Smith Law Group \u00bb Boston University Employee connects to Sexual Harassment 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 1/8 high heels she wore during the rehearsal in an unwelcoming manner. It was later discovered that Currie didn\u2019t pass her performance requirement, and planned to meet with Ruske to discuss her inadequate performance. Ruske was accused of using \u201cvulgar and obscene\u201d language with Currie in conversation throughout the meeting in 2013. It was noted that Ruske\u2019s description of Currie\u2019s performance was delivered through a comparison to sex. Ruske supposedly said, \u201cthough very beautiful, she was only lying there and not doing anything.\u201d After the meeting concluded, Currie claims Rusk followed up with and an inappropriate message saying, \u201cfabulous chatting and a great blouse.\u201c In the eyes of a student, a professor should refrain from using unpleasant words and comparisons in both public and private gatherings. In the event, that a faculty or staff member violates the academic code of conduct, students like Currie and Shyr believe strict disciplinary actions should occur immediately following the sexual harassment investigation. Boston University, allegedly abstained from favoring the best interest of the students when they ignored the window of opportunity that Ruske misused and abused with sexual harassment. The sexual harassment complaint includes various sexual harassment incidents relating to each other. In addition to the discomfort, there was an alleged text from Ruske, attempting to express remorse for his misconduct. Erin Shyr had a similar experience to Maria Currie with sexual harassment. In 2014, Shyr united with Ruske as an oboist in a woodwind chamber group he coached. Shyr alleged that she endured sexual harassment via email. The sexual harassment consisted of requests for 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 2/8 pictures, greetings including \u201ckisses on the cheek,\u201d and a suggestion that Shry should express her gratitude for Ruske\u2019s \u201cinappropriate comments.\u201d After the student informed a faculty member about the sexual harassment, Ruske made another attempt to apologize through email. The sexual harassment complaint alleged that the apology was not served in honor of remorse, but as a preventative measure to eliminate the possibility of a sexual harassment report from being filed against him. The two students had several meetings with the university\u2019s staff with evidence to support their allegations. According to the sexual harassment complaint did not reprimand Ruske or take any action against him. In addition to receiving a \u201cslap on the wrist,\u201d Ruske remained in charge of the students\u2019 grades. In May 2014, the students received a notice displaying the results of the Equal Opportunity Investigation. In the notice, Boston University\u2019s assistant director of Equal Opportunity stated, \u201cMr. Ruske\u2019s conduct was inconsistent with BU\u2019s policies.\u201d The administration allegedly determined that Ruske might have been unaware of his unacceptable behavior due to his personality. The university still has to review the sexual harassment complaint and comment, according to a representative. Are you in Need of Legal Guidance? The two students were disappointed with the decision the university made regarding Ruske\u2019s actions. They expressed feeling several emotions including \u201cfear, shame, betrayal, and mistrust.\u201d As a result of not receiving the help, the students needed, seeking a sexual harassment attorney could help them tackle their sexual harassment issue from a different angle. 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 3/8 If you have ever been a victim of sexual harassment at a university, contact the sexual harassment attorneys at the Derek Smith Law Group for legal guidance. Call us at 800-807-2209 for a free consultation to discuss your possible claim. Our attorneys are available to review your claims and prepare a solid case to recover the damages and justice you deserved. Posted on April 12, 2016 Categories Employment Laws, New Jersey Lawyer, New York City Lawyer, Philadelphia lawyer, Sexual Harassment Tags Boston University sexual harassment, cyber sexual harassment, EEOC, Eric Ruske, Erin Shyr, Maria Currie, sexual harassment complaint, sexual harassment Law, sexual joking, Title IX, unwanted physical contact Related Blogs The Five R\u2019s of Preventing Sexual Harassment in the Workplace Hotel Manager in Hot Water After Hot Tub Fondling Effects of the Age Discrimination in Employment Act Share this Content Recent Posts Understanding Defamation: Types, Laws, and Legal Remedies Understanding Your Workplace Rights as a Pregnant Employee Understanding the Gender-Motivated Violence Protection Act and what is means for victims Honoring Lilly Ledbetter: Fighting for Wage Equality and Employee Rights 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 4/8 Sean \u201cDiddy\u201d Combs\u2019 Charges Highlight Workplace Harassment: What This Means for Victims of Workplace Misconduct Categories Child Sexual Abuse compensation discrimination Disability Discrimination Discrimination Law employment contract Employment Discrimination Employment Law Employment Laws Family and Medical Leave Act Gender Discrimination Hostile Works Environment New Jersey Lawyer New York City Lawyer Philadelphia lawyer Pregnancy Discrimination pregnancy law Race Discrimination Rape & Sexual Assault Reasonable Accommodation Sexual Abuse 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 5/8 Sexual Assault Sexual Harassment Sexual Orientation Discrimination Uncategorized Wage & Hour Law Wage & Hour Violations wage and hour violation Wage Discrimination Wrongful Termination 1. We Get Results 2. We are Available For You 24/7 3. No Fees Unless You Win 4. Client-Focused Representation 5. Result-Driven Advocacy Full Name Email Address Telephone Number Preferred Office 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 6/8 Message Send Information Our Practice Areas and Locations We Serve Our Office Locations As seen On Follow us: Your email address New York Office One Pennsylvania Plaza, Suite 4905 New York 10119 Tel: (212) 587-0760 New Jersey Office 73 Forest Lake Drive Hewitt New Jersey 07421 Tel: (973) 388-8625 Philadelphia Office 1628 Pine Street, Philadelphia 191 Tel: (215) 391-4790 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 7/8 \u00a9 2025. All Rights Reserved. \| Site Map \| Terms & Conditions \| Design & Developed by Web Search Engineering 2/22/25, 7:37 Boston University Employee connects to Sexual Harassment - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| L\u2026 8/8", "7246_105.pdf": "From Casetext: Smarter Legal Research Shyr v. Trs. of Bos. Univ Mar 13, 2017 Civil Action No. 16-11124 (D. Mass. Mar. 13, 2017) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civil Action No. 16-11124 03-13-2017 and CURRIE, Plaintiffs, v RUSKE, Defendants CASPER, J. I. Introduction Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 1/17 Plaintiffs Erin Shyr and Maria Currie have filed this lawsuit against Defendants Trustees of Boston University (the \"University\") and Eric Ruske (\"Ruske\") (collectively, \"Defendants\") alleging a violation of Title IX, 20 U.S.C. \u00a7 1681, and various Massachusetts state law claims. D. 1-2. Defendants have moved to dismiss five of the ten counts asserted by Plaintiffs. D. 6. For the reasons stated below, the Court the motion. II. Standard of Review On a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6), the Court \"must assume the truth of all well-plead[ed] facts and give plaintiff the benefit of all reasonable inferences therefrom.\" Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir. 2007) (citing Rogan v. Menino, 175 F.3d 75, 77 (1st Cir. 1999)). 2 2 Reading the complaint \"as a whole,\" the Court must conduct a two-step, context-specific inquiry. Garc\u00eda-Catal\u00e1n v. United States, 734 F.3d 100, 103 (1st Cir. 2013). First, the Court must perform a close reading of the claim to distinguish the factual allegations from the conclusory legal allegations contained therein. Id. The Court must accept factual allegations as true, while conclusory legal conclusions are not entitled credit. Id. Second, the Court must determine whether the factual allegations present a \"reasonable inference that the defendant is liable for the misconduct alleged.\" Haley v. City of Boston, 657 F.3d 39, 46 (1st Cir. 2011). \"[T]he plaintiff need not demonstrate she is likely to prevail\" at this stage, only that the claims are facially plausible. Garc\u00eda-Catal\u00e1n, 734 F.3d at 102-03. III. Factual Background The following allegations are from the complaint, D. 1-2, and the Court accepts them as true for the purposes of considering this motion. These allegations primarily concern Ruske, a professional horn soloist, who has been a professor at Boston University's College of Fine Arts since 1990. Id. \u00b6\u00b6 21, 25. Over the course of his career, Ruske has gathered a fair number of accolades. Id. at 21-24. In tandem with all of these achievements, however, Shyr and Currie allege that Ruske has also amassed a reputation for making 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 2/17 sexually charged and offensive statements to his students, particularly toward women. Id. \u00b6 35. A. Ruske's Relationship with Currie Maria Currie (\"Currie\") enrolled at the University's College of Fine Arts in September 2012 to study trumpet performance. Id. \u00b6 32. As a sophomore, nineteen-year-old Currie joined a chamber ensemble (the \"quintet\") as part of her coursework. Id. \u00b6 33. Ruske was the faculty member in the College of Fine Arts assigned to oversee and coach the quintet. Id. \u00b6\u00b6 34, 38. Currie alleges that her interactions with Ruske became increasingly hostile, with Ruske objectifying her 3 and making unseemly sexual comments to her on numerous occasions. For example, on November 16, 2013, Currie arrived for rehearsal wearing a knee-length pencil skirt and high heels. Id. \u00b6 41. Upon seeing her, Ruske allegedly raised his eyebrows, looked Currie up and down, and exclaimed \"Ooh, heels!\" Id. \u00b6\u00b6 41-42. 3 On December 16, 2013, Currie was required to play for a panel of three brass faculty members as part of an evaluation for coursework that was separate from her chamber ensemble. Id. \u00b6 44. Ruske was one of the faculty member assigned to be on this panel. Id. Currie did not pass the evaluation. Id. \u00b6 45. In response, Currie sought out Ruske and requested a meeting to get advice and feedback on her failed performance. Id. \u00b6 46. Ruske agreed to meet with Currie and provided Currie with his personal cell phone number to arrange the meeting. Id. \u00b6 47. Later that same day, Ruske e-mailed Currie stating will certainly miss hearing and working with you in the quintet next semester (and of course seeing the concert heels).\" Id. \u00b6 49. Currie did not reply to this e-mail. Id. \u00b6 50. The following day, on December 17, 2013, Ruske and Currie met in Ruske's office to discuss Currie's evaluation. Id. \u00b6 51. During this meeting, Ruske spoke of Currie's performance by comparing it to the two of them having sex. Id. \u00b6 54. Specifically, Ruske told Currie that listening to her performance made him feel like he and Currie were in the midst of sexual intercourse, but that Currie, while beautiful, simply lay there and did nothing to enhance the sexual experience. Id. Currie ended the meeting and left Ruske's office. Id. \u00b6 55. Several minutes after this meeting, Ruske texted Currie, \"Fabulous chatting . . . and great blouse!\" Id. \u00b6 57. Currie had not yet received her grade in Ruske's ensemble course and 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 3/17 allegedly felt obligated to respond to this text message stating, \"[h]ave a great break!\" Id. \u00b6\u00b6 56, 58, 59. Less than three hours later, Ruske again texted Currie stating, \"[w]ithout being too grossly inappropriate. [sic hope Santa brings you nice big high heels.\" Id. \u00b6 60. Currie again responded thanking him. Id. \u00b6 4 61. Ruske sent back a text saying, \"It's such a shame that won't ever get to see them/you,\" Id. \u00b6 62, to which Currie replied, \"I'll be having a recital sometime next semester!\" Id. \u00b6 64. In response, Ruske sent Currie a text that read, \"And the last thing you need is some creepy old guy in the front row,\" id. \u00b6 65, which was followed by another text stating, \"You can always send pix . . .\" id. \u00b6 66. Currie alleges asking for \"pix\" is a generally accepted practice used by individuals soliciting nude pictures of women. Id. \u00b6 68. Currie further alleges that because of the power dynamic that existed between Ruske and Currie, especially given Ruske's control over Currie's grade and Ruske's reputation as an excellent musician, Currie responded, \"Ha, no promises[.]\" Id. \u00b6\u00b6 69-70. Ruske wrote back, \"Of course not . . . a girl can dream, though.\" Id. \u00b6 71. At this point, Currie stopped responding to Ruske. Id. \u00b6 72. 4 On December 24, 2013, Ruske sent Currie a text that read probably owe you an apology . . . . I'm really sorry if made you uncomfortable. Have a fabulous holiday and a happy New Year!!\" Id. \u00b6 74. Currie did not respond. Id. \u00b6 75. In January 2014, Currie withdrew as a student at the University's College of Fine Arts and enrolled at a neighboring university. Id. \u00b6 77. Nonetheless, Currie still practiced at the College of Fine Art's facilities. Id. \u00b6 78. That month, Currie ran into Ruske while practicing at the College of Fine Arts. Id. \u00b6 79. Currie felt uncomfortable, avoided eye contact with Ruske, and left the area. Id. \u00b6 80. Subsequently, on January 30, 2014, Currie met with Sarah Bellott (\"Bellott\"), the College of Fine Art's student services coordinator, and showed her the numerous text messages she had received from Ruske. Id. \u00b6 82. Bellott responded by telling Currie that she should have specifically asked Ruske to stop sending the text messages. Id. \u00b6 83. 5 5 B. Ruske's Relationship with Shyr In the spring of 2014, Erin Shyr (\"Shyr\"), a freshman in the University's College of Fine Arts, enrolled in a woodwind chamber group coached by Ruske. Id. \u00b6 86. Shyr alleges that Ruske maintained inappropriate 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 4/17 interactions with her and directed sexually suggestive comments to her. For example, on March 11, 2014, Ruske emailed Shyr stating that he hoped she was having a good spring break. Id. \u00b6 96. Shyr responded that her break was going well and that she wished Ruske a happy spring break as well. Id. \u00b6 97. Ruske replied to Shyr, \"Hooooray!!! Maybe you'll share a cute pic with me . . . .\" Id. \u00b6 98. Like Currie, Shyr interpreted Ruske's request for a \"pic\" as one seeking nude photographs. Id. \u00b6 99. Because Shyr was allegedly worried about how Ruske would respond if she failed to send back a picture, Shyr pretended she did not understand the sexually suggestive text. Id. \u00b6\u00b6 101-02. Instead, she wrote back haven't taken many pictures in NYC, but here is a picture of my sister and after her concert, and the other is a picture of a stray cat we fed leftovers to!\" Id. Ruske responded, \"Forgive me for being a bit prejudiced, but although your sister and the kitty . . . are cute, you are amazing and do have something truly unique. Please don't be offended by [sic] honesty . . . as think you already know am rather blunt. Thanks for sharing like that.\" Id. \u00b6 103. Shyr's response to this email stated, \"Thank you sir, that's very kind of you hope you have a good evening.\" Id. \u00b6 104. Shyr further alleges that around this time Ruske began to hug her and give her kisses on the cheek when he would run into her. Id. \u00b6\u00b6 108-09. When hugging her he often also grazed his hand across her lower back. Id. \u00b6 110. On March 20, 2014, Ruske sent Shyr an e-mail after rehearsal stating, \"You are so damn bright and also wicked adorable. Tough to be insistent when you're the lowest rung on the ladder (age-wise), but it's great training for you.\" Id. \u00b6 113. Shyr replied, \"Thank you, sir will continue 6 to work hard in chamber class.\" Id. \u00b6 114. Ruske immediately emailed Shyr back saying prefer, \"[T]hanks [E]ric, for the inappropriate comments.\" Id. \u00b6 115. 6 These types of email exchanges between Ruske and Shyr continued and, each time, they caused Shyr fear and anxiety. See id. \u00b6\u00b6 117-119. Shyr discussed the e-mails with her mentor, a professional musician living in Georgia, who informed her that Ruske had a national reputation for harassing young women. Id. \u00b6 121. The mentor advised Shyr to stay away from Ruske. Id. \u00b6 122. This, however, was quite difficult because Ruske was Shyr's teacher and had direct control over her grade in his course. Id. \u00b6 119. 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 5/17 Shyr's interactions with Ruske prompted her to contact a faculty member she trusted to discuss what had been transpiring, and that faculty member connected Shyr with Patricia Mitro (\"Mitro\"), the College of Fine Art's Deputy Title Coordinator. Id. \u00b6\u00b6 126-27. Shyr and Mitro met on April 14, 2014 and Mitro informed Shyr that Ruske's behavior constituted sexual harassment under Title IX. Id. \u00b6 136. Mitro, however, also informed Shyr that it was possible that Ruske did not realize he had violated the University's Title policies and, instead, she blamed his actions on his \"vibrant and effusive\" personality. Id. \u00b6 137. Given these circumstances, Mitro declined to remove Ruske as Shyr's ensemble instructor and did not remove Ruske's ability to assign Shyr a grade. Id. \u00b6 138. C. Subsequent Events In response to Shyr's complaints about Ruske, the College of Fine Arts initiated an Equal Opportunity investigation to evaluate his conduct. Id. \u00b6 144. The memorandum summarizing the results of the investigation, which was released in May 2014, \"indicated that Mr. Ruske's conduct was inconsistent with BU's policies\" and that the memorandum had been forwarded to Dean Benjamin Juarez. Id. \u00b6 146; Exh. A. 7 7 In July 2014, Currie contacted the University's Dean of Students, Kenneth Elmore (\"Elmore\"), to follow up on her reporting of the various e-mails and text messages she received from Ruske. Id. \u00b6 168. While sympathetic, Elmore made no promise to reprimand Ruske even after Currie expressed fear that Ruske might sexually harass other young women. Id. \u00b6 172. In May 2015, Shyr was informed that her complaints toward Ruske had been consolidated with Currie's, though the two women did not know each other. Id. \u00b6\u00b6 134, 183. While Shyr made clear she felt the consolidation of completely separate sexual assault incidents was inappropriate, the University's administration did not disentangle their investigation of the separate reports by two different students. Id. \u00b6 204. Around this time, the University's Title Coordinator, Kim Randall (\"Randall\"), also allegedly informed Shyr that Ruske was a \"known offender on campus.\" Id. \u00b6 185. No official action or reprimand is alleged to have taken by against Ruske. See id. \u00b6 210. Both Shyr and Currie allege that they have suffered significant 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 6/17 psychological harm as a result of Ruske's sexual harassment including feelings of guilt, shame, and inability to trust others. Id. \u00b6\u00b6 222, 232. Moreover, Currie also alleges physical harm as a result of the harassment, including an elevated heart rate, shortness of breath, and a tightening of her chest whenever forced to recount Ruske's actions. Id. \u00b6 234. IV. Procedural History Plaintiffs instituted this action in Suffolk Superior Court on April 11, 2016. D. 1-2. Defendants removed the case to this Court on June 15, 2016. D. 1. Defendants have now moved to dismiss Counts IV, VII, VIII, IX, and under Fed. R. Civ. P. 12(b)(6). D. 6. The Court heard the parties on the pending motion and took the matter under advisement. D. 15. 8 1 8 1 Defendants fleetingly mention Fed. R. Civ. P. 8(a)(2) in the introduction of their motion to dismiss, stating \"the [c]omplaint\u2014all 39 pages and 289 paragraphs\u2014blatantly ignores the admonition of Fed. R. Civ. P. 8(a)(2) that it contain 'a short and plain statement of the claim,'\" D. 6-1 at 1, but they neither move to dismiss under that rule nor argue in support of dismissing under that rule. Accordingly, the Court only considered the motion to dismiss under Rule 12(b)(6). V. Discussion A. Negligent Hiring, Training, Supervision and Retention (Count IV) Currie alleges that the University was negligent in its hiring, training, supervision and retention of Ruske and that it breached its duty of care to her because it \"knew or, in the exercise of reasonable care, should have known [that Defendant Ruske] was unfit to work with young, female musicians.\" D. 1-2 \u00b6\u00b6 262, 268. \"Negligent retention [or supervision] occurs when, during the course of employment, the employer becomes aware or should have become aware of problems with an employee that indicated his unfitness, and the employer fails to take further action such as investigating, discharge or reassignment.\" Foster v. Loft, Inc., 26 Mass. App. Ct. 289, 291 (1988) (internal citations and quotation marks omitted). As the court in Foster explained: 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 7/17 Id. (internal citations and quotation marks omitted). In evaluating a claim for negligent hiring, retention or supervision, the Court must examine the totality of the circumstances in determining whether it was reasonably foreseeable that an employee would cause harm to a plaintiff. Coughlin v. Titus & Bean Graphics, Inc., 54 Mass. App. Ct. 633, 639 (2002). Under Massachusetts law, an employee's reputation may indicate that misconduct on the part of an employee is foreseeable. See Carson v. Canning, 180 Mass. 461, 463 (1902) (Holmes, J.) (explaining that \"[r]eputation is 9 let in . . . to show that the defendant might or ought to have known the reputed fact\"), cited with approval in Foster, 26 Mass. App. Ct. at 290 & n.3. An employer must use due care to avoid the selection or retention of an employee whom he knows or should know is a person unworthy, by habits, temperament, or nature, to deal with the persons invited to the premises by the employer. The employer's knowledge of past acts of impropriety, violence, or disorder on the part of the employee is generally considered sufficient to forewarn the employer who selects or retains such employee in his service that he may eventually commit an assault, although not every infirmity of character, such, for example, as dishonesty or querulousness, will lead to such result. 9 Defendants argue that the Court should dismiss this claim because Ruske's unsuitability to work with young, female musicians rests entirely upon Currie's allegations that he had developed \"a reputation for making offensive, vulgar, and sexually charged statements to students,\" and that the University was aware of this reputation. D. 1-2 \u00b6 35; D. 6-1 at 9. The mere existence of a negative reputation, Defendants continue, is not a sufficient basis to put the University on notice of Ruske's propensity to commit sexual harassment. D. 6-1 at 9. Thus, according to Defendants, Currie has not met her burden of demonstrating the foreseeability requirement of a negligent supervision claim. Id. at 11. To support this point, Defendants rely upon Liu v. Striuli, 36 F. Supp. 2d 452, 468 (D.R.I. 1999). There, the district court held that a \"meager rumor\" about an employee's personality or past conduct could not adequately inform the employer of that person's unfitness to do his job or propensity to engage in unacceptable behavior. See id. In Liu, a graduate student alleged that she was the victim of a harassment at the 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 8/17 hands of an employee of Providence College and contended that the college was negligent in its supervision of the alleged harasser. Id. at 458. At summary judgment, the district court held that the graduate student's claim failed because the graduate student rested \"her entire cause of action for negligent supervision on one meager rumor: a deposition statement by [a professor] describing a conversation he had with the President of the College when Liu's allegations had first come to light.\" Id. at 468. At the deposition, \"[the professor] claimed that the President of the College acknowledged that 'there had been earlier complaints' about [the alleged harasser].\" Id. Beyond this one fact, nothing else in the record supported the notion that Providence College should have been aware of its employee's propensity to harass students. The Liu court found that such a \"fragmentary bit of hearsay [] 10 entirely lacking in content and context\" could not properly support a negligent supervision claim, especially where \"[t]he nature of the alleged [prior] complaints is unknown as well as their timing, seriousness, and number.\" Id. 10 At this juncture, however, the Court is addressing Defendants' motion to dismiss, not a motion for summary judgment after the completion of discovery. Currie has alleged that by the time she enrolled in Ruske's class, he \"had developed a reputation for making offensive, vulgar, and sexually charged statements to students, both during group rehearsals as well as one- on-one encounters.\" D. 1-2 \u00b6 35. The complaint further alleges that \"knowledge of Ruske's sexual harassment of young musicians extended beyond BU's campus; Ruske was known in the music industry for sexually harassing young women.\" Id. According to the complaint, the University allegedly was also aware of Ruske's behavior and his reputation for same. From the factual allegations put forth in the complaint, and in light of applicable Massachusetts law, Currie has sufficiently pled the requisite elements of a negligent supervision claim. Defendants also rely on Frederick v. Simpson Coll., 149 F. Supp. 2d 826, 826 (S.D. Iowa 2001) in arguing for dismissal of the negligent supervision claim. There, the court dismissed a student's Title sexual harassment claim at the summary judgment stage because the school's knowledge that a faculty member used \"profanity and other questionably vulgar language in his classroom\" was insufficient to notify the college that he was \"at risk of 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 9/17 sexually harassing a student.\" Id. at 837-38. Defendants contend that like in Fredrick, the Court should dismiss Currie's claim because \"the absence of any linkage between the University's knowledge of undefined, inappropriate comments and sexual harassment is fatal to [her] cause of action for negligent supervision.\" D. 6-1 at 11. Defendants' reliance on Frederick is unavailing, however, because Frederick is inapplicable to a negligent supervision claim. To succeed on a Title 11 claims, like the one being addressed in Frederick, a Plaintiff must allege that \"an official who at a minimum has authority to address the alleged discrimination and to institute corrective measures on the recipient's behalf has actual knowledge of discrimination in the recipient's programs and fails adequately to respond.\" Gebser v. Lago Vista Ind. Sch. Dist., 524 U.S. 274, 290 (1998). This actual knowledge requirement is a higher threshold than negligence's foreseeability requirement, and cannot be met by respondeat superior or constructive notice. Id. at 285 (concluding that \"it would 'frustrate the purposes' of Title to permit a damages recovery against a school district for a teacher's sexual harassment of a student based on principles of respondeat superior or constructive notice, i.e., without actual notice to a school district official\"). Thus, Currie is not required to allege the University's actual knowledge of Ruske's reputation, only that his harassment of a student was foreseeable in light of that reputation. Currie has met her burden in the operative complaint. 11 For all these reasons, the Court Defendants' motion to dismiss Count IV. B. Intentional Infliction of Emotional Distress (Counts and VIII) Under Massachusetts law, a claim for intentional infliction of emotional distress requires Currie and Shyr to show that (1) Ruske intended to inflict emotional distress, or knew or should have known that emotional distress was likely to result based on his conduct; (2) Ruske's conduct was extreme and outrageous; (3) Ruske's actions caused them distress; and (4) the emotional distress suffered by Currie and Shyr was severe and of a nature that no reasonable person could be expected to endure it. See Gouin v. Gouin, 249 F. Supp. 2d 62, 73 (D. Mass. 2003) (citing Agis v. Howard Johnson Co., 371 Mass. 140, 144-45 (1976)). The analysis of such a claim often turns 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 10/17 on the second element: whether the conduct was extreme and outrageous. Baez v. Maloney, No. 05-cv-11045-GAO, 2007 2769785, at 4 (D. Mass. Sept. 20, 2007). Liability, however, 12 cannot be predicated on \"'mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities,' and it is not sufficient even if 'the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by 'malice,' or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort.'\" Foley v. Polaroid Corp., 400 Mass. 82, 99 (1987). The Court, however, must bear in mind that a defendant's \"extreme and outrageous conduct may be found in the totality of the circumstances, and does not have to be alleged in a single incident.\" Gouin, 249 F. Supp. 2d at 73. 12 While the standard for proving an intentional infliction of emotional distress claim is high, see Anderson v. Boston Sch. Comm., 105 F.3d 762, 766- 67 (1st Cir. 1997), Currie and Shyr have alleged numerous incidents that, when taken together, support a reasonable inference that Ruske knew or should have known that his conduct would have caused them severe emotional distress. Ruske served as Currie's and Shyr's instructor. D. 1-2 \u00b6\u00b6 34, 86. Moreover, he had direct control over the grades the young women would receive in his class. Id. \u00b6\u00b6 56, 119. Despite his position of authority, Ruske engaged in unseemly conduct that he directed toward the two young women. For example, Ruske made sexually charged remarks allegedly comparing Currie's 2013 brass performance to sex, id. \u00b6 54; commented on Currie's appearance and attire in lascivious manner, id. \u00b6\u00b6 42, 49, 60; solicited naked pictures of both Currie and Shyr, id. \u00b6\u00b6 67, 99; and frequently greeted Shyr in public space with kisses and hugs, and would often graze his hand across her back while giving her these hugs, all unwanted physical contact, id. \u00b6\u00b6 109-10. Defendants argue that Currie and Shyr fail to allege \"that Ruske intended to cause emotional distress to [them].\" D. 6-1 at 12-13. As such, they contend that the first element of the emotional distress claim has not been met and, therefore, Counts and must be dismissed. 13 Id. at 12. Massachusetts courts rely on Restatement (Second) of Torts when analyzing such claims. See Kasper v. Corley, No. SUCV201200925, 2015 2062226, 13 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 11/17 Restatement (Second) of Torts Section 46, comment i. Thus, Massachusetts courts have recognized that \"[a]lthough [such a claim is] denominated an 'intentional' tort, a review of decisions in which the cause of action has survived a motion to dismiss indicates that the majority of such actions are based, not only on conduct engaged in for the purpose of causing distress, but on conduct that the actor should have known would result in distress.\" Quinn v. Walsh, 49 Mass. App. Ct. 696, 706 (2000). Accordingly, Currie and Shyr need only allege that Ruske's actions were likely to cause Currie and Shyr to suffer severe emotional distress. They have done so. 14 at 8 (Mass. Super. Ct. Apr. 2, 2015) (stating that in \"[f]ollowing the Restatement (Second) of Torts, the [Supreme Judicial Court (\"SJC\")] recognizes liability for intentionally or recklessly caused severe emotional distress\") (citing Nancy P. v. D'Amato, 401 Mass. 516, 521 (1988)). Prior to Agis v. Howard Johnson Co., 371 Mass. 140, 355 N.E.2d 315 (1976), manifestations of bodily injury were a requisite element of such a claim. In particular, the has relied upon the Restatement in articulating its approach to the first element of an intentional infliction of emotional distress claim. Id. at 144-145. That comment states: The rule . . . applies where the actor desires to inflict severe emotional distress, and also where he knows that such distress is certain, or substantially certain, to result from his conduct. It applies also where he acts recklessly, as that term is defined in \u00a7 500, in deliberate disregard of a high degree of probability that the emotional distress will follow. 2 14 2 See, e.g., Harrison v. Loyal Protective Life Ins. Co.,, 379 Mass. 212, 213-214, 219-220 (1979) (holding that an intentional infliction of emotional distress claim survives a motion to dismiss where an employer, aware that his employee had cancer and was, therefore, unable to continue working for the employer, threatened to terminate the employee once he regained health if he filed for physical disability benefits); Brown v. Nutter, McClennen & Fish, 45 Mass. App. Ct. 212, 213-214, 218-219 (1998) (holding that such a claim survived a motion to dismiss where a secretary alleged she was compelled and manipulated to notarize a forged document prepared by the attorney for whom she worked, on threats that he would commit suicide if she did not); Simon v. Solomon, 385 Mass. 91, 95-98 (1982) (concluding that 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 12/17 judgment was properly entered on evidence that plaintiff suffered emotional distress as a result of the defendant landlord's failure to address repeated flooding, with water and sewage, of her basement apartment). Defendants also argue that Currie and Shyr have not met the \"extreme and outrageous\" requirement of the second element of the intentional infliction of emotional distress claim. D. 6-1 at 12-13. Such contention here, however, does not account for the fact that \"[t]he student stands in a particularly vulnerable relationship vis-\u00e0-vis the university, the administration, and the faculty. [Currie and Shyr are] away from home, subject to the authority and discipline of the institution, and under enormous pressure to succeed.\" Russell v. Salve Regina Coll., 649 F. Supp. 391, 402 (D.R.I. 1986). Plaintiffs have alleged that Ruske repeatedly subjected them to emotional distress and that he even acknowledged the inappropriateness of his conduct on numerous occasions. D. 1 \u00b6\u00b6 105, 115, 130 (recognizing the unbecoming nature of his comments to Currie); id. \u00b6\u00b6 60, 74 (acknowledging the impropriety of his behavior toward Shyr). \"[E]vidence that the defendant engaged in a pattern of conduct or repeated harassment may compound the outrageousness of incidents which, taken individually, might not be sufficiently extreme to warrant liability for infliction of emotional distress.\" N. Shore Pharmacy Servs., Inc. v. Breslin Assocs. Consulting LLC, 491 F. Supp. 2d 111, 132 (D. Mass. 2007) (internal quotation marks omitted). 3 3 Although the court in Russell, 649 F. Supp. at 400, dismissed the negligent infliction of emotional distress claim because of unique Rhode Island state law provisions, it did not dismiss the intentional infliction of emotional distress claim. Plaintiffs point to Chivers v. Cent. Noble Comm. Schs., 423 F. Supp. 2d 835 (N.D. Ind. 2006), a case that shares some characteristics with the facts presented here. In Chivers, the court denied summary judgment where a teacher sent sexually suggestive instant messages to his 17-year-old student. Id. at 841-42. The student had the ability to block the teacher from sending her messages, but feared he would think something was wrong if she stopped talking to him. Id. at 15 842. This was especially disconcerting to her because the teacher had control over her grades. Id. The teacher had also acknowledged in some instant messages that his behavior was \"risky.\" Id. The district court held that a \"reasonable finder of fact could conclude that 15 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 13/17 [the teacher's] pursuit of [his student] was beyond the bounds of decency and went beyond a mere annoyance, triviality, or inconsiderate act that a [teenage student] should be expected to be hardened to.\" Id. at 858. While Defendants contend that Chivers is a case involving a more extended and invasive series of communications between a high school teacher and a teenage girl, the Court does not agree that it makes it materially distinguishable. The facts of both cases involve instructors making unwanted sexual advances on their students through text or instant messaging, despite admitting in those messages that the contact may be inappropriate. At minimum, the Chivers case lends credence that Plaintiffs have presented a viable claim for intentional infliction of emotional distress. Thus, from the factual allegations and in light of the repeated harassment alleged by Currie and Shyr, the Court concludes that the Plaintiffs have adequately pled the extreme and outrageous nature of Ruske's actions. Defendants do not challenge the fact that Currie and Shyr suffered severe distress as a result of Ruske's actions, but even if they had, the Court finds those elements sufficiently pled. Moreover, \"[b]ecause reasonable [people] could differ on these issues, [the Court] believe[s] that it is for the jury [or the Court at summary judgment] . . . to determine whether there should be liability\" on this claim. Agis, 371 Mass. at 145-46 (internal citation and quotation marks omitted); see Boyle v. Wenk, 378 Mass. 592, 597-98 (1979). Accordingly, the Court denies the motion to dismiss the intentional infliction of emotional distress claims asserted in Counts and VIII. 16 16 C. Assault and Battery (Counts and X) \"Assault, under Massachusetts tort law, requires that the defendant 'act[ed] intending to cause a harmful or offensive contact' with plaintiff, 'or an imminent apprehension of such a contact,' and that plaintiff was 'thereby put in such imminent apprehension.'\" Kennedy v. Town of Billerica, 617 F.3d 520, 538 (1st Cir. 2010) (quoting Restatement (Second) of Torts \u00a7 21(1) (1965)); Guzman v. Pring-Wilson, 81 Mass. App. Ct. 430, 434 (2012). \"'An actor is subject to liability to another for battery if [a] he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and [b] a harmful contact with the person of the other directly or indirectly results.'\" Waters v. 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 14/17 Blackshear, 412 Mass. 589, 590-91 (1992) (quoting Restatement (Second) of Torts \u00a7 13 (1965)). In assessing whether a defendant's actions are considered to be an \"offensive contact,\" the Court must ask whether they \"would offend a reasonable person's sense of dignity.\" United Nat. Ins. Co. v. Penuche's, Inc., 128 F.3d 28, 32 (1st Cir. 1997); see Restatement (Second) of Torts \u00a7 18, cmt. g (1965) (\"The interest which one has in the inviolability of his person and, therefore, in freedom from unpermitted contacts which, while offensive to a reasonable sense of personal dignity cause no substantial or tangible bodily harm, is an interest of dignitary rather than of material value\"). \"Contact offends a reasonable sense of personal dignity if it is unwarranted by the social usages at the time and place at which it is inflicted.\" Pettey v. Belanger ex rel. Belanger, 232 B.R. 543, 547 (D. Mass. 1999) (citing Restatement (Second) of Torts \u00a7 19, cmt. a). Shyr alleges that shortly after Ruske solicited naked pictures from her, he began to kiss her on the cheek and hug her when he would greet her. D. 1-2 \u00b6\u00b6 108-09. Shyr further alleges that during these hugs, he would graze his hand across her lower back. Id. \u00b6 110. Defendants contend that these allegations are insufficient to support a claim of assault and battery. They argue that 17 Shyr has \"[m]erely alleg[ed] that Ruske's actions 'created a generalized fear or some other unspecified psychological harm,' [which is] insufficient to support Shyr's claim for assault and battery.\" D. 6-1 at 15 (quoting O'Neil v. DaimlerChrysler Corp., 538 F. Supp. 2d 304, 317 (D. Mass. 2008)). But context is everything. Far from pleading a \"generalized fear\" or \"unspecified harm,\" Shyr alleges in detail Ruske's pattern of sexually harassing her through e-mail and text message. D. 1-2 \u00b6\u00b6 99-107, 111-18. She further alleges that after this sexual harassment began, he began intentionally hugging, kissing and grazing her lower back upon greeting her. Id. \u00b6\u00b6 108-09. These unwanted touches by Ruske made Shyr so uncomfortable that she began hiding \"behind doors and walls at whenever she saw him approach.\" Id. \u00b6 125. The allegation of sexual harassment\u2014both verbal and physical\u2014of a student by her professor is certainly sufficient to offend a reasonable person's sense of personal dignity. See Strong v. Wisconsin, 544 F. Supp. 2d 748, 763 (W.D. Wis. 2008) (noting that \"the standard for what qualifies as 'offensive' is a low one\" and agreeing with another court that \"[t]he uninvited kiss, no matter how cold and 17 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 15/17 chaste, upon the nonconsenting . . . is an assault and battery\") (internal quotation and citation omitted); see also Westcott v. City of Omaha, 901 F.2d 1486, 1489 (8th Cir. 1990) (explaining that a \"defendant may be liable [for battery] when intending only a joke, or even a compliment, as where an unappreciated kiss is bestowed without consent, or a misguided effort is made to render assistance\"); Mortenson v. City of Oldsmar, 54 F. Supp. 2d 1118, 1121-22 (M.D. Fla. 1999) (denying Defendant's motion for summary judgment because a city councilman's hug and kiss of a city clerk at an official function could be \"offensive\" and uninvited). While Defendants correctly cite the proposition that \"[w]ords do not make the actor liable for assault unless together with other acts or circumstances they put the other in reasonable apprehension of an imminent harmful or offensive contact with his person,\" O'Neil, 538 F. Supp. 2d at 317 (internal quotation and citation *18 omitted), Shyr has met her burden of pleading the \"other acts or circumstances\" that put her in reasonable apprehension of offensive contact with Ruske. Shyr has presented sufficient facts that, if accepted as true, support plausible claims of assault and battery and, accordingly, the Court will Defendants' motion to dismiss Counts and X. 18 VI. Conclusion For the foregoing reasons, the Court Defendants' motion to dismiss, D. 6. So Ordered. /s/ Denise J. Casper United States District Judge About us Jobs News 2/22/25, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 16/17 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, 7:37 Shyr v. Trs. of Bos. Univ., Civil Action No. 16-11124 \| Casetext Search + Citator 17/17", "7246_106.pdf": "The Boston University Equal Opportunity Office. The ongoing employment of College of Fine Arts professor Eric Ruske, who was sued for sexual harassment in 2016 by two former students, has sparked doubt in BU\u2019s Title commitment after a student said Ruske tried messaging them on the dating app Bumble Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student through Bumble September 8, 2021 2:44 am by Daily Free Press Staff By Jes\u00fas Marrero Su\u00e1rez and Madhri Yehiya Boston University student who asked to remain anonymous for fear of retaliation and judgment said College of Fine Arts professor Eric Ruske messaged them through the dating app Bumble in May. Ruske, a current professor of music and horn performance, was sued by two former students for sexual harassment in 2016. The anonymous student said they found Ruske on Bumble after being dared by their roommates to change the age of people they could match with to the highest it can go. After having matched with Ruske, the student said in the messaging chat he flirted with them, invited them to \u201ccome over\u201d and expressed he wanted to play for them sometime. The Independent Student Newspaper at Boston University Science Staff Applications Contact About \uf347 Donate Advertising Print Edition Tips Archive Press \uf347 \ue900 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 1/7 \u201cIt just happened, and it\u2019s a shitty feeling,\u201d the student said. \u201cYou can\u2019t really feel it until it\u2019s you.\u201d The student added that a culture of \u201cvictim-blaming\u201d and a general distrust that anything would be taken seriously are the reasons they chose to not report the incident. In 2016, Ruske\u2019s former students said he had made inappropriate comments, verbally harassed them online, hugged and kissed them on the cheek and asked them for pictures of themselves through text and email several times. Screenshots given to The Daily Free Press show Ruske\u2019s verified Bumble account, the student\u2019s conversation with their roommates occurring in parallel as the Bumble messages, as well as the first four messages. His profile in the screenshot displays that he is 57 years old and a professor at BU. The student said their own profile similarly displays their name, age and occupation as a student. They noted that if Ruske was able to match with them, a 19-year old student, it follows that Ruske both keeps the age he has at or below that range. \u201cThis situation is so absurd,\u201d they said. \u201cAfter being sued for sexual misconduct, he\u2019s still on Bumble messaging 19- year-old students and trying to get them to come over.\u201d Ruske\u2019s continued position as a member of the faculty after the 2016 law suit has led some students to doubt the University\u2019s ability to create a safe environment for its students despite its recent commitments to respond to concerns about sexual harassment and assault spokesperson Colin Riley provided in an email a list of resources for students to report instances of sexual misconduct, anonymously or not. \u201cWe strongly encourage students to report any conduct by a member of the faculty that they believe is inappropriate so that the University can investigate to determine whether any University policies have been violated or further action is warranted,\u201d he wrote. Riley declined to comment on Ruske himself. Ruske did not respond to two requests for an interview over email. He currently teaches two 500-level horn classes as well as private lessons in Brass Orchestral Techniques, according to information available on Student Link. Russell Thompson, a 2017 Master\u2019s of music graduate from the College of Fine Arts, said he was classmates with one of Ruske\u2019s accusers, Erin Shyr. Thompson said Ruske\u2019s professorial position created a power imbalance in Ruske\u2019s interactions with Shyr, and that no action was taken by the University at the time after his classmate reported it. \u201cHe took advantage of his position and just was constantly soliciting her,\u201d he said. \u201cHe\u2019s a well known individual, he\u2019s been doing this for a long time. Everyone in this school knew that \u2018oh, that\u2019s Eric.\u2019\u201d Shyr and fellow accuser Maria Currie received minimal support from the University, leading them to file their 2016 lawsuit against Ruske for sexual harrassment and for failing to comply with Title regulations and mishandling their cases. Thompson added that the cases of Shyr, Currie and the anonymous student are likely not the only incidents of Ruske soliciting students. \u201cThe thing is these are the ones that we can prove,\u201d he said. \u201cThese are the ones that get covered and that we know about.\u201d Thompson said the fact that Ruske continues to be employed at the University makes him \u201cashamed,\u201d adding he does not understand why nothing has been done despite a substantial amount of evidence. \u201cHow can there just be nothing [that] come[s] of that?\u201d Thompson said. \u201cTo do something so irresponsible and callous, and then do it in the dumbest possible way and get caught, and then have nothing happen.\u201d 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 2/7 Thompson said Ruske\u2019s notoriety for misconduct is well known around major conservatories, adding he has heard of people avoiding applying to because he is a professor. The anonymous student said they think Ruske\u2019s reputation as a famous horn player is the only reason the University has not fired him, noting it doesn\u2019t align with their supposed commitments to sexual misconduct prevention on campus exhibits this performative pattern of activism where they claim to believe survivors,\u201d they said. \u201cThey release these statements, they make councils to \u2018look into things,\u2019 but when someone comes forward, they treat them as allegations. They just don\u2019t believe people despite having proof.\u201d Prisha Sujin Kumar, cofounder of the Instagram account Campus Survivors and a senior in the Sargent College of Health and Rehabilitation Sciences, said she was part of the team that helped formulate BU\u2019s recent commitments to sexual misconduct prevention announced by University Provost Jean Morrison, but did not see the immediate change she expected lot of this stuff does not seem like an active commitment,\u201d she said. \u201cIt really seems like the University put a statement for the sake of it.\u201d She said one of the biggest hurdles faces is a lack of trust from the student body, adding the administration\u2019s hesitance to release a statement of accountability hinders their relationship with students further. Ruske\u2019s case, Kumar noted, exemplifies the University\u2019s willingness to protect offenders and not take accountability. \u201cThere is substantial proof that he is a predator and he is harming the community actively,\u201d she said. \u201c[BU] can say so much, but they\u2019re not actually doing anything to stop it.\u201d The anonymous student said awareness could ultimately bring about change, similar to the student-led push for grade reevaluation over the summer for those who had Benjamin Welton, an alleged white supremacist, as their teaching fellow. \u201cWe just need another thing like that to gain traction,\u201d they said. \u201cBecause if we know about it, if kids stop taking his class, that\u2019s going do a whole lot more than a lawsuit apparently previous version of this article stated Prisha Sujin Kumar is the founder of Campus Survivors. She is a cofounder. Daily Free Press Staff More Articles 4 Comments John Sand September 8, 2021 at 10:31 am There\u2019s some very important context missing here. On Bumble, the man cannot message first. So, did this person not realise who he was they did, how on Earth could they consider themselves a victim if they chose to make the first move? Lucy September 8, 2021 at 10:59 am If the student is non-binary or a man themselves, the man can message first. You\u2019re assuming this is a heterosexual interaction. Also, even if this person knew they matched with a professor under the pretense 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 3/7 of a DARE, they can still be victimized by the PROFESSOR, who has the in this situation, and decides to engage with the student in the first place. It is perfectly reasonable for a student to assume a professor would not message them on a dating app and flirt, regardless of if they \u201cmatched\u201d or if the student sent a message (which may have not been flirtatious at all), because doing so violates the professor\u2019s agreement with the university the student\u2019s. John Sand September 9, 2021 at 6:39 am did assume that the message was somehow flirtatious. That was a mistake. That said, all previous accusations against Ruske were made by women\u2013but yes, he probably should have unmatched, and certainly shouldn\u2019t have had the age filter set to 19 at most. Even if this isn\u2019t a student, he no longer gets the benefit of the doubt. Which he should not also assume that the student didn\u2019t realise who he was exactly at first. It\u2019s been five years since the lawsuit, and is tiny September 12, 2021 at 1:35 pm Lucy S, On Bumble, the woman or the one that identifies as non-binary or woman, has to initiate the first message. Was her message(s) flirting? Is there not accountability on her end? It seems to me that everyone would like to end this professors career without asking questions and that in itself is quite alarming. Are you discriminating against a single, professional male that happens to date younger, yet legal, women? What harm can be done by flirting online? Remember, the anonymous accuser matched with him and messaged him and apparently went back and forth with messages. Until someone has the intestinal fortitude to stand by there accusations, show the messages that went back and forth between two adults (it would put a lot of things in context believe), everyone should calm down and stop jumping to dramatic conclusions that his career needs to be ended and dragging his name through the mud could anonymously accuse people everyday and in the court of people opinion, ruin someone\u2019s life would challenge you this: reach out to the accusor, get screenshots of the messages, find out what was said by each party, then make your opinion known. Too many people throw around the word harassment and assault these days. Do these happen, yes, absolutely and it is quite disgusting believe that anyone who rapes, violates someone, uses power to extort should be punished accordingly also believe that we are in a society that loves to play victim at the slightest text message and that in itself takes away from those unfortunates that are victims of real assault and harassment. Get BU's headlines delivered straight to your inbox. Subscribe Email Address 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 4/7 Send tips about issues you want covered to [email protected] Support independent student journalism by donating to the FreeP here Sorry, that\u2019s not currently available. Luckily, lots of other stuff is hits Shuttle on Comm. Ave slows budget in preparation for federal funding cuts The myth of escape StuGov announces new Student Advisory Board \u2018It\u2019s a performance in hate\u2019: Boston athletes, community react to executive order banning trans women from competing in women\u2019s sports 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 5/7 Click here to fill out our Readership Survey hits Shuttle on Comm. Ave. February 21, 2025 slows budget in preparation for federal funding cuts February 20, 2025 The myth of escape February 20, 2025 StuGov announces new Student Advisory Board February 20, 2025 e ts t rships h n y y 5 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 6/7 About Contact Advertising Terms of Use Join Our Staff! Donate Board of Directors Copyright \u00a9 2025 The Daily Free Press Designed by 2/22/25, 7:37 Students question University\u2019s commitment to sexual misconduct prevention after accused professor messages student throug\u2026 7/7", "7246_107.pdf": "Eric Ruske. The Wyoming Symphony Orchestra withdrew an invitation for a Boston University music professor to perform as a guest horn player this weekend amid allegations of sexual harassment by two of his students. The symphony orchestra suspended its contract with renowned French horn player and music professor Eric Ruske after Survivors Network of those Abused by Priests, a national organization that advocates for victims of sexual assault, urged for a rescinded invitation, according to a statement from the group. Ruske was set to play with the symphony orchestra at Casper College Saturday and Sunday professor disinvited to perform with orchestra amid sexual harassment lawsuit By April 13, 2016 1 minute to read Meagan McGinnes 2/22/25, 7:37 professor disinvited to perform with orchestra amid sexual harassment lawsuit 1/3 \u201cIt\u2019s rewarding to see that a wrongdoer can\u2019t escape consequences just by going somewhere else,\u201d David Clohessy, director of SNAP, said in a statement. \u201cWe hope every person who saw, suspected or suffered misconduct by Ruske or his university supervisors or colleagues will come forward, get help, protect others, expose wrongdoing and start healing,\u201d he added. Ruske, was named in a civil lawsuit filed Tuesday by two women, Erin Shyr, 21, and Maria Currie, 22, a current and former student at BU, respectively. The women allege that Ruske sexually harassed them and that administrators ignored their repeated warnings. Ruske, BU, and the Wyoming Symphony Orchestra did not immediately respond to requests for comment. Conversation This discussion has ended. Please join elsewhere on Boston.com Most Popular In Related News Canadian anthem singer at 4 Nations Face-Off changes lyric to protest Trump 1 Ahead of 6 shows in Boston, Nikki Glaser can't quite believe it 2 Tatum\u2019s leads Celtics to domin over Sixers: 7 takeaways 3 2/22/25, 7:37 professor disinvited to perform with orchestra amid sexual harassment lawsuit 2/3 \u00a92025 Harvard and graduate students settle sexual harassment lawsuit Cambridge paid $1.4 million to settle sexual harassment case against police sergeant Coast Guard Academy works to change its culture following sexual abuse and harassment scandal Tell Us What You Think 2/22/25, 7:37 professor disinvited to perform with orchestra amid sexual harassment lawsuit 3/3", "7246_108.pdf": "Students allege that Professor Eric Ruske made repeated unwanted comments and suggested the students send him nude photographs. Photograph: Steve Dunwell/ Getty Images universities This article is more than 8 years old Boston University sexual harassment suit claims school protected professor Lawsuit from two former students claims harassment by music professor Eric Ruske, and says university policy \u2018favors perpetrators over victims\u2019 Molly Redden Tue 12 Apr 2016 19.25 Two former students of an acclaimed Boston University music professor have brought detailed accusations against him for sexual harassment, in a lawsuit claiming the university protected the professor despite evidence of his serial offenses. The lawsuit, filed on Tuesday morning in Massachusetts superior court, accuses Professor Eric Ruske of making repeated unwanted comments 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 1/6 toward Erin Shyr and Maria Currie \u2013 two undergraduate women \u2013 about their bodies and clothing, and suggesting to the students that they send him nude photographs. The two women say they separately brought copies of Ruske\u2019s harassing texts and emails to numerous members of Boston University\u2019s faculty, but received a muted response. Both are suing for emotional distress, and Shyr is claiming Ruske sexually assaulted her \u201cby placing her in fear that he would engage in or attempt to engage in unlawful sexual conduct\u201d. Ruske is an accomplished horn soloist who has been working at Boston University since 2000 and is an active faculty member of the College of Fine Arts spokesman for the university declined to comment, saying the school had not viewed the complaint. Ruske\u2019s voicemail greeting indicated he was out of the country until June. The professor did not immediately reply to an email seeking comment. The allegations against Ruske are extensive and highly detailed, pulling from what the lawsuit claims are Ruske\u2019s text and email exchanges with the students. \u201cYou can always send pix,\u201d Ruske allegedly texted Currie in 2013, according to the suit. Currie, who believed the request was for nude photographs, replied, \u201cHa, no promises.\u201d The suit claims Ruske replied: \u201cOf course not \u2026 a girl can dream, though.\u201d The suit claims that in a meeting Currie requested for feedback on a musical performance, Ruske compared her performance to sex, \u201cstating that listening to [her] play made him feel like the two of them were having sexual intercourse but that [she], though very beautiful, was only lying there and not doing anything\u201d. Later, the lawsuit claims, Ruske sent her an apologetic email. Currie complained to a member of the administration who said she should have told Ruske to stop texting her, the lawsuit says. With Shyr, Ruske allegedly initiated an email exchange during the 2014 spring break by praising her performance in his class. Shyr thanked him and rebuffed his familiarity, writing, \u201cMr Ruske, it wouldn\u2019t make me uncomfortable to call you Eric, but think it\u2019s only right for me to show you respect by calling you Mr Ruske.\u201d \u201cAbsolutely adorable, you are!!!\u201d he replied. They wished each other a pleasant spring break, and Ruske replied, \u201cHooooray!!! Maybe you\u2019ll share a 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 2/6 Most viewed cute pic with me\u2026 ;)\u201d Shyr says she interpreted the message as a request for a nude photograph. Both women say they are experiencing lasting emotional problems as a result of Ruske\u2019s alleged harassment. Currie transferred to a neighboring university. Shyr has struggled to complete school work, and both suffer fears of running into Ruske, the suit claims. They are seeking unspecified damages. The lawsuit also claims that, when they complained, Shyr and Currie received little support from administrators. In separate conversations with both women, one administrator suggested that because of Ruske\u2019s \u201cvibrant\u201d or \u201ceffusive\u201d personality, he did not understand that he was doing wrong, according to the lawsuit. The Department of Education has been investigating Boston University since 1 May 2014 for violations of the federal rules on investigating sexual assault. Tuesday\u2019s lawsuit claims that the set of new policies Boston University wrote in response to the investigation nevertheless \u201cfavors perpetrators of harassment over victims\u201d because it does not require specific sanctions for sexual harassment. The suit also accuses Boston University of violating a host of policies the school itself put in place for addressing complaints, including a failure to tell the two students the outcomes of their complaints, and continuing to assign Ruske to teach undergraduate and graduate students. Over Shyr\u2019s objections, Ruske also retained the power to assign her a grade in the spring semester of 2014. The women further claim that these failures are part and parcel of a culture of harassment at Boston University. They claim Ruske has a reputation for this kind of behavior. And in 2007 and 2013, the suit says, two College of Fine Arts faculty were accused of sexual assault, but failed to publicize the results of any investigation, allowing the two instructors to continue teaching elsewhere. 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 3/6 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 4/6 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 5/6 2/22/25, 7:38 Boston University sexual harassment suit claims school protected professor universities \| The Guardian 6/6"}
7,907	Michael Kallstrom	Western Kentucky University ‚Äì Bowling Green	[ "7907_101.pdf", "7907_102.pdf" ]	{"7907_101.pdf": "Heavily redacted sexual harassment records reveal misconduct Published 12:15 am Sunday, June 13, 2021 By [email protected] ( The heavily-redacted Title sexual misconduct records are shown after being obtained by the Bowling Green Daily News via an Open Records Request. (Photo illustration by Grace Ramey/[email protected]) Heavily redacted records documenting sexual harassment committed by Western Kentucky University employees reveal numerous instances of misconduct that resulted in faculty and staff being allowed to quietly leave their jobs or retire. And in some cases, those who knew about the transgressions failed to report them \u2013 even when students came forward to complain. The newly released \u2013 though heavily blacked out \u2013 employee sexual misconduct and harassment records are the result of an Open Records Act request that a student journalist with WKU\u2019s College Heights Herald placed in November 2016. Email newsletter signup The reporter, Nicole Ares, asked for documents of Title investigations into faculty and staff sexual misconduct against students that spanned the previous five years, and she made the same request of every public university in the state. Six universities complied with Ares\u2019 request, redacting the names of students and their identifying information. Ares\u2019 award-winning report \u2013 \u201cIn the Dark: Records Shed Light on Sexual Misconduct at Kentucky Universities\u201d \u2013 found that many university faculty from across the state who were accused and ultimately found to have committed acts of sexual misconduct were allowed to quietly leave their jobs or stay with just a slap on the wrist. Only two schools \u2013 Western Kentucky University and Kentucky State University \u2013 outright refused to hand over the records to Ares, with or without redactions. The following year, in 2017 sued its own student newspaper to keep the records out of the public eye \u2013 even after then-Attorney General Andy Beshear found that the university failed to adequately explain why it was denying the request. Beshear ruled at the time that must allow immediate access to the records \u2013 with the exception that the names and personal identifiers of complainants and witnesses be withheld. In March, after a Kentucky Supreme Court ruling on a similar lawsuit between the University of Kentucky and its student-run newspaper said it would provide to the College Heights Herald \u201cdocuments related to all Title investigations asserted against employees from November 2011 to November 2016 has maintained that federal privacy law prevented it from \u201creleasing information which could lead to the identification of complainants.\u201d \u201cWe made it clear that we would follow legal precedent, and this ruling provides much needed additional clarity,\u201d Andrea Anderson, WKU\u2019s general counsel, said in a statement at the time. \u201cOur focus from the beginning has been on protecting the identity of those filing the complaints. We look forward to bringing the litigation with the Herald to resolution.\u201d The Daily News obtained and reviewed its own copies of the heavily redacted employee sexual misconduct and harassment records through its own Open Records Act request. The substance of the records In most cases \u2013 though not all \u2013 the names of employees accused of sexual misconduct or harassment were redacted. \u201cThe names of the respondents are not redacted in the cases in which there was a finding of a policy violation,\u201d Anderson wrote in an email to the Daily News. However, a Daily News analysis found that, in at least two case files, the names of two employees who were accused of misconduct remained unredacted. The Daily News is not disclosing the names of these individuals because the university ultimately found that a policy violation had not occurred in both cases. There are, however, five case files in which the names of the accused employees were intentionally left unredacted and a violation was found to have occurred. Sign up for our daily email newsletter add your email address here, cancel anytime Subscribe Anderson confirmed Friday to the Daily News that four of the individuals are no longer employed at WKU. The fifth employee was allowed to retire from the university, according to his case file, and a Daily News obituary states that someone by that name died last year. The five individuals are: Michael Kallstrom \u2013 Female students complained that Kallstrom, a university distinguished professor in WKU\u2019s Music Department, subjected them to inappropriate touching, comments and looks. During one such occasion, when a student was visiting Kallstrom\u2019s office and was accompanied by a male student, Kallstrom grabbed the female student\u2019s thigh when the male student turned his head to take a phone call, the records said. \u201cThe Anonymous Complainant said as soon as she walked out of Dr. Kallstrom\u2019s office she told her friend what occurred, but he said he did not witness it.\u201d The student also recounted another episode during which she wore a T-shirt and Kallstrom told her \u201cif it was lower cut, it would look better,\u201d according to the investigation documents. After speaking with more than 20 witnesses, the university\u2019s investigator wrote that \u201cdue to the numerous reports of inappropriate physical contact from witnesses interviewed and inappropriate comments mentioned, the corroborating evidence is overwhelming.\u201d Kallstrom was found to have violated university policy, and he longer works at WKU. However, the investigation revealed that the student who brought forward the complaint told at least three faculty members of Kallstrom\u2019s behavior before the university began its investigation. The conclusion of the investigation found that \u201csome of the faculty chose not to report their meeting(s) with the Anonymous Complainant to the Title Coordinator, a Deputy, and/or one of the Investigators.\u201d Every employee at is considered a \u201cresponsible employee\u201d and is required to report allegations of sexual misconduct and assault \u2013 especially those reported by students. The investigation found that several faculty members failed to live up to that responsibility. Kenneth Johnson \u2013 Johnson first got the attention of WKU\u2019s Title investigator in March 2014 when a student complained that \u201cMr. Johnson threatened to place a hold on her TopNet account, which would prevent her from registering for classes, if she did not stop by his office to visit him and/or have dinner.\u201d Johnson had no authority to place a hold on the student\u2019s account, the file said, but \u201cbefore she discovered the truth, she agreed to have dinner with him. She specifically stated had knots in my stomach. It bothered me how he used his position as a form of manipulation.\u2019\u201d The student told investigators that she knew of other students who had been coerced by Johnson, and that she once witnessed him having dinner with another student. Rumors about Johnson dating female students and having sexual relationships with them \u201cwere common,\u201d the investigation said. Investigators also learned that \u201cKenneth has made negative remarks in front of others about a male student potentially being gay, including while this student was also present.\u201d The investigation found that Johnson did in fact violate WKU\u2019s Standards of Conduct Policy and Discrimination and Harassment Policy, in addition to Title of the Educational Amendments of 1972. Johnson is no longer employed by the university, Anderson told the Daily News. Colleen Donovan \u2013 Records show that investigators found Donovan did violate university policy when she was employed as an academic readiness instructor at WKU. Although some of Donovan\u2019s behavior is obscured by the university\u2019s redactions, the investigation cites testimony from students that \u201con the first day of class, Ms. Donovan told the class that the highest grade each of the students would receive would be a C, except for one or two students who would receive an or a B.\u201d When one student arrived late to class and protested being marked absent, Donovan \u201cyelled at her, began walking circles around her, and telling her that she (Donovan) was in charge of the class,\u201d according to the records. Donovan encouraged the student to drop her class, the student complained, and records show that the university also investigated the case as a possible instance of sex discrimination because the student was the only female in her class. The university was not able to prove that discrimination had occurred, however. Multiple students complained that Donovan refused to take their questions in class and to accept their work: \u201cColleen continuously rejects drafts of their papers, requests them to re-do assignments, but never accepts their work as final submissions,\u201d the file states. Records make clear that administrators recommended disciplinary action be taken against Donovan, but they do not spell out exactly what kind of action, leaving that up to her unit and department leaders to decide. Donovan is no longer employed by WKU, Anderson confirmed Friday. Steve Briggs \u2013 Briggs\u2019 case file reveals that he was issued a verbal warning by his supervisor in 2013 \u201cregarding your inappropriate touching of and comments towards at least one other employee.\u201d It was a warning that Briggs allegedly failed to comply with, and in November 2014, he drew the attention of the university\u2019s Title officials once more, earning him another warning \u2013 though this time it was written. In January 2015, he was notified that \u201cthese incidents \u2013 including your poor judgment and non-compliance with my prior directive \u2013 serve as the basis for this written reprimand. Any further incidents/complaints or violations of this nature will result in a recommendation for termination of your employment.\u201d It\u2019s unclear who sent the memo to Briggs because the person\u2019s name is blacked out. As a consequence at the time, Briggs was required to undergo training to address appropriate workplace interactions. Briggs is no longer employed at WKU, the university\u2019s general counsel confirmed. Timothy Mullin \u2013 Mullin\u2019s case file indicates he was allowed to retire (though it is not clear when because the date of his retirement memo is redacted) after complaints surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. One female employee complained that \u201che has publicly humiliated me, habitually speaks to me in a condescending manner usually reserved for small children and animals.\u201d The case file also documents Mullin\u2019s behavior around male students: how he would openly stare at students\u2019 behinds and make inappropriate comments about their appearance, according to the files. Another complainant stated that \u201cTimothy Mullin is a lawsuit against simply waiting to happen. If he remains employed by the university it is simply a question of when. If his serial sexual harassment of male students becomes public knowledge, it will result in irreparable harm to WKU\u2019s reputation with students, parents and the community at large Daily News obituary for a man by that name states that Mullin died in November 2020. Despite those details regarding five individuals, the heavily redacted records obscure basic details of WKU\u2019s misconduct and harassment investigations. In total provided 17 case files to the College Heights Herald, spanning 1,896 pages of internal memos and emails, investigation notes and administrator interviews with the accused, witnesses and complainants. Some records are so heavily redacted that the exact nature of the complaint \u2013 including the alleged misconduct \u2013 is obscured. In many cases, the personal notes investigators took are rendered unreadable, the contents of entire pages withheld. Michael Abate, an attorney with the Louisville-based law firm Kaplan, Johnson, Abate and Baird who is representing the College Heights Herald, called the redactions \u201ctotally inappropriate\u201d and, in his view, are a sign that the university is acting in bad faith. \u201cThe only thing that should have been redacted from this is any specific identifying information regarding a student involved in the investigation,\u201d Abate told the Daily News. After the Kentucky Supreme Court decision in the case between the University of Kentucky and its student newspaper, the Kentucky Kernel, Abate said he made clear to the university that only student names and identifiers should be withheld from the records. Abate said he notified the university that the names of accused employees \u2013 regardless of the university\u2019s finding in each case \u2013 should be disclosed to the College Heights Herald. He said he provided examples backed up by case law and opinions from various attorneys general on the matter to make his point. \u201cThey utterly ignored that,\u201d Abate said. \u201cThey did this knowingly without any justification, and it\u2019s wrong.\u201d \u201cIn our view, this was not done in good faith,\u201d Abate told the Daily News, calling the redactions \u201cjust a continuation of the culture that is totally adverse to transparency.\u201d Jon Fleischaker, also an attorney with Kaplan, Johnson, Abate and Baird, is credited with helping to draft Kentucky\u2019s Open Records Act and said he found the extent of the redactions baffling and \u201cextremely disappointing.\u201d Fleischaker called the sheer breadth of the redactions inappropriate and that they are not authorized by the state\u2019s Open Records law that he helped author. Speaking for himself and his wife, Kim \u2013 who have supported the university\u2019s journalism program over the years with awards and endowed courses \u2013 Fleischaker condemned the university\u2019s conduct in the case. \u201cWe are extremely disappointed in the way that the administration at Western (Kentucky University) has handled\u201d the records request, Fleischaker told the Daily News. The purpose of Kentucky\u2019s Open Records Act, Fleischaker said, is to dispel speculation and rumors and to promote government transparency and accountability with the clear light of day. This case is not about any individual professor or administrator, Fleischaker said, but about how the university is comporting itself in sexual misconduct and harassment cases. \u201cAre they doing a good job?\u201d Fleischaker said. For his part, Abate anticipated that the matter would wind up back in court. \u201cWe\u2019re prepared to continue asserting the public\u2019s right to know what happened,\u201d Abate said.", "7907_102.pdf": "Alexandra Hendricks WKUHerald.com \u2022 September 20, 2021 \u2022 decade-of-university-title-ix-actions/ Blacked out: Redacted sexual misconduct files obscure nearly a decade of university Title actions Lily Burris and Debra Murray After a four-year legal battle and a Supreme Court decision in a similar case released nearly a decade\u2019s worth of sexual misconduct records this summer in response to a Herald open records request filed in 2016 and another earlier this year. Files from both responses, a total of 39 investigations, were released but heavily redacted. In 27 cases, covering allegations of sexual misconduct lodged against faculty or other employees from 2011 through 2020, the university concluded that the incidents did not violate WKU\u2019s Title policy. Those claims involved both students and employees and ranged from possible homophobic job denial to what the person felt was excessive touching found, in nine cases, enough evidence that resulted in the resignation or retirement of faculty or staff members, effectively ending the investigation before a formal conclusion. This included a case of a male staff member threatening to place holds on a female student\u2019s TopNet account, blocking her from registering for classes, in exchange for going on dates. In three cases, enough evidence was found to fire or discontinue the employees. Michael Abate, the Herald\u2019s attorney at the Kaplan Johnson Abate & Bird law firm in Louisville, contends that the records released were \u201cseriously over-redacted.\u201d Abate said the Herald is in the process of disputing those redactions and may ask the courts to resolve the dispute. In the original Nov. 1, 2016, open records request, the Herald asked for all investigative records for all Title investigations into all sexual misconduct allegations against employees in the last five years. This request was mirrored in spring 2021 when began to fulfill the original request initially rejected the 2016 request by citing the Family Educational Rights and Privacy Act. The Herald appealed the decision to Kentucky\u2019s attorney general, who oversees public access laws. The then Attorney General, now Governor Andy Beshear ruled was in violation of the Kentucky Open Records Act and ordered to turn over the documents. Instead sued the Herald in Warren County Circuit Court in February 2017 in a case that still has not been resolved 4 1\u20442 years later. In a similar case where the University of Kentucky refused to turn over sexual misconduct records to the Kentucky Kernel, the university student newspaper, the state Supreme Court in March ruled in favor of the publication. The court opinion said could not use as an \u201cinvisibility cloak\u201d to hide all documents involved or associated with students. The federal law does indicate should be used to protect students\u2019 educational records. Abate said \u201ca requester is entitled to everything in the file not specifically exempt\u201d and cannot use to redact information about employees. The university is required to provide an index of reasons for their redactions. While did provide an index, Abate disputes whether many of the redactions were permissible under the Open Records Act. After the decision decided to begin turning over the 2011- 2016 records to the Herald, releasing redacted records over the next few months. In turn, the Herald made an identical request for records of such cases from 2016-2021. With the redactions, Abate said things appear to be missing from the files. The biggest one is the names of faculty and staff accused of wrong- doing, even if the claim is not found to be a violation of university policy. Abate said there is controlling case law that entitles the public to the names and handlings of the accusations. \u201cIn many instances, the university also redacted key substantive details of the allegations that make it difficult to know what actually happened,\u201d Abate said. \u201cSeveral files appear to be missing documentation contained in almost all other files. And in some places the redactions are not clearly explained, so it\u2019s impossible to know exactly what has been withheld.\u201d In a document outlining its reasons for redactions said it was following the ruling of the Supreme Court, federal privacy regulations and, on cases where no violations were found, a 2020 attorney general\u2019s opinion. For the public to have confidence in the safety of the campus community, Abate said, they must know these allegations are being handled seriously and appropriately. \u201cPublic universities simply cannot be permitted to sweep serious allegations under the rug or quietly push policy violators out the door to other institutions where they might offend again,\u201d Abate said. \u201cUnfortunately, the facts that have come to light from the Herald\u2019s reporting show that pattern of behavior is all too common among universities.\u201d Alexandra Hendricks \u2018In the dark\u2019 On May 4, 2017, the Herald published \u201cIn the Dark,\u201d an in-depth report in which former Herald staffer Nicole Ares reported on more than 1,200 pages of records obtained through public records requests to all eight public Kentucky universities. Six of the eight universities provided records at the time, with only and Kentucky State University denying the request. Ares\u2019 story detailed violations at Northern Kentucky University, Eastern Kentucky University and Murray State University. At the time Andrea Anderson, who was then Title coordinator and now WKU\u2019s general counsel, told Ares that had six investigations that resulted in violations of the university\u2019s misconduct policy. Alexandra Hendricks Title policy Deborah Wilkins, WKU\u2019s Title coordinator who at the time of the Herald\u2019s 2016 request was general counsel, said Title discrimination includes sexual harassment and assault, domestic violence and stalking. Wilkins said this policy is not a complaint process, but is more of a services process. When WKU\u2019s Title office talks about an investigation, Wilkins said, investigators try to use neutral language. The person who filed the report is referred to as the complainant. The person accused in the report is called the respondent. \u201cWhen we get a report, the first thing we do, whether it\u2019s an employee or a student, is [ask] what can we do to assist this person?\u201d Wilkins said. \u201cWhat services can we do to help them get on track? Get comfortable? Respond to their needs?\u201d These services are about bringing back the sense of safety and security the complainant had before, Wilkins said. This might include changing a student\u2019s residence hall, prohibiting someone from entering a residence hall or getting the student from a class. The majority of reports the Title office receives come from a student about another student. These reports then involve employees in the Office of Student Conduct such as Michael Crowe, director, or Melanie Evans, coordinator. Other reports to the Title office involve employees, like the ones the Herald requested. The cases are handled by the Office of Equal Employment Opportunity/Affirmative Action/University Services, where Joshua Hayes is director, Title deputy/investigator and university coordinator. Hayes declined to be interviewed. After a complainant files a report and immediate services have been administered, Wilkins said, she is obligated under law to ask the person if they want to file a complaint and have their case formally investigated. Wilkins said they treat each report like it\u2019s going to be a complaint, but it\u2019s not their top priority. \u201cMy priority is to help them first,\u201d Wilkins said. Once a report is made to the Title office against an employee, Wilkins reaches out to the complainant to speak with them about the issue. Whether or not the complainant responds, Wilkins and Hayes begin an investigation into the complaint if it\u2019s about an employee, a new step as of August 2020. When Wilkins speaks with a complainant, she asks them if there were any witnesses they want the office to reach out to, which they will have the opportunity to add later. The complainant will be asked if they want an adviser to help them through the process. After the complainant has spoken with the Title office, Wilkins will offer them a copy of the transcript of their conversation to review and edit before officially adding it to the file. Simultaneously, Wilkins and Hayes then reach out to the director of the area of the university where the respondent worked, assuming the complaint is not against the director, and inform them that a complaint has been filed against one of their employees. They ask the director to make sure the parties are not in close contact or sharing responsibilities. Next, they interview the respond- ent against whom the report was filed to hear their version of events. They too are offered an adviser and asked for their list of witnesses. The respondent may say the opposite of what the student says and they are also allowed to review their statement. If there are videos, messages or emails that can be provided as evidence to the case, Wilkins said she and Hayes would also review those as a part of this process. Hayes and Wilkins then start talking to witnesses and having them review their statements for the investigation. This can take varying lengths of time, depending on the size of the department, how many witnesses there are and how fast they respond. Once the file is completed, it is shared with the complainant and respondent. They may have nothing to add to it. \u201cThen Josh and will determine, do we think there\u2019s a likelihood the policy has been violated?\u201d Wilkins said. \u201cIs there enough here to have a hearing?\u201d Another change since August 2020 is that if there is an employee involved in a complaint, there will be a hearing with an outside officer from the state Council on Postsecondary Education unless the allegation turns out to be entirely without foundation. Wilkins said an example would be if there was an allegation of an incident that happened on campus and the accused employee was proven to be in California at the time. During this process, an employee respondent can decide to resign or retire. If they do, then the investigation stops and that will be noted in the record. Wilkins said this stops with retirement or resignation because the university essentially loses jurisdiction. If the hearing officer decides the respondent has violated Title policy, the office issues a notice. Then the respondent\u2019s department head and the vice president of the division where the respondent works have 10 days to decide how they\u2019re going to address it and inform WKU\u2019s Title office, another new step as of August 2020 requires any employee who hears of sexual misconduct to report it to the Title office, even if it doesn\u2019t involve them or their work, but does not expect the person making such a report to verify that the incident actually occurred. \u201cBasically, what I\u2019m hammering on them is you don\u2019t have to investigate, you don\u2019t have to determine if it\u2019s true,\u201d Wilkins said. \u201cJust call us and we\u2019ll determine if it\u2019s true and you can go on your way.\u201d Alexandra Hendricks Title changes On Aug. 14, 2020, new federal Title regulations took effect. \u201cIn my mind, the biggest change was the fact that if it involves an employee, there is a hearing,\u201d Wilkins said. This means that with every Title report that comes in involving an employee, the office has to do a full investigation. \u201cIf there\u2019s evidence to show that it\u2019s more likely than not that a violation occurred, we will have a hearing,\u201d Wilkins said. Reports that only involve students can end or be resolved without a hearing. For each report involving an employee, the hearing officer for the case is a neutral person from the state Council on Postsecondary Education. This hearing officer will hear from the complainant, respondent, any witness and the investigators before deciding if the policy or policies in question were violated. Before August 2020, those matters were handled within the university. After the hearing officer makes a decision, the complainant or the respondent can appeal it and then a new hearing officer will make a new decision. However, no one else can appeal the decision. The respondent\u2019s supervisor is not allowed to disagree and ignore it. Wilkins said has not, as of yet, had an occasion that would need a hearing officer from the CPE. \u201cThe other thing that was part of the changes in federal law was that if you\u2019re an employee and you have an investigation pending against you, you can\u2019t resign or retire,\u201d Wilkins said. \u201cNo one can prevent an individual from quitting a job, but the new regulations require us to note on that employee\u2019s permanent records, employment records that they resigned or retired under an investigation.\u201d Before, there was no requirement for a former employer to disclose if the person under consideration for a job had left their previous position under a Title investigation. Potential new employers only knew of that if they asked. It is now required to disclose if someone left under investigation in a job recommendation. Wilkins said the people hiring the respondent do have to reach out to the university and ask about them, and if they do, their former supervisor must tell them about the investigation. If a student leaves under an investigation, that is also noted on their permanent record. Wilkins said if a student or an employee leaves the university loses jurisdiction over the process. \u201cWe can\u2019t force people who are no longer associated with us to come back and go through the processes,\u201d Wilkins said. From the case files the Herald received through open records requests, several of the cases appear to have ended because the employee left the university. Amid the Title policy changes, there is also now a requirement for the supervisors of the employee who is found to violate the policy to report back to the Title office in writing their decision on what to do within 10 days. \u201cWhen you\u2019re forced to look at objective decision making and make your own decision and sign your name to it, it makes it a little harder to excuse bad behavior,\u201d Wilkins said. The decision about consequences for the respondent goes to the super- visor and the vice president of their division because they are responsible for the people who report to them. Wilkins said they should be a part of this process. \u201cIt holds them accountable in two ways \u2014 one, accountable to address the bad behavior that\u2019s already happened, and it also makes them aware that they\u2019re also going to be held accountable for future bad behavior,\u201d Wilkins said. She said that in the past, supervisors have asked Title what they thought about the situation and asked for advice. At the level, Wilkins said some minor change to the Title policy should be going to the president\u2019s cabinet this week. This includes adding prevention of discrimination. Alexandra Hendricks 39 Files \u2013 the breakdown Out of 39 cases the Herald received, five files had male complainants, 31 files had female complainants, two files had complainants from two genders and one case file\u2019s complainant gender could not be determined. There were 36 case files with male respondents and 3 case files with female respondents. The records show that the university found violations of the Title policy in 12 of the 39 cases investigated did not redact the names of faculty or staff members who were found to have violated the policy in those instances. The files varied in size ranging from 15 pages to 293, totaling to 5,884 pages, varying based on the number of witnesses interviewed, evidence and who handled the case. \u201cThe only difference, and this is very innocent, is [that] you got two different people in charge,\u201d Wilkins said. \u201cJoshua Hayes is very detail oriented and he documents everything and keeps everything so that\u2019s why you\u2019ll see a whole lot more in his files.\u201d Before June 30, 2015, the Director of the Office of Equal Employment Opportunity and the Title coordinator was Huda Melky, who retired. The variance in the case files extends to how much is redacted. One example is in Case from the 2016 open records request, where words from WKU\u2019s own Discrimination and Harassment Policy from April 1, 2013, were redacted from the file the university turned over to the Herald. \u201cThis policy does not supersede or replace any grievance or complaint procedures contained in the [redacted] Handbook,\u201d the case file stated. There is another one word redaction in the \u201cMembers of the University Committee\u201d subsection and several one word redactions in the \u201cConsensual Relationship\u201d subsection. \u201cIt is impossible to understand why the university would redact part of a university policy that is otherwise publicly available,\u201d Abate said. \u201cThere is no good-faith basis for doing so.\u201d Alexandra Hendricks Cases to note Within the records the Herald received, most of the names of those faculty and staff investigated were redacted. However, 12 records where found violations occurred or likely occurred did include the employee names. One of the 39 cases, Case from the Herald\u2019s 2021 open records request, is a student employee vs. student employee Title and Title report and investigation. The events on this file revolve around two former student employees at the Herald during the 2019-20 year. The files consist of emails and handwritten notes and do not have any formal memos stating whether or not the respondent violated any policies. Investigators recommended that the person accused complete two training sessions, and that person was not hired back at the Herald. The Herald is disclosing this information about this case to hold itself to the same standard as WKU. Alexandra Hendricks Cases with violations Kenneth Johnson Case Kenneth Johnson, former assistant director of student activities, was investigated for violating the sexual misconduct policy in 2014 after a student filed a complaint of sexual harassment. In the complaint, the student said on several occasions that Johnson threatened to place a hold on her TopNet account to prevent her from registering for classes if she did not stop by his office to visit him and have dinner with him. The student said she initially thought Johnson had the authority to place a hold on her account, but later found out that he could not do that. Before learning that, she agreed to have dinner with him had knots in my stomach. It bothered me how he used his position as a form of manipulation,\u201d the student stated in the report. The student said she had seen other students experience similar occurrences with Johnson. In the investigation interviewed 24 witnesses. Some denied experiencing or witnessing any form of harassment. Other witnesses mentioned trying to avoid Johnson, hearing rumors about him dating or having \u201cflings\u201d with female students, saying Johnson was \u201cclose\u201d with female students. One witness said, \u201cIt was a running joke that if you wanted to get ahead, you would sleep with Kenneth.\u201d Another witness said Johnson would take her to lunch and dinner, one-on-one, approximately three times per week. He would pick her up at her home, and would play \u201cromantic\u201d music. Johnson had purchased alcohol for both of them at dinners. Based on the findings of the investigation, Johnson violated WKU\u2019s Standards of Conduct policy and Discrimination and Harassment policy in addition to Title of the Educational Amendments of 1972. The file does not indicate if Johnson retired or resigned, but he is no longer employed at WKU. Other violations found Case B, from the 2016 request, involved Colleen Donovan, an academic readiness instructor, who found had violated the university\u2019s discrimination and harassment policy, according to the investigation in May 2014 female student in her class filed a complaint because she notified Donovan that she would need to miss a few classes due to medical reasons. Donovan told her that she does not accept medical excuses, that no one could help her, and that according to her syllabus if a student is absent from three classes the student\u2019s grade drops to the next lower grade. Donovan was no longer employed at the university after May 2014. Case C, from the 2016 open records request, involved Timothy Mullin, former director of the Kentucky Museum and Library, who was investigated for violating the sexual misconduct policy and gender based discrimination after he made sexual comments towards others. The records include complaints that surfaced of him sexually harassing male students and belittling and berating the female employees he supervised. Mullin died in 2020. Case D, from the 2016 request, involved Steve Briggs, assistant director of Housing and Residence Life, who found had violated the university\u2019s sexual misconduct policy after an informal complaint filed by a female student on Nov. 12, 2014 university employee complained that Briggs rubbed her arm and poked her arm in the hallway, then approached her from behind and rested his hands on her hips. When she moved away, Briggs said, \u201cIt\u2019s just me.\u201d On Sep. 9, 2015, Briggs submitted a letter of resignation. Case E, from the 2021 open records request, involved Jim Hills, an events associate for WKU, who terminated on June 4, 2019, after the Title investigation regarding him concluded found that Hills would discuss inappropriate sexual matters with student workers. According to the document, Hills would compliment body parts, talk about women and stare in an uncomfortable way while setting up events with student workers, based on witness statements. Case F, from the 2021 request, involved Keith Clark, a senior academic advisor, who found had violated the sexual misconduct policy in 2018 after a complaint was filed on March 18. Clark had been sending Facebook messages to a University of Louisville employee from March 13- 17. He sent the employee a video of him \u201cspanking/paddling\u201d himself. He also sent her a photo of him bent over a stool, wearing an apron, spanking his bare bottom with a paddle. Clark resigned from the university. Case F, from the 2016 request, follows an investigation against Michael Kallstrom, a professor in the music department. On Sept. 3, 2015 began looking into a report from an- other faculty member who expressed concern about Kallstrom\u2019s interactions with a student. The student said she went with a friend to see Kallstrom, and while the friend turned to answer a phone call, Kallstrom put his hand on her thigh. The university found that Kallstrom violated the university policy. He retired shortly after. Case G, from the 2021 records request, investigated a complaint that was received on Jan. 31, 2018, about Bryan Carson, coordinator of research instruction, grants and assessment. The complaint was in response to recurring incidents after a complaint against Carson in 2011. Based on the record, Carson made female employees and students feel unsafe around him. On Feb. 28, 2018, Carson resigned and was listed as ineligible for rehire at WKU. He then went to work at Missouri Valley College. Case A, from the 2021 request, investigated Ron Mitchell, an associate professor at WKU. On Oct. 3, 2017, Lisa Schneider, assistant to Athletics Director Todd Stewart, called Joshua Hayes to tell him about an issue with Mitchell and a female student. According to the documents provided, Mitchell invited the student to his house for lunch. He picked her up from Diddle Arena, took her to a \u201cbig house,\u201d went to a restaurant and then went to a different house. At the second house, Mitchell massaged her legs, back and feet, and continuously told her to release. During the massage, he told her that her clothes were dirty and that she needed to change into clothes he had for her. She said no. The student said no to the massage when he reached her upper thigh. She said Mitchell unfastened her bra, according to the documents, even though she said no. In an in-person conversation with Schneider and the student, Hayes asked how the student remained calm, she typed the answer on her phone felt sick. But was scared so could not say no.\u201d Mitchell resigned from the university on Oct. 18, 2017. Case C, from the 2021 request, investigated a complaint filed by an anonymous employee against Tim Boyer, access control locksmith, to the Title office in November 2020. On Nov. 17 at 10:10 am, there was an incident that was recorded by surveillance mentioned in the emails. \u201cWhile [redacted] was searching the key file storage, Tim rolled across the workshop floor in his office chair and positioned himself behind her while she was seated on the roller stool. The shop video shows Tim straddled within inches of her back and torso leaning over her shoulder. [Redact- ed] said she could feel his upper body/chest touching her back. The encounter lasted approximately one minute.\u201d In an email from Deborah Wilkins, she said there were three issues she thought were important to the case: there is video evidence regarding the complaint, Boyer is an \u201cat will\u201d employee so he can be terminated at any point, and Boyer had no meaningful excuse for his behavior in the video found that Boyer violated the sex and gender-based harassment, discrimination and retaliation policy. He was immediately terminated. Case D, from the 2021 request, dealt with Muhammad Sajjad, visiting assistant professor in physics and astronomy, who was \u201cdiscontinued\u201d and ineligible for rehire because a violation of policy was found. According to the records, the student told Hayes that she was standing by Sajjad\u2019s desk in the classroom behind the computer, and Sajjad was standing beside her, and his genitals were hitting her outer thigh. She clarified that Sajjad rubbed his genitals against her thigh in a side to side movement. Hayes asked how long Sajjad rubbed himself against her. She said Sajjad rubbed himself against her the entire time she was alphabetizing the exams, which took about five minutes. Case E, from the 2016 request, investigated a complaint that was filed against Brent Fisk, visual and performing arts library senior circulation assistant. According to the complaint, Fisk left his Pinterest ac-count open showing naked \u2014 \u201cspecifically topless\u201d \u2014 women on March 25, 2014. The incident was considered inappropriate use of technology. Co-workers said they felt uncomfortable around him since they were the same age and \u201ctype\u201d of women in the images Fisk had been looking at. From the documents provided, it is not clear whether Fisk resigned or was terminated from the university, but he did not continue to work at after 2015. Alexandra Hendricks Cases with no violations The majority of the cases the Herald received were reports where no violation against university policies were determined. Cases and from the 2021 open records request had enough detail to be described thoroughly. Case On May 2, 2018, a student reached out to Peggy Crowe, director of the Counseling Center, about an email he had received from his Interdisciplinary Studies instructor that caused concern. The lead up to this email had been a conversation about planning a trip with the instructor and other students that the complainant would no longer be able to attend. Upon discovering the student could no longer attend the trip, the respondent sent an emotional response telling the complainant not to show up to the next class meeting he was supposed to attend as a peer mentor have a few days to deal with my loss and definitely do not want to fall apart in front of the class,\u201d the response from the employee in the file stated. From this interaction, the report and ensuing investigation revealed a long-time mentor-mentee relationship between the complainant and respondent. Instances involving heavily emotional conversations on the part of the respondent, multiple trips to conferences, a specific conversation involving bowties and Chippendale dancers and appearing in the complainant\u2019s personal life were discussed in the investigation. As the final email included in the file, the documents state that on Aug. 7, 2018, Hayes spoke to the respondent where he shared his findings and reminded him of three previously discussed points \u2014 encouraging the respondent to receive counseling, \u201cdiscouraging him from personal travel with students\u201d and having a separate room when traveling with students for work did not find a violation. Case On Sept. 17, 2018, a student reported a theater professor teaching Acting for the Camera whose name was redacted. The professor told the student, while she was undressed for a scene, that she could receive an \u201ceasy A.\u201d Other students urged her to report what happened due to a similar incident that occurred prior. In an interview with Hayes, the professor denied ever making the comment. The student was cast in a script written in a screenwriting class that one witness described as \u201cborderline pornographic.\u201d The student emailed the professor stating she was un- comfortable, to which the professor responded that they needed to talk further and that his \u201chands were tied.\u201d The student told a dance instructor who encouraged her to report the incident and said it was \u201cunacceptable.\u201d During the investigation, 15 witnesses were interviewed. One witness said that removing clothing for the \u201cfake porn\u201d scene was optional. Several witnesses mentioned not having any concerns about the professor, one referred to him as a \u201cfather figure.\u201d Other witnesses mentioned not feeling comfortable around him result of the investigation was a two-week period for students to decide if they are comfortable with their assigned script being added to the course syllabus. The professor was told to refrain from joking with students unless they have a \u201cmutual cohesive relationship.\u201d No violation of Title was found during this investigation. The investigation ended on Dec. 13, 2018. Herald staffers Michael J. Collins, Anna Leachman, Megan Fisher, Jacob Latimer, Shane Stryker, Jake Moore and Leo Bertucci contributed to this story. Digital News Editor Debra Murray can be reached at [email protected]. Follow her on Twitter @debramurrayy Editor-in-Chief Lily Burris can be reached at lily.burris203@topper. wku.edu. Follow her on Twitter @lily_burris."}
8,339	Felix H. Barron	Clemson University	[ "8339_101.pdf", "8339_102.pdf", "8339_103.pdf", "8339_104.pdf", "8339_105.pdf" ]	{"8339_101.pdf": "Former student reaches settlement in Title lawsuit against former Clemson professor, university Published 9:11 a.m Sept. 10, 2020 This story contains descriptions of alleged sexual assault former Clemson student will be paid $40,000 as part of a civil lawsuit against a former professor and several university officials, according to court documents. Bradley Hieronymus sued Felix Barron and others in May 2019, alleging sexual assault and wage discrimination, according to a settlement agreement filed in the U.S. District Court in South Carolina in June. Hieronymus sued for violations of Title IX, Title and state wage laws, according to court documents. Title is a federal law outlawing discrimination based on sex or race at educational institutions. Title is a federal law that outlaws discrimination based on race, religion, sex, nationality and sexual orientation. Barron, a former Clemson professor, agreed to pay Hieronymus $37,500, according to court documents. Christopher Smith, Barron's lawyer, said, \"it's a case of disputed liability and a business decision was made to resolve the case for what we believe would be less than the costs and fees to go forward to get an answer from a jury.\" The other defendants \u2013 Clemson Title officer Alesia Smith and the university board of trustees \u2013 agreed to pay Hieronymus $2,500. Zoe Nicholson Greenville News 2/22/25, 7:40 Former student reaches settlement in lawsuit against professor, school 1/2 \"With the case, we just wanted to close a chapter and be able to move forward. All of the parties worked really hard to come to a resolution,\" Smith, Barron's lawyer, told The News and Mail. According to a 2019 Greenville News report, Hieronymus was a food science and technology major at Clemson who was touched \"in ways that were uncomfortable\" and \"unwanted\" by Barron who taught in the Department of Food, Nutrition, and Packaging Sciences. Hieronymus graduated from Clemson in 2019, according to his lawyer, John Reckenbeil. \"Barron's hostile environment, sexual harassment/assault on this Plaintiff was so extreme and outrageous so as to exceed all possible bounds of decency that it is regarded as atrocious, and utterly intolerable in the United States, South Carolina and any other civilized community on the Planet,\" the lawsuit, originally filed in Oconee County on May 16, 2019, states. Multiple incidents allegedly occurred throughout 2017 and during a trip to Peru for an academic seminar, where Barron reportedly \"exerted control\" over the plaintiff, making him feel uncomfortable and violated, according to court documents. Read more: Lawsuit details alleged sexual harassment of Clemson University student by a professor Barron is no longer employed at the school, according to the website and Reckenbeil, Hieronymus' attorney. The judge assigned to the case accepted the settlement agreement and request for case dismissal on June 2, 2020, according to court documents. Reckenbeil said he echoed the defendant's statements, \"We're pleased with the resolution.\" Representatives for Clemson University declined comment. Zoe covers Clemson for The Greenville News and Independent Mail. Reach her at [email protected] or Twitter @zoenicholson_ 2/22/25, 7:40 Former student reaches settlement in lawsuit against professor, school 2/2", "8339_102.pdf": "Advertisement Lawsuit threatens to strip federal funding from Clemson's Title Department In it, there are claims that Clemson failed to provide any corrective measures for a student victim that was sexually assaulted by a male professor. Updated: 4:12 May 22, 2019 Infinite Scroll Enabled Watch on Demand \uf10c \uf0e0 \uf13931\u00b0 \uf0c9 Greenville 29601 31\u00b0 \uf139 Sunny \uf114 1% \uf041 \uf124 \uf102 1 / 1 \uf104 \uf04c 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 1/7 SENECA, S.C. \u2014 Madeleine Hackett lawsuit is taking aim at Clemson University's Title Department. The suit, filed Thursday in Oconee County court threatens to strip the university of federal funding to its Title Department. In it, there are claims that Clemson failed to provide any corrective measures for a student who was sexually assaulted by a male professor. Data Sourced From Nasdaq 0.21 \u25b246.60% 0.29 \u25b244.93% 1.68 \u25b238.84 Advertisement 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 2/7 According the lawsuit, Clemson student Bradley Hieronymus was manipulated, sexually harassed and eventually sexually assaulted by his professor, Dr. Felix Barron. According to the lawsuit, Barron was employed within Clemson\u2019s College of Agriculture, Forestry and Life Sciences. Hieronymus is a food science and technology major within Clemson\u2019s college of Agriculture and Life Science Program. According to Hieronymus\u2019 mother, her son had wanted to go to Clemson his entire life was going to do whatever it takes to get him (to Clemson),\u201d Susette Hieronymus said worked two jobs dipped in retirement\u2026 put it on the credit card, whatever it took to get that tuition paid.\u201d The suit alleges Bradley Hieronymus first met Barron on August 14, 2017 and Barron quickly took a liking to him. Barron informed Bradley Hieronymus early on that if he worked hard he could become a long-term business partner and possibly go to Rome, Spain, Mexico or Chile for other work-related trips. In March 2018, Barron invited Bradley Hieronymus on a business trip to Peru to further his education. However, the trip would require what the professor described as \u201ctraining,\u201dthe lawsuit alleges. The lawsuit alleges Barron was a powerful professor, with strong connections and big promise for Bradley Hieronymus' future career and Barron soon began exerting his control and psychological manipulation-over his student. He would command things such as showering and spending the night at his Seneca Lake House. When Bradley Hieronymus refused, the professor would retaliate in text messages, claiming he wasn\u2019t taking his future seriously enough. 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 3/7 Recommended Prostitution investigation leads to human trafficking charge for man, police say \"He held out this great carrot of all these contacts he had,\u201d said Jeff Ezell, co council for Bradley Hieronymus. \u201cHow former students were millionaires\u2026 and it was, 'stick with me and can show you this golden path, but in order to stick with me you've got to endure this awful stuff,'\" Ezell said. On one of the nights when Bradley Hieronymus refused to spend the night or take a shower despite Barron\u2019s insistence, Barron told his student \u201che was not putting in enough effort and not taking his work seriously,\u201d says the lawsuit. Barron explained \u201cpast students would get out of the shower without a towel and that (Bradley) was not free,\u201d it said. However, Bradley Hieronymus tells News 4 Investigates that it wasn\u2019t until he was in a foreign country-Peru- and alone with Barron, that he realized the enormity of the situation. The lawsuit claims Barron assaulted Bradley, grabbing his genitals and demanding the student respond. Once back in the United States, Bradley Hieronymus says he went to Clemson\u2019s Title Department and filed a complaint. In a response shown in the lawsuit, Clemson concluded that Barron\u2019s behavior created a \u201chostile work environment\u201d and that \u201chis behavior was inappropriate for a faculty member of a student\u201d Nearly one year since the Clemson Title complaint was filed, Bradley Hieronymus feels nothing was done to help him as a victim moving forward from the psychological manipulation he endured. The lawsuit claims that because of the school's \u201cdeliberate failure to provide any corrective measure to the Plaintiff himself, these Defendants so undermine and detract from 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 4/7 the Plaintiff\u2019s education experience as to effectively deny Plaintiff equal access to Clemson University College of Agriculture resources and opportunities.\u201d Clemson would not comment directly on the lawsuit to News 4 Investigates, but Barron is no longer listed as a university employee. The lawsuit is seeking a court order that gives Clemson an ultimatum. Either comply with the full responsibilities under Title and \u201cprotect and remedy\u201d a path for victims moving forward or forfeit all their federally funded Title money. \u201cWe have every suspicion that there are more victims out there that have had the same situation,\u201d said John Reckenbeil, co-council for Hieronymus. \u201cClemson just eradicates the wrongdoer but does nothing else to put that student back on his or her path to go forward with their education.\u201d Clemson has 30 days to respond with an answer to this suit. 'God puts you where you need to be': Amazon Flex driver helps save family from burning home Streets of Detroit lined with frozen cars after major flooding 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 5/7 Flu activity remains high in for four consecutive weeks Video shows husband and wife rescued from stranded sailboat \uf09a \uf099 \uf16a 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 6/7 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 WYFF-TV. Privacy Notice Industry Opt Out Terms of Use Site Map Your Privacy Choices/(Opt-Out of Sale/Targeted Ads) 2/22/25, 7:41 Lawsuit threatens to strip federal funding from Clemson's Title Department 7/7", "8339_103.pdf": "Privacy - Terms \uf09a \uf099 \uf16d \[email protected] \uf095(800) 598-7993 Contact Us Blog Call now for a free consultation \uf095(800) 598-7993 Or submit your case online 2/22/25, 7:41 Student Sues Clemson University for Professor's Sexual Harassment - California Employment Legal Group 1/4 Student Sues Clemson University for Professor\u2019s Sexual Harassment Bradley Hieronymus, a Clemson undergraduate student studying food science and technology, is suing his professor Felix H. Barron for sexual harassment. Hieronymus\u2019 lawsuit alleges that Clemson University failed to comply with Title IX, which includes the prevention of sexual harassment in education, since the university did not provide him with a remedy for the situation. Hieronymus initially interacted with Barron in 2017 to ask if he could participate in a course allowing students to perform research for class credit. Barron ended up bringing Hieronymus to a food science meeting in the fall, and then became his work supervisor in spring 2018. Barron invited Hieronymus on a spring break trip to Mexico, and started to \u201cexert control and influence\u201d over him through text messages. Barron also had Hieronymus lie about his paid work hours on time cards, causing Hieronymus to lose out on proper wages trip to Peru was set up by Barron to present on food safety issues with Hieronymus, and Barron\u2019s alleged sexual harassment increased during the trip. At one point, he attempted to reach his hand into Hieronymus\u2019 pants, and ended up grabbing at him. Hieronymus reported the behavior when he got back to the United States, which led to the Office of Access and Call now for a free consultation \uf095(800) 598-7993 Or submit your case online: 2/22/25, 7:41 Student Sues Clemson University for Professor's Sexual Harassment - California Employment Legal Group 2/4 \uf104 Previous Article Next Article \uf105 Equity sending Hieronymus a letter stating they found a significant amount of evidence showing Barron had \u201cviolated Clemson\u2019s Anti-Harassment and Non-Discrimination Policy.\u201d Barron was dismissed from the university on July 23, 2018. According to Hieronymus\u2019 attorney John Reckenbeil, the lawsuit states that Clemson has yet to properly compensate Hieronymus for the wages and overtime he earned by traveling with Barron and working for him. The lawsuit asks for damages from Barron, however, the lawsuit pertains more to the university failing to make the situation right for Hieronymus. The goal of this lawsuit is not only to help Hieronymus heal, but also to help prevent future cases of sexual harassment at the university. If you are experiencing sexual harassment in the workplace, please contact the attorneys at the California Employment Legal Group today for a free consultation with an experienced employment lawyer who will clearly explain your rights and options under the law. Call now for a free consultation \uf095(800) 598-7993 Or submit your case online: 2/22/25, 7:41 Student Sues Clemson University for Professor's Sexual Harassment - California Employment Legal Group 3/4 We fight to protect your rights. Call California Employment Legal Group today at (800) 598-7993 for a free consultation QUALIFY? Review Our Checklist MORE? Learn About Your Rights (COVID-19 Know Your Rights: Coronavirus Employees Resources Privacy Policy Referrals Blog Labor Board Employment Law Wrongful Termination Discrimination Sexual Harassment Wage & Hour Employee Class- Action Address: 270 Canon Floor 3 Beverly Hills 90210 \uf095 (800) 598-7993 \uf003 [email protected] We proudly specialize in employment law and in protecting the rights of employees from unfair employment practices, including wrongful termination, discrimination, and sexual harassment in the workplace throughout all of California including Los Angeles, Beverly Hills, Hollywood, Long Beach, Signal Hill, South Pasadena, Pasadena, Santa Monica, West Los Angeles, Burbank, Ventura, Brentwood, San Bernardino, Torrance, Gardena, Hermosa Beach, Manhattan Beach, El Segundo, Bel Air, Westwood, Sherman Oaks, West Hollywood, Woodland Hills, Redondo Beach, Marina Del Rey, South Bay, Palos Verdes, Carson, San Fernando Valley, Culver City, Van Nuys, Encino, Inglewood, Compton, East Los Angeles, Santa Ana, La Habra, La Mirada, Garden Grove, Westminster, Buena Park, Tustin, Anaheim, Fullerton, Irvine, San Diego, Riverside and more. Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship OUTCOME. Copyright 2020 All Rights Reserved Call now for a free consultation \uf095(800) 598-7993 Or submit your case online: 2/22/25, 7:41 Student Sues Clemson University for Professor's Sexual Harassment - California Employment Legal Group 4/4", "8339_104.pdf": "by: Anne Maxwell Posted: May 21, 2019 / 03:17 Updated: May 21, 2019 / 03:17 lawsuit filed in Oconee County last week claims Clemson University violated anti- discrimination laws after a student came forward about being sexually harassed and assaulted by a professor Lawsuit says Clemson University failed to provide \u2018corrective measure\u2019 to sexual harassment victim 31 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 1/25 university spokesperson confirmed that the professor was dismissed last July. The professor is not facing any criminal charges. Title protects victims of sexual harassment from discrimination. The lawsuit says a victim lost out on educational opportunities because he reported a professor, making him a victim twice. According to the suit, Bradley Hieronymus was a junior food science major at Clemson when a professor started showing interest in him last year. The lawsuit claims Professor Felix Barron asked him to come to Mexico on a \u201cbusiness trip\u201d with him. When Hieronymus suggested he couldn\u2019t afford it, Barron offered him a job paying $7.50 an hour. Hieronymus\u2019 mother said he was excited about the opportunity. \u201c[Barron] promised him can get you a job with Amazon\u2026you stick by me, and I\u2019ll be able to show you how to make alot of money,\u201d said Susette Hieronymus. The lawsuit also alleges Barron became controlling, having Hieronymus over to his house in the evening, giving him wine, and asking him to stay the night. The lawsuit states sexual harassment turned into sexual assault on a trip to Peru, where Hieronymus was assisting Barron with presentations just couldn\u2019t believe it,\u201d said Susette Hieronymus. \u201cIt was horrible.\u201d Hieronymus took his complaint to the university. According to a report included in the lawsuit, the university found some of Barron\u2019s communications to Hieronymus were inappropriate. It also said, \u201cWe further conclude the preponderance of evidence shows Dr. Barron touched you in ways that were uncomfortable for you and unwanted.\u201d Four days later, Barron was dismissed. No criminal charges have been filed. 7 News reached Barron on the phone, but he hung up when he learned we were calling from the local news > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 2/25 According to one of Hieronymus\u2019 attorneys, the university didn\u2019t go far enough to take care of him after he came forward. \u201cHe lost his opportunities for those externships that Dr. Barron had literally set up for him,\u201d said attorney John Reckenbeil, who is representing Hieronymus. 7 News asked Reckenbeil if Clemson University should be held responsible for compensating for opportunities for Hieronymus that Barron facilitated. \u201cClemson University, multibillion dollar university, only has one person in a department such as that?\u201d Reckenbeil said. Recekenbeil also claims his client lost out on his job because Barron was gone. \u201cThey didn\u2019t pay him for the whole month of April because Dr. Barron had to be the one to sign off on his time sheet,\u201d he said. The lawsuit is asking the university to announce a policy that will offer corrective action to students who have faced discrimination or have their Title funding stripped university spokesperson declined to comment on the pending litigation. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 3/25 Cult-favorite Yankee Candles are 50% off on Amazon / 20 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 / 21 Hours Ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 4/25 Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. Best quiet box fan / 21 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 5/25 Top Stories Crash closes lane on I-85 southbound in Cherokee \u2026 Greenville deputies responding to teen, vehicle shooting More \u2018city-killer\u2019 asteroids likely astronomer One shot in Anderson, police say Federal judge temporarily blocks Trump orders > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 6/25 Hamas frees all 6 hostages in the latest exchange offers resolution on war in Ukraine that\u2019s \u2026 Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 New Director Kash Patel plans to move up to 1,500 \u2026 Trump-Putin summit preparations are underway, Russia \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Rich in cash, Japan automaker Toyota builds a city mother and her young sons are among the remains \u2026 More Stories > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 7/25 Trump: Zelensky \u2018has no cards,\u2019 \u2018shouldn\u2019t be at \u2026 World News 16 hours ago Pope has pneumonia in both lungs but is in good spirits World News 4 days ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 8/25 Pope treated for \u2018complex clinical\u2019 condition: Vatican World News 5 days ago Zelenskyy calls for \u2018armed forces of Europe\u2019 World News 7 days ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 9/25 Drone damages shell over Chernobyl nuclear plant World News 1 week ago Pope hospitalized amid breathing issues, Vatican \u2026 World News 1 week ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 10/25 Trump says he and Russian leader Putin have agreed \u2026 World News 1 week ago At least 76 people killed in a hotel fire at a ski \u2026 World News 1 month ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 11/25 Israel and Hamas agree to ceasefire deal World News 1 month ago Princess Kate says her cancer is in remission World News 1 month ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 12/25 Canadian Justin Trudeau announces his resignation World News 2 months ago The world population will be 8.09 billion on New \u2026 World News 2 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 13/25 At least 2 dead, 68 hurt when car drives into German \u2026 World News 2 months ago U.S. wildlife officials plan to list monarch butterflies \u2026 World News 2 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 14/25 Australian Parliament bans social media for under-16s \u2026 World News 3 months ago Spain searches for bodies after unprecedented flooding \u2026 World News 4 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 15/25 \u2018Best-selling pizza\u2019 came with cocaine on side: police World News 4 months ago Polish zoo celebrates the birth of 4 Sumatran tigers, \u2026 World News 4 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 16/25 Princess Kate\u2019s chemotherapy done; returning to duties World News 6 months ago Ukraine says one of its Western- donated F-16 warplanes \u2026 World News 6 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 17/25 Tech magnate among those missing after luxury yacht \u2026 World News 6 months ago Several hurt after Ferris wheel catches fire in Germany World News 6 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 18/25 Plane with 62 people aboard crashes in Brazil World News 7 months ago Organizers cancel Taylor Swift concerts in Vienna \u2026 Entertainment 7 months ago > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 19/25 View All World News Great Barrier Reef waters were hottest in 400 years \u2026 World News 7 months ago 7NEWS Video > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 20/25 More Videos > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 21/25 1 Tire manufacturer to close in Spartanburg Co. 2 Crash closes lane on I-85 southbound in Cherokee \u2026 3 bill could affect liquor liability insurance rates 4 See inside Walmart\u2019s new Upstate distribution center 5 Greenville deputies responding to teen, vehicle shooting 6 Search warrants reveal more in Asha Degree case 7 Greenville Co. Schools announce Helene make-up days > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 22/25 News, weather, sports for Greenville, Spartanburg, Anderson, and Pickens and Asheville, Hendersonville affiliate, Channel 7 Report Public File Here are Amazon\u2019s #1 bestsellers this week Holiday 3 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 5 days ago The best Presidents Day deals on Amazon today Holiday 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 5 days ago The best Presidents Day deals to shop now Holiday 5 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 23/25 Children\u2019s Programming Nexstar Certification Report Closed Captioning Issue Report Public File Children\u2019s Programming Contact Us Get News App Get Weather App Stay Connected > Next > Next story in > Next story in 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 24/25 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 2/22/25, 7:41 Lawsuit says Clemson University failed to provide 'corrective measure' to sexual harassment victim 25/25", "8339_105.pdf": "Lawsuit details alleged sexual harassment of Clemson University student by a professor Published 6:16 a.m May 20, 2019 Updated 10:43 a.m May 20, 2019 Editor's note: This article contains descriptions of alleged sexual activity as written in a lawsuit. Work on a research project for class credit led to sexual harassment in Peru for a Clemson University undergraduate according to a lawsuit filed in Oconee County on May 16. Bradley Hieronymus, a food science and technology major at Clemson, was touched \"in ways that were uncomfortable\" and \"unwanted\" by Felix H. Barron, a professor in the Department of Food, Nutrition, and Packaging Sciences at the university, according to a July 19, 2018, letter from the university's Office of Access and Equity which was submitted as evidence in the lawsuit. \"Barron's hostile environment, sexual harassment/assault on this Plaintiff was so extreme and outrageous so as to exceed all possible bounds of decency that it is regarded as atrocious, and utterly intolerable in the United States, South Carolina and any other civilized community on the Planet,\" the lawsuit states. While the university found Barron's actions inappropriate, Hieronymus' lawsuit alleges that the university failed to provide a remedy for him in accordance with Title IX, part of the federal Education Amendments of 1972 which prohibits discrimination on the basis of sex in education and encompasses sexual harassment. According to the United States Department of Education, \"If an investigation reveals that the harassment created a hostile environment, the educational institution must take prompt and Mollie R. Simon The Greenville News 2/22/25, 7:41 Clemson student's lawsuit details alleged sexual harassment 1/5 effective steps reasonably calculated to end the harassment, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects.\" Barron has not yet filed a response to the lawsuit and does not have an attorney listed. The publicly listed number for Barron has been disconnected. The Greenville News and Independent Mail have tried to contact Barron via LinkedIn. The Greenville News does not typically identify victims of sexual harassment or sexual assault but is doing so in this case because Hieronymus identified in a lawsuit. Attorneys John Reckenbeil and Jeffrey Ezell are representing Hieronymus. Reckenbeil spoke to The Greenville News on behalf of Hieronymus and said he believes Clemson failed to remedy the situation for his client even after finding Barron responsible for harassment. \"This is a very complicated legal case that we feel can really shift the pendulum of Title to the victim,\" Reckenbeil said. \"That is what think has been clearly deficient in this case.\" Professor exerted control and influence through text messages and in person, lawsuit claims According to the lawsuit, Hieronymus first interacted with Barron on August 14, 2017, when he met with him to ask whether he could participate in a Creative Inquiry course that allows students to get class credit for research. In the fall of that semester, Barron took Hieronymus to a food science meeting in Myrtle Beach where he told him he could become a long-term \"business partner\" through hard work, according the suit. During the spring semester of 2018, Barron served as Hieronymus' supervisor for paid work. Following the Myrtle Beach trip, Barron invited Hieronymus to join him during spring break for another business opportunity in Mexico and began to \"exert control and influence\" over him through text messages starting in February 2018, according to the lawsuit Through local journalism we help keep you informed about sometimes difficult issues in the community. Become a subscriber and access all our stories. Here's our special offer. 2/22/25, 7:41 Clemson student's lawsuit details alleged sexual harassment 2/5 Clemson's international travel office denied Hieronymus' application for the Mexico trip when he was unable to answer questions about where the trip was going, according to the lawsuit, but Barron invited him on another trip to Peru in mid-April. It is unclear from the lawsuit whether the second trip was properly documented with the university's travel office. The Greenville News has asked for the university to confirm whether the trip was registered or approved in advance. Before the Peru trip, Barron told Hieronymus he would need to come work at his home in Seneca and told him to doctor his time cards so as not to show work hours past 5 p.m., according to the lawsuit. Time cards were submitted as evidence in the lawsuit. Over the course of approximately eight to nine visits to Barron's home, Hieronymus was subjected to increasingly inappropriate acts, according to the lawsuit. At first, Barron began greeting him with hugs and then attempted kisses on the check. Barron later made him try on clothing and change shirts in front of him. At another point, Barron came into a bathroom and started shaving Hieronymus' body and lifted his boxers, the lawsuit alleges. According to the filing, Hieronymus tried to rationalize the unwelcome actions because Barron was making promises about his future career. The visits to Barron's home in Seneca came at the expense of Hieronymus' other classes and Barron held the promise of the Peru trip over his head, according to the lawsuit. Victim recognizes the 'enormity of the situation' During the trip to Peru, after Barron and Hieronymus presented on food safety issues during the day to the company Grupo Gloria, Barron's harassment continued at night, according to the lawsuit. Barron repeatedly entered Hieronymus' room, which had a sauna, and at one point attempted to reach his hand into Hieronymus' boxers, according to the lawsuit. Later, Barron demanded that Hieronymus achieve an erection and grabbed at him, the lawsuit states. It was after this latter incident that Barron \"felt the enormity of the situation\" and recognized he was now \"trapped\" in a foreign country where he could not speak the language and did not know who to go to for help, the lawsuit states. \"Plaintiff was forced to come to the realization that he would be subjected to several more days of Barron's appalling behavior before he could make it back to the United States safely,\" 2/22/25, 7:41 Clemson student's lawsuit details alleged sexual harassment 3/5 the lawsuit said. Barron's unwanted and inappropriate actions continued for the remainder of the trip, according to the lawsuit. As soon as Hieronymus got in his mother's car at the airport in Greenville, he \"slammed the passenger door, in a massive release of frustration punched the dashboard and proceeded to tell his mother the inappropriate behavior by Barron,\" the lawsuit states. Within days, Hieronymus reported his allegations of the full events to the university. Four months after the report, the Office of Access and Equity wrote a letter to Hieronymus which said it had found a \"preponderance of evidence\" showing Barron had violated Clemon's Anti- Harassment and Non-Discrimination Policy. Joe Galbraith, Clemson's vice president for strategic communications, said Barron was \"dismissed\" from the university on July 23, 2018. The Greenville News has filed an open records request for Barron's personnel file and disciplinary records. In May 2018, Barron filed articles of organization with the state for Felix Barron & Associates LLC. The Greenville News has requested a copy of this filing. The lawsuit against the university specifically names Barron as a defendant in addition to Alesia Smith, the university's Title coordinator. Smith, who also serves on the Clemson city council, declined to comment and referred questions about the case to the university. The university had \"no comment\" on the case, citing pending litigation, a university spokesman said. 'He has learned that the world contains evil' Reckenbeil said the university has exhibited a \"monumental failure\" in trying to remedy the situation for Hieronymus, who has one semester remaining until graduation. The lawsuit alleges that the university has not properly compensated Hieronymus the wages and overtime he was owed for traveling with Barron as a student worker and for going to Barron's home under the guise of employment. Reckenbeil said the university has also failed to help his client \"make sure his resume is full of the experiences he was promised through Barron.\" Although he names Barron in the lawsuit, and asks for damages from him, Reckenbeil said the case is not about Barron but about the university making the situation right for his client. 2/22/25, 7:41 Clemson student's lawsuit details alleged sexual harassment 4/5 Based on text messages submitted as evidence in the case and statements made to Hieronymus, Reckenbeil said he is also convinced that Barron has done similar things with other students. \"It is time that victims need to be protected with the full strength of the law,\" Reckenbeil said. \"If you do nothing for victims, there is a chilling effect. Why would Bradley give up on all of those promises that Barron would make him a millionaire? If we do nothing for this young man, then what about all the others?\" In the future, Reckenbeil wants to see a committee at Clemson designed to create individualized learning plans to help get victims of sexual assault back on track with their educations. He said right now universities eradicate the wrongdoer and then treat it as if they have met their Title obligation, but he believes the law necessitates more action. Reckenbeil believes the real research opportunities Hieronymus missed out on because of Barron will have a ripple effect for him in the future. He said the situation has also deeply hurt his client, who he described as a \"hard-working\" and \"brilliant\" young man. \"He has learned that the world contains evil,\" Reckenbeil said. More: Judge upholds $100,000 settlement with Clemson University in sexual misconduct case 2/22/25, 7:41 Clemson student's lawsuit details alleged sexual harassment 5/5"}
8,392	Tyler Summitt	Louisiana Tech University	[ "8392_101.pdf", "8392_102.pdf" ]	{"8392_101.pdf": "Journal of Issues in Intercollegiate Athletics Journal of Issues in Intercollegiate Athletics Volume 12 Issue 1 Article 27 January 2019 The Impact of Scandal on Division Women\u2019s Basketball The Impact of Scandal on Division Women\u2019s Basketball Fan Consumption and Team Success Fan Consumption and Team Success Sarah B. Williams University of Louisville T. Christopher Greenwell University of Louisville Follow this and additional works at: Recommended Citation Recommended Citation Williams, Sarah B. and Greenwell, T. Christopher (2019) \"The Impact of Scandal on Division Women\u2019s Basketball Fan Consumption and Team Success,\" Journal of Issues in Intercollegiate Athletics: Vol. 12: Iss. 1, Article 27. Available at: This Original Research is brought to you by the Hospitality, Retail and Sports Management, College of at Scholar Commons. It has been accepted for inclusion in Journal of Issues in Intercollegiate Athletics by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Journal of Issues in Intercollegiate Athletics, 2019, 12, 1-21 1 \u00a9 2019 College Sport Research Institute Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. The Impact of Scandal on Division Women\u2019s Basketball Fan Consumption and Team Success __________________________________________________________ Sarah B. Williams University of Louisville T. Christopher Greenwell University of Louisville __________________________________________________________ Scandal in sport violates fan assumptions and can have a detrimental impact upon success both in winning percentage and financial bottom line (Prior, O\u2019Reilly, Mazanov, & Huybers, 2013). Division Women\u2019s Basketball faced a flurry of incidents involving coach sexual misconduct with players during the 2015-2016 season. Therefore, the purpose of this study is to examine how three distinct cases of coach sex scandal in women\u2019s basketball impacted fan support and team success. To accomplish this purpose, this study examined fans\u2019 message board posts in the months following three incidents at three separate Division institutions through the lens of attribution theory as well as attendance and win-loss percentage of the programs enduring scandal. Fan responses were different at each institution, suggesting scandals can be perceived differently as contextual factors differ. However, attendance tended to remain stable at all three institutions, indicating women\u2019s basketball fans can be fairly immune to scandal and may support their team regardless of the indiscretion of the coach. 1 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 2 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. ivision National Collegiate Athletic Association (NCAA) Women\u2019s Basketball faced a flurry of incidents involving coach sexual misconduct with players during the 2015-2016 season. University of Maryland assistant women\u2019s basketball coach, Bryce McKey, was charged with third-degree sexual abuse of a former player from the institution by which he was previously employed, Xavier University, of inappropriately touching her during a visit to his house (Grasha, 2016). Legendary former University of Tennessee head women\u2019s basketball coach Pat Summitt\u2019s son, Tyler Summitt, voluntarily stepped down from his position as head coach of the Louisiana Tech women\u2019s basketball program as he admitted to an inappropriate relationship with one of his Louisiana Tech players (Voelpel, 2016). First-year Florida International University (FIU) head women\u2019s basketball coach, Marlin Chinn, was fired after an article surfaced describing sexual misconduct allegations as well as multiple amateurism rules violations regarding one of his players at (Neal, 2016). Sport scandals violate spectators\u2019 assumptions of expected behaviors and can impact an athletics team or program\u2019s success and popularity from financially impacting the organization\u2019s bottom line, to losing loyal, lifelong, highly identified fans integral to the life of the program (Prior, O\u2019Reilly, Mazanov, & Huybers, 2013). The negative actions of an organization, or of one person within an organization, can be absolutely devastating to the entity and parties it represents. Monetary value of athletes and sports teams are critical to revenue generation and enhancing this revenue are challenged and oftentimes destroyed in the event of scandal (Knittel & Stango, 2014). The existing literature on the influence of scandal within sport consumption is minimal, with most sport scandal literature instead involving managerial or associated brand reactions to scandal (Prior et al., 2013). However, the specifically highly identified fans of women\u2019s basketball have the tendency to be committed to the program no matter the situation (Fink, Trail, & Anderson, 2002). Women\u2019s sport fans exhibit particular characteristics and behaviors (Koo, Andrew, & Kim, 2008) not reflective in men\u2019s sport fans, including women\u2019s college basketball fans citing higher aesthetic motives than men\u2019s college basketball fans (James & Ridinger, 2002) and fans of women\u2019s professional sports exhibiting higher socialization motives than men\u2019s professional sport fans (Funk, Ridinger, & Moorman, 2003). With the uniqueness of the women\u2019s college basketball fan as well as the growing popularity of women\u2019s college basketball (Koo et al., 2008) comes a necessary consideration of the influence of scandal on the qualities and decision-making avenues specifically applied to the sport. Therefore, the purpose of this study was to examine, through an exploration of three distinct cases, how women\u2019s basketball fans respond to women\u2019s basketball coach sex scandals, how scandal impacts fan attendance, and how scandal impacts winning percentages. Results should provide a better understanding of how these typically loyal women\u2019s basketball consumers deal with scandal and how it can impact program success 2 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 3 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Review of Relevant Literature Scandal in Sport The history of sport shows there is a significant relationship between scandal and sport, with demands high for winning and consequences severe for losing. The global commercialization of sport coupled with intensity and pressure to win has resulted in scandalous behavior being reported more frequently (Connor & Mazanov, 2010). Scandal in sport is found to incorporate three distinct characteristics including: 1) an action that is either illegal or unethical, 2) an event or action involving multiple parties over a period of time, and 3) an action that impacts the integrity of its associated sport (Hughes & Shank, 2005). Benoit\u2019s (1997) research on image repair developed the idea that \u201cperceptions are more important than reality\u201d (p. 178). Regardless of whether the act was in fact offensive or not is irrelevant, rather, the belief that the act was offensive or not is what matters. While each specific scandal in sport varies in impact and severity, the potential of the effects on society have, at times, reached the status of national importance (Rowe, 2013). The implied notion of sport\u2019s requirement to abide by rules of not only the game, but of society, add to the perception of sport authenticity. The level of scandal severity as perceived by the consumer increases perceptions of untrustworthiness and incompetence (Sato, Ko, Chang, & Kay, 2018). The misbehavior or transgression leading to scandal in sport does not need to occur within the sporting arena to influence consumer perceptions, as actions outside the domain of sport can affect all stakeholders linked to the transgression (Kelly, Weeks, & Chien, 2018). The social institution of sport and the benefits expected to be received by participants, spectators, and organizations adds to the responsibility of sport to shape ethical, whole people (Rowe, 2013). The impending let-down after sport scandal is thus felt strongly by all afflicted. In the wake of scandal, maintaining integrity is paramount to retaining consumers (Chien, Kelly, & Weeks, 2016). Fink, Parker, Brett, and Higgins (2009) found the denouncement of the devious act as inconsistent with the team\u2019s behavior to be vital in mitigating the loss of fan identification with the team. Releasing a statement condemning the acts can suffice in an organization\u2019s separation from the scandal itself or parties involved; however, the severity of the act is what determines fan retention (Chien et al., 2016). Consumer attitudes in regard to the scandal are integral to brand decision making. Hardwicke-Brown (2014) evaluated consumer attitudes in the wake of sport scandal and found the severity of a sport scandal did not influence consumer decision-making, noting that due to the frequency of sport scandal, consumers may be becoming desensitized. The severity of the scandal was less important of an attributing factor to consumer decision-making than factors and specifics of consumers loyal to the brand (Hardwicke-Brown, 2014). Trust in an organization is vital to its relationship with consumers, with research supporting its link to fan loyalty and identification (Wu, Tsai, & Hung, 2012). The management of trust, therefore, is important to establishing and building long-term bonds affecting willingness to attend or purchase (Wu et al., 2012). Trust in an organization or team, then, will allow a fan to identify through a scandal, specifically when the behavior is enacted by a specific individual associated with the organization or team. 3 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 4 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. There can be differences in reactions to transgressions, however, depending on the position of the responsible party within the organization (Pace, Corciolani, & Gistri, 2017). Famous, well-known, or familiar parties benefit from stronger and more positive attachment of consumers whereas lesser-known members of the organization often do not have anchored reputations with consumers to encourage rationalization or coupling reactions (Pace et al., 2017). Scandal and Highly Identified Sport Consumers Chien et al. (2016) found that response to a scandal in sport varies depending on consumer identification. Specifically, highly identified consumers tended to have favorable attitudes toward their team despite evidence of scandal. They posited that this effect was due to fans wanting to protect their group identify. Sato, Ko, Park, and Tao (2015) also viewed differences in reactions to scandal depending on fan identification, finding high involvement consumers to be more defensive in their opinions of the scandal, while less involved consumers tend to blame the accused for their transgressions more harshly (Sato et al., 2015). Psychological commitment to a team, depending on level of fan identification, can be resilient to negative connotations (Neale, 2010). The more highly identified the sport fan, then, the less likely he or she will be to change their behaviors. Highly identified sport fans possess innate attributes that prove them likely to claim reflected glory, yet reject reflective failure (Wakefield, 2007). In today\u2019s society, an ethical crisis or scandal provides an opportunity for debate through social interaction via social media (Pace et al., 2017). With the assistance of social media, consumers can now interact with one another through discussion around ethical violations, shifting from inner ethical reasoning to overt conversation, interaction, and collective understanding (Pace et al., 2017). This process challenges consumers to expand upon their otherwise narrow, individual positions by being confronted by other consumers\u2019 ideas and arguments (Pace et al., 2017). Brand communities, which can represent sport fans of a specific team, often engage in a community-wide elaboration of ethical decision-making and can exert pressure on the team\u2019s brand (Schau, Mu\u00f1iz, & Arnould, 2009 consumer\u2019s understanding, critique, and future actions after scandal can therefore evolve through social interaction and discourse. Taking advantage of a scandal to support the brand reduces scandal threat and allows the brand to rather embrace the scandal by framing messages around the product (Connor & Mazanov, 2010). Scandal in the The unfavorable actions of a single individual in sport or a handful of members of a specific team can cause a ripple effect through an entire athletic department or university (Chien et al., 2016). The existence of corruption and scandal at Division schools is not necessarily a byproduct of innate moral or ethical evil, but rather, the unrealistic and solely focused pressure to win at all costs, as monetary stakes are high for athletic departments across the country (Cullen, Latessa, & Byrne, 1990). Although Cullen et al. (1990) primarily addresses scandal involving cheating and unfair advantages incorporating different moral boundaries than sexual abuse scandals, athletic departments often face similar backlash regardless of the specifics of the transgression. The University of Colorado faced a blow to its reputation as a University and athletic department in the wake of the sexual abuse allegations it failed to properly address and report, 4 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 5 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. losing alumni and fan support as well as an estimated $900,000 in potential revenue (Hughes & Shank, 2005). Charitable giving, a major lifeline in revenue sourcing for many athletic departments, is another factor influenced by scandal, as Hughes and Shank (2008) reported that Cal State Fresno\u2019s annual charitable giving dropped over $600,000 in the aftermath of their athletic department\u2019s improper recruiting and academic fraud scandal in 2003. Separate from financial blows faced by athletic departments and universities are potential sanctions, fines, and bans. The notorious \u201cdeath penalty\u201d, shutting down all functions of a member team, has been implemented only once throughout its history. However, it has been considered multiple times for punishment of exceedingly scandalous and flagrantly unprecedented situations such as the University of Alabama booster scandal of 2002 or the Penn State child sex abuse scandal of 2012, where they suffered a $60 million fine, four-year post- season ban, and loss of scholarships (Edelman, 2014; Smith, 2015). Smith (2015) argues that formal punishment imposed by the includes sanctions that do not harm the teams or athletic departments, particularly in terms of revenue, and categorizes benefits of rule breaking as immediate and vast. Average fans were found to be without knowledge of sanctions of their team, leaving directly affected parties and highly identified fans as the sole parties facing detriment (Smith, 2015). This finding supports that winning is more valuable than ethics. For example, in the aftermath of the Sandusky scandal, Penn State turned to public relations firm Ketchum, who had previously worked with major corporations such as and Kodak, who encouraged them not to change the image or restructure the athletic department, but rather, to save its brand (Proffitt & Corrigan, 2012). Simply releasing a statement in the case of Penn State would have been deemed severely inadequate, however, an overhaul was also unnecessary. Brand rescue included diverting from losses of alumni donors and sponsors and placing emphasis on retaining big donors. Despite their negative nature, some scandals have generated positive outcomes. In many cases, organizations may benefit from the added publicity scandals generate (Gorse & Chadwick, 2010). From an interest standpoint, a scandal\u2019s generation of conversation and buzz incentivizes press without costing a cent to sports teams (Connor & Mazanov, 2010). Depending on the controversy\u2019s context, organizations can take advantage of the inevitability of scandal to pursue certain niche fan groups (Connor & Mazanov, 2010). Many programs and teams embrace the inevitability of scandal and pursue free advertising, regardless of transgressions (Gorse & Chadwick, 2010). Further, the way an organization responds to a scandal can impact consumers\u2019 opinions. Hardwicke-Brown (2014) found consumers expressed positive attitudes toward a brand that took action and terminated a contract in the aftermath of scandal. As such, trust is sensitive to scandal, but if managed correctly, trust can prove to be lucrative in the long-term. Scandal and Women\u2019s Basketball Consumers Specific to women\u2019s collegiate sport, Maxwell and Lough (2009) argue that the maintaining of a consistently wholesome image is expected. Women\u2019s basketball fans have been shown to be attracted to a greater degree to the wholesome, family-oriented atmosphere provided at games as opposed to its men\u2019s counterpart which promotes strength, aggression, and violence (Ridinger & Funk, 2006). The fan reaction to scandal in men\u2019s basketball may differ to reactions to scandal in women\u2019s basketball depends upon its wholesome imagery. As such it can be 5 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 6 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. expected that scandal in women\u2019s sports could be more shocking and in turn more detrimental to their image and ultimately consumer behaviors. On the other hand, loyalty to women\u2019s basketball game attendance has been found to be higher than that of men\u2019s basketball (Fink et al., 2002). The more often women\u2019s basketball fans attend games, the more bonded they are with the team and the more important their involvement is with the team\u2019s performance and atmosphere (Kerstetter & Kovich, 1997). As prior research has shown, loyal customers are more likely to dismiss negative information about the company than less loyal customers (Bhattacharya & Sen, 2003). In addition, more loyal customers remain loyal to an unsuccessful team (Wann & Branscombe, 1990), and show greater dislike for outside groups regardless of performance (Branscombe & Wann, 1992). Given these factors, it is likely that women\u2019s basketball fans\u2019 resilience through scandal, regardless of fluctuations in winning percentage will be high and will not waver whatsoever, but instead, could potentially increase. Conceptual Framework Consumer Ethics and Motivation There has been an exceptional devotion in marketing literature to ethical issues (Ferrell & Gresham, 1985; Hunt & Vitell, 1986; Ferrell, Gresham, & Fraedrich, 1989). The majority of the available literature, however, exists primarily from the seller\u2019s perspective (Vitell, 2003). The consumer, however, is often the side of the equation that must evaluate their ethical position and execute decision-making processes (Pace et al., 2017). If an outcome is expected by the consumer to be stable and consistent, the same outcome is expected in the future (Kim & Jeong, 2015). When a public figure, influencer, or seller violates moral norms as expected by the consumer, individuals will have various reactions (Pace et al., 2017 consumer\u2019s ethical judgements and decision-making processes are likely functions combining both the deontological and teleological evaluations of the given situation (Vitell, 2003). The consumer will either prioritize the violated ethical principles and criticize the seller, or adopt a moral coupling of integrating judgement on product performance and morality (Lee & Kwak, 2016). Vitell and Muncy (1992) proposed a four-factor solution of ethical beliefs, including 1) active benefit from illegal activity, 2) passive benefit from illegal activity, 3) active benefit from deceptive or questionable practices, and 4) no harm, no foul. Moral rationalization often occurs, as the consumer justifies unethical behavior through reconstructing immoral behavior as less immoral and more acceptable to continue support for the immoral party (Bhattacharjee, Berman, & Reed, 2013). Attribution Theory Attribution theory, originally developed by Heider (1958), assumes events have a cause and integrates locus of control and analysis of action to judge why a particular incident occurred. Allocation of responsibility of the attributions made by the perceiver guides the subsequent behavior thereafter. Attribution also involves expectations about actors and their behavior in various situations and settings (Kelley & Michela, 1980). Weiner (1979) evolved the original two dimensions into three, including controllability, locus of causality, and stability. Attribution 6 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 7 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. theory research was focused and supports significant implications in the educational setting (Weiner, 1972; Zuckerman, 1979) and the commercial setting (Robertson & Rossiter, 1974), but evolved into the sport setting shortly thereafter (Roberts, 1982). Although often difficult to clearly identify in the context of sport (McAuley & Gross, 1983), a major dimension of attribution theory, controllability, often influences judgements of responsibility and the emotions of anger or sympathy (Weiner, 1996). Research has found that when an error is perceived to have been controllable, consumers feel more anger than when the error is perceived to been uncontrollable or accidental (Folkes, 1984). Feelings of anger have been found to lead to consumer drop-off and lessened brand repurchase intention (Strizakova, Tsarenko, & Ruth, 2012). Conversely, sport fans often attribute successes to control and stability (Wann & Schrader, 2000). Controllability is a particularly important dimension in mishaps and wrongdoing as it influences perceptions of responsibility as well as subsequent emotions and feelings of punitiveness. Responsibility, or the role and action of the company throughout their role in the incident, also influences consumer judgement (Jorgensen, 1996). Controllability and responsibility are both highly linked to negative reaction (Jorgensen, 1996). Punitiveness, or the extent to which a company should be either punished or pardoned for an error, has been linked to consumer purchase and investment intentions (Jorgensen, 1996). Responsibility and negative emotion surrounding the error both influence punitiveness (Jorgensen, 1996). Punitiveness has been used in research as a measure of attitudes, emotions, and intentions after a mishap or scandal (Jorgensen, 1996). The second dimension, locus of causality, affects a person\u2019s reactions (Martinko, Gundlach, & Douglas, 2002) and evaluates whether the cause of the event is attributed internally or externally (McAuley, Duncan, & Russell, 1992). Causes of events are either internal to the person or actor due to things like ability, mood, and knowledge, or external to the person or actor due to things like luck, bias, or environment (Weiner, Nierenberg, & Goldstein, 1976). Individuals often assume greater personal controllability and responsibility for internal causes than external causes (Wang, Hall, & Rahimi, 2015). The third dimension of stability affects and determines expectancies an event will re- occur (Martinko et al., 2002). Stability refers to whether the cause of the event is variable or changeable (McAuley et al., 1992). Stability is measured by relative endurance, with factors along a spectrum of ranges of fluctuation possibilities (Weiner et al., 1976). Structure leads to stability, whereas unpredictability leads to instability, and the less stable, the less control a person has, particularly in an external environment (Wang et al., 2015). Attribution theory has been applied to sport psychology research primarily in the context of how athletes or participants explain outcomes of behavior (Rejeski & Brawley, 1983). Controllability, proposed by Rees, Ingledew, and Hardy (2005) to be the primary dimension of attribution theory, is impacted by how it generalizes over time, how it is situated, and how people influence emotions, expectations, and performance. Kim and Jeong (2015) examined the role of causal attributions on sport consumption and found internal control and stability to significantly predict consumer pride and shame, with external control predicting gratitude and anger. Additionally, emotional intensity of the consumer was greatest when the event was considered to be controllable, leading to how consumers then attribute the response to the outcome (Kim & Jeong, 2015). Wann and Schrader (2000) found highly identity to lead to self- serving bias. Additionally, when controllability is attributed to the organization within which an 7 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 8 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. individual belongs, it is likely that any actions of the individual will reflect upon the organization (Kim, Eisenschmid, & Cavanah, 2018). Specific to fan behavior and identity, attribution theory has been used to measure fan perceptions of control of wins and losses (Wann & Shrader, 2000), perceptions of locus, stability, and control of the performance of quarterbacks by race (Murrell & Curtis, 1994), and consumer perceptions of athlete celebrity endorser drug scandal attribution (Kim et al., 2018). Attribution theory was applied to this particular study to evaluate the causal attributions of scandal in the women\u2019s basketball context, to better understand how the unique fanbase of women\u2019s basketball designates controllability and responsibility of such behaviors, and to examine how women\u2019s basketball fans perceive punishment of such transgressions. To address the purpose of the study of examining how women\u2019s basketball fans respond to coach sex scandals, the following research questions are presented. RQ1: How do women\u2019s basketball fans respond to coach sex scandals? RQ2: How has coach sex scandals at women\u2019s basketball programs affected attendance and winning percentage? Method To investigate the effects of sport scandal on fans\u2019 perceptions and consumption of women\u2019s basketball, a qualitative, integrated case study was used to evaluate the impact of scandal on both fan consumption and team success content analysis was used to evaluate message board threads obtained from three Division online discussion forums pertaining to women\u2019s basketball within one month of the scandal\u2019s occurrence. Three schools were identified: 1) The University of Maryland, 2) Louisiana Tech University, and 3) Florida International University, all of which encountered various scandals initiated by a member of their respective coaching staffs. The three schools were chosen for specific reasons, as they are current, involve different levels and success rates of Division women\u2019s basketball, and represent different severities of situations. Each team\u2019s identified fan base is of different size and level of support as indicated by attendance, and the schools represent significant geographical differences. Therefore, these three cases allow the content analysis to provide a wide range through analysis of impact through consumption intentions and team success. Additionally, quantitative data on attendance and winning percentage were evaluated to examine tangible effects stemming from the scandal. Data on attendance and winning percentage were pulled from the three institutions\u2019 respective websites two seasons prior to the scandal, the season containing the scandal, and two seasons after to provide perspective. This data provides practical contexts to the individual cases and depicts a quantitative understanding of both fan behavior and team success both before and after scandal. Instrument & Procedure Content analysis is an effective tool to analyze communication content as a means of quantifying qualitative data (Kassarjian, 1977). In order to do so, researchers identified 8 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 9 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. categories based on the message board posts (Ruihley & Greenwell, 2012 message was then determined to be pertaining to a specific category regardless of its length or overall content. It is typical for social media activity to peak in reactions in the time immediately following the transgression (Pace et al., 2017). Therefore, message board posts uploaded within one month of the transgression were analyzed. Data on attendance and winning percentage were compared over a five-year period to provide numerical context on the impact of the scandal. Data Analysis Codes were deduced from previous literature analyzing consumer reaction to company- related mishaps (Jorgensen, 1996; Weiner, 1986). To identify how message board authors attributed blame to the athletic department, messages were coded in relationship to attribution themes of controllability, responsibility, and punitiveness consistent with previous studies (Murrell & Curtis, 1994; Kim et al., 2018; Wann & Schrader, 2000). Additional themes related to doubt and recruiting also emerged from the analysis. The data were reviewed carefully and thoroughly to ensure the codes represent the data accordingly. To ensure training and intercoder reliability, the researchers acted independently while sorting data into categories and cross- referenced categorizations. Whenever researchers disagreed on categories, a reflection of the definition of themes followed by discussion occurred to designate the appropriate decision to most accurately categorize the message board post. Cohen\u2019s kappa was calculated as a measure of inter-rater reliability. Results The content analysis of message boards produced 162 relevant and usable comments, including 33 comments for Maryland, 92 for Louisiana Tech, and 37 for Florida International. To address how blame was attributed to the athletic department, responses from each scandal were categorized as to whether the author of the comment (a) thought the athletic department had a degree of controllability over the scandal and (b) thought the athletic department was responsible for the scandal. Further, responses from each scandal were categorized as to whether the author of the comment (c) felt the athletic department should be punished, (d) indicated doubt over the accounts of the scandal, and (e) were concerned about the scandal\u2019s effect on recruiting. Researchers agreed on coding for over 90 percent of the items, indicating a high level of inter- rater reliability (Cohen\u2019s kappa = .84). Results for controllability and responsibility are found in Table 1. Results for punitiveness, doubt, and recruiting are found in Table 2. Table 1 Controllability and responsibility School Comments Under control No control Responsible Not responsible Maryland 33 2 6.1% 0 0.0% 1 3.0% 2 6.1% Louisiana Tech 92 20 21.7% 7 7.6% 17 18.5% 7 7.6 37 20 54.1% 3 8.1% 19 51.4% 5 13.5% 9 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 10 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Table 2 Punishment, doubt and recruiting School Comments Punished Not punished Doubt Recruiting Maryland 33 3 9.1% 2 6.1% 1 3.0% 20 60.6% Louisiana Tech 92 20 21.7% 3 3.3% 13 14.1% 4 4.3 37 21 56.8% 1 2.7% 3 8.1% 1 2.7% The University of Maryland comments produced the lowest percentages of comments attributing controllability and responsibility to their program at 6.1% and 3.0%, respectively. It is interesting to note all but one University of Maryland fan comments pertaining to responsibility were designated to lack thereof and deflected from the women\u2019s basketball program, citing McKey\u2019s previous school as the responsible party, for example: This supposedly happened when McKey was at Xavier, so it\u2019s not so much a Maryland issue. Looks like it may turn out to be a she said, he said issue, unless someone else comes forward. If something did happen, wouldn\u2019t it be outside of this University? It\u2019s unfortunate but I\u2019m not sure if it\u2019s \u2018another big setback\u2019. In the Louisiana Tech case 21.7% of the comments indicated the athletic department had some controllability of the situation, and 7.6% of the comments suggested a lack of controllability. Two examples of message board posts referring to controllability are the following: The chances of this happening increase dramatically when you hire a 23-year old coach to be the primary authority figure over a bunch of young women aged 18 to 24, who depend almost solely on his guidance and leadership. This was a stupid hire to begin with, and some people just couldn\u2019t see it. Anytime your school has to hire a babysitter to mind your head coach, it ain\u2019t good. The idea that the athletic department was responsible for the situation was mentioned in 18.5% of comments and lack of responsibility was mentioned in 7.6% of comments. Two examples of message board posts pertaining to responsibility are as follows: No should want to even talk to her about a job. Especially Tommy Mac [the Louisiana Tech Athletic Director at the time], whose own job status should very much be in question right now. Can you imagine that idiot hiring another coach who causes another scandal in about two years!? No one knew or expected this was going on? Really? While that is possible, it does not say much for the judgment or intuition of any of the staff at this point, DeMoss included. 10 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 11 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Florida International had the highest percentages across all categories, with 54.1% of comments indicating the program should have had control, 8.1% indicating no control, 51.4% of comments indicating the program was responsible, and 13.5% indicating the program was not responsible. Two examples of Florida International message board posts indicating control are as follows: If this is true, Chinn\u2019s career is toast. Berg should probably be fired, too. Maybe becomes a casualty as well. This simply can\u2019t be tolerated better get on this pronto Athletics love taking the big \u201cL\u201d and this is a big one. Controllability and responsibility, as indicated by Jorgensen (1996) are closely related but not mutually exclusive; therefore, many, but not all, comments fell under both categories. Below are two examples of controllability and responsibility comments from the Louisiana Tech message board: Regardless of the situation still do believe that a 22/23 year-old should not have been hired as our head coach, regardless of lineage or endorsement... too young and too little personal accomplishments thought this was an April Fool\u2019s joke when first read Tech had hired this kid. Turns out it was. Tech was the fool and he was the joke. The opinion of whether or not the program should be punished was discussed frequently on the message boards. The University of Maryland comments were closest to breaking even, with 9.1% of comments encouraging punishment and 6.1% expressing otherwise (Table 2). With Louisiana Tech, 21.7% comments identified some sort of punitiveness and 3.3% indicated non- punitiveness at. Florida International had the highest number of comments indicating punitiveness, with 56.8% of comments indicating the program should be punished and 2.7% indicating otherwise. Maryland comments mentioned doubt in the scandal at 3.0%, with Louisiana Tech comments mentioning doubt 14.1% and Florida International at 8.1%. Below are two examples of punitiveness comments from the Florida International message board agree that she seemed to be avoiding her responsibilities and that is a problem. Not a fireball offense but a clear demerit. The 2nd point wholeheartedly agree with you [the Athletic Director] should be fired for not doing the #1 job assigned to an AD. Hiring the right people. Cristobal, Turner, Thomas (basketball), Evans, Chinn, Thomas (baseball). Complete failures hate to say this but, if we can use this to push and the rest of his team out, so much the better. There may be casualties along the way, so be it, as someone once said: \u2018the means justify the ends\u201d. An emerging and sport-related category, recruiting, was discussed in the message board posts, as fans were concerned with the long-term impact of the scandals and how they could impact relationships with prospective student-athletes. Recruiting was mentioned in Maryland 11 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 12 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. comments at a rate of 60.6%, in Louisiana Tech comments at 4.3%, and in Florida International comments at 2.7%. Below are two examples of comments on recruiting from the University of Maryland message board: Can't be no worse than the hire of Bryce McKey! There is more than one way to milk a cow!! It's evident Coach Frese needs help recruiting a pg [point guard], just saying. Any thoughts out there on possibly even [hiring to replace McKey] a former player out there who might be able to relate well with recruits? Attendance Through analysis of average home game attendance of the three cases, not much seems to have changed. After the Maryland scandal during the summer of 2015, attendance dipped by .02% during the 2015-16 season, but increased by 9.7% in 2016-17. Louisiana Tech\u2019s attendance fell 1.5% after the scandal during the 2016-17 season then rose by 20.7% during the 2017-18 season. Florida Internationals attendance numbers rose, albeit slightly, throughout their scandal recovery, with a 9.2% increase during the 2016-17 season and another 15.5% during 2017-18. Attendance figures pre and post scandal are found in Table 3. Table 3 Average Home Attendance School 2013-14 2014-15 2015-16 2016-17 2017-18 Maryland 4881 5236 5228* 5735 5537 Louisiana Tech 1918 2061 1954 1925* 2323 403 311 366 400* 462 * First season after scandal Win Percentage The University of Maryland has been a historically successful program since the inclusion of women\u2019s sports in the NCAA, won a national championship in 2006, and has a reputation of national success, particularly recently, boasting winning percentages of .800 in 2013-14 and .918 in 2014-15. Immediately following their scandal in the summer of 2015, Maryland posted a winning percentage of .914 during 2015-16, but did experience a decrease in winning percentage from .914 in 2016-17 to .765 in 2017-18. Prior to scandal, Louisiana Tech winning percentages were poor to marginal, posting a .375 winning percentage in 2013-14, .536 in 2014-15, and .467 in 2015-16. Louisiana Tech\u2019s win percentage has increased steadily since their scandal in 2015-16 from .467 to .563 in 2016-17 and .613 in 2017-18. Prior to scandal, Florida International saw a sharp decrease in win percentage, going from .455 in 2013-14 to .103 in 2014-15. Florida International\u2019s win percentage has recovered slowly each year after scandal, from .133 in 2015-16 to .172 in 2016-17 and .276 in 2017-18. Overall, changes in winning percentage were marginal after the scandal. Winning percentages pre and post scandal are found in Table 4. 12 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 13 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Table 4 Winning Percentage School 2013-14 2014-15 2015-16 2016-17 2017-18 Maryland .800 (28-7) .918 (32-5) .886* (31-4) .914 (32-3) .765 (26-8) Louisiana Tech .375 (12-20) .516 (16-15) .467 (13-17) .563* (18-14) .613 (19-12 .455 (15-18) .103 (3-26) .133 (4-26) .172* (5-24) .276 (8-21) * First season after scandal Discussion Given the difference in situations and details in each case\u2019s scandal, it is not surprising that consumers\u2019 reactions fluctuated so greatly. The content analysis did fall in line with Weiner\u2019s (1985) achievement-based contexts caused by locus, stability, and controllability. Punitiveness followed suit, as the University of Maryland\u2019s percentage of comments expecting administration to be punished were low, followed by Louisiana Tech and Florida International, respectively. Through analysis of average home game attendance of the three cases, not much seems to have changed. From a winning percentage perspective, coaching change has not been found to significantly impact win production, as Pierce, Johnson, Krohn, and Judge\u2019s (2017) research implies coaching change produces only one more or less win over three years following a change in coaching in Division women\u2019s basketball. University of Maryland Very few of the message board comments regarding the University of Maryland scandal were related to controllability and responsibility. In other words, fans posting on message boards felt the coach\u2019s actions were not within the control of the university athletic department and therefore did not ascribe much responsibility toward them. This finding may be reflective of their identification with assistant coach Bryce McKey, as his tenure as an assistant coach was short- lived. In this case, consumers were not heavily impacted due to the time and situation of McKey, an assistant coach without even a full season of tenure at the University of Maryland. Instead, message board posters tended to focus on recruiting, as 60.6% of their posts were concerned with how the scandal would affect recruiting. In sum, University of Maryland women\u2019s basketball consumers were more interested in how the scandal would affect the performance of the program going forward than assigning blame for the scandal. After Maryland\u2019s scandal during the summer of 2015, attendance dipped .02% during the 2015-16 season, but increased by 9.7% in 2016-17, indicating the scandal had little effect on attendance. The team\u2019s winning percentage dropped slightly the year after the scandal but rebounded the next year, also suggesting the scandal had little effect on the program. 13 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 14 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Louisiana Tech Message board posts surrounding revelations of Head Women\u2019s Basketball coach Tyler Summitt\u2019s actions pointed fingers at the Louisiana Tech Athletic Department administrators and decision makers. Comments focused primarily on the athletic department\u2019s lack of concern for Summitt\u2019s age and its proximity to the student-athletes for whom he was responsible, the lack of due diligence the athletic department enacted during its hiring process of Summitt, as well as its lack of subsequent monitoring of his behavior and relationships during his tenure as head coach. Additionally, message board posts pointed to the athletic department\u2019s hiring of a new women\u2019s basketball coach to be of utmost importance to the future success or demise of the program as a whole. Louisiana Tech had a greater percentage of comments assigning controllability (21.7%) and responsibility (18.5%) to the athletic department. These comments tended to be directed at administration for hiring a young, inexperienced Head Coach in Tyler Summitt. This relationship indicating an increase in perceived control results in increased responsibility and punitiveness is consistent with prior studies (Holfeld, 2014; Jeong, 2007; Kim et al., 2018; Um, 2013). The media attention surrounding Tyler Summitt\u2019s resignation was the most prominent of the three cases, as his mother, Pat Summitt, was a legendary Hall of Fame women\u2019s basketball coach. The Summitt \u201cbrand\u201d, speculated to be a large reason for Tyler Summitt\u2019s initial hiring at Louisiana Tech, faced negative publicity and embarrassment causing considerable anguish to fans and supporters, particularly during a time when Pat Summitt was deteriorating from early-onset dementia, Alzheimer\u2019s type (Voepel, 2016). The actions of Tyler Summitt, attributed to inexperience, being too close in age to his players, and being promoted due to his last name, tarnished the work his mother did during her legacy as a champion for women\u2019s rights and opportunities in sport (Mattioli, 2016). It is also important to note that 14.1% of the respondents expressed doubt over whether or not the incident happened as reported, while only 8.1% expressed doubt at Florida International and 3.0% expressed doubt at Maryland. Examples of message board posts expressing doubt include could just say it, but I'm hoping it's a bad rumor\u201d, \u201cThis is a sad situation and no one has a clue exactly what is going on\u201d, and \u201cNo telling where they got that tidbit/rumor, assuming it is one. Did they just make that up? Not starting another rumor, just stating things are all over the place.\u201d This could be attributed to the effect of in-group bias, or the unwarranted trust often associated with fan identification of an organization or individual even after scandal (Chien et al., 2016). It is possible that consumers had a degree of disbelief that someone of Summitt\u2019s pedigree could be responsible for such a scandal. Having the Summitt name may have created a halo effect where his mother\u2019s celebrity in the world of women\u2019s basketball influenced fans\u2019 perceptions of him. When consumers identify with celebrities, they are more likely to believe in the celebrity\u2019s innocence in the face of scandal (Um, 2013). As such, his celebrity name positivity within the women\u2019s basketball community may have caused some fans to be cautious about believing the story. Celebrity status can also impact the situation adversely, as even the smallest indiscretion can attract an abundance of attention (Osborne, Sherry, & Nicholson, 2016). Subsequent to the scandal, Louisiana Tech\u2019s attendance fell by 1.5% after their scandal, however, then rose by 20.7% during the 2017-18 season. This attendance boost coincides with Martinson, Schneider, and McCollough\u2019s (2015) work indicating fan consumption can be 14 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 15 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. renewed in an unsuccessful women\u2019s basketball program by bringing in a new coaching staff. After Summitt resigned, Louisiana Tech hired Brooke Stoehr, a former women\u2019s basketball student-athlete and alumna of the University, citing family, passion, service, and accountability as values to success during her introductory press conference (Isabella, 2016). Replacing male Tyler Summitt with female Brooke Stoehr aligns with Cook and Glass\u2019s (2014) research indicating occupational minorities, including white women, are more likely to be coined as saviors, getting promoted as leaders of weakly performing corporations. The \u201cglass cliff\u201d (Ryan et al., 2015) occurs within athletics departments as well, as Penn State hired Sandy Barbour in the wake of the Jerry Sandusky sexual abuse scandal (Moyer & McMurphy, 2014) and Rutgers hired Julie Hermann as athletics director in the wake of the Mike Rice abuse came to light (Sargeant, 2015). Additionally, the tendency for women to be more likely than men to be appointed to risky leadership positions, like the head coach at Louisiana Tech in the aftermath of the Tyler Summitt scandal, is indicated to gain more acceptance within the organization than re- hiring a male (Ryan et al., 2015). This could be attributed to the attendance spike in Stoehr\u2019s tenure as head coach. Florida International University The frustration expressed on the message boards was not primarily directed at the women\u2019s basketball program, but rather the athletic department as a whole. More than half of the comments felt the scandal was within the athletic department\u2019s control (54.1%) and felt the athletic department was responsible (51.4%). This relationship indicating an increase in perceived control results in increased responsibility and punitiveness is also consistent with prior studies (Holfeld, 2014; Jeong, 2007; Kim et al., 2018; Um, 2013). There are two possible explanations for why this finding was so much more pronounced than in the other cases. First, media accounts had provided significant details about the account. The increase in information may have made it less likely for consumers to give administrators the benefit of the doubt. Secondly, many of the message board posts referenced past shortcomings of the athletic administration. This lack of trust in the athletic department\u2019s abilities meant administrators were less likely to be able to insulate themselves from the scandal. These two themes were closely tied to punitiveness as 56.8% felt the athletic department deserved some punishment for the actions. This finding was starkly different from the other two cases in that fewer than 10% of the comments in those cases suggested some sort of punishment. Message board posts blaming the athletic department included: \u201cWe\u2019re talking about the athletic administration at FIU, the gang that can\u2019t get anything right\u201d, and \u201c[Athletic Director Pete Garcia] should be fired for not doing the #1 job assigned to an AD. Hiring the right people.\u201d After the scandal, Florida International Women\u2019s Basketball attendance numbers rose, albeit slightly, throughout their scandal recovery Women\u2019s Basketball saw a 9.2% increase during the 2016-17 season and another 15.5% increase during the 2017-18 season. This attendance boost coincides with Martinson et al.\u2019s (2015) results indicating fan consumption can be renewed in an unsuccessful women\u2019s basketball program by bringing in a new coaching staff. The school also replaced Coach Marlin Chinn with a female head coach, Tiara Malcolm, as the athletic department was likely in need of acceptance and support from consumers (Ryan et al., 2015). 15 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 16 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Implications and Conclusions This study examined three different cases related to sex scandals in women\u2019s intercollegiate basketball. Despite the initial similarities in the cases, the results were quite different for each program. Results in the three cases of scandal in women\u2019s basketball in 2016 had varying differences due to various contextual factors such as the coach\u2019s tenure with the program, coach\u2019s position, and perceptions of the athletic department. In sum, fans\u2019 responses to scandal may greatly vary according to a number of factors, and it cannot be assumed that similar situations will generate similar responses in the future. Each respective case delves into different situations and responses to scandal, indicating the response of an athletic department to a women\u2019s basketball scandal can vary. For a particularly competitive program like the University of Maryland, it may be effective to focus on recruiting, as a dip in win percentage two seasons after the scandal can be an indication of an impact felt through recruiting, particularly since the fan base was concerned with how recruits and their relationships with the Maryland coaching staff would react to the scandal. Louisiana Tech, a program with mediocre recent success, showed what can go wrong when an athletic department hires a young male coach based on legacy and not on performance; therefore, athletics departments might want to avoid doing so in the future. Florida International, a program with marginal to low success, shows a scandal even in a program not heavily supported can reflect poorly on the athletic department and produce punitive expectations by fans. In terms of attendance, results showed women\u2019s basketball fans to be fairly immune to scandal and support their team regardless of the indiscretion of the coach. Despite each scandal, attendance tended to remain stable and winning percentages did not fluctuate much. While fans were concerned over the impact of the scandal, they tended to continue their support of the organization. This finding is consistent with Chien et al., (2016) who found highly identified fans were likely blame the perpetrator, but stand by their team. Fan identification, therefore, can likely be preserved through scandal in women\u2019s basketball. 16 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 17 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. References Benoit, W. L. (1997). Image repair discourse and crisis communication. Public Relations Review, 23(2), 177-186. Bhattacharjee, A., Berman, J. Z., & Reed, A. (2013). Tip of the hat, wag of the finger: How moral decoupling enables consumers to admire and admonish. Journal of Consumer Research, 39(6), 1167-1184. Bhattacharya, C. B., & Sen, S. (2003). Consumer company identification framework for understanding consumers\u2019 relationships with companies. Journal of Marketing, 67(2), 76- 88. Branscombe, N. L., & Wann, D. L. (1992). Role of identification with a group, arousal, categorization processes, and self-esteem in sports spectator aggression. Human Relations, 45(10), 1013-1033. Chien, P. M., Kelly, S. J., & Weeks, C. S. (2016). Sport scandal and sponsorship decisions: Team identification matters. Journal of Sport Management, 30(1), 490-505. Connor, J. M. & Mazanov, J. (2010). The inevitability of scandal: The lessons for sponsors and administrators. International Journal of Sports Marketing and Sponsorship, 11(3), 29-37. Cook, A., & Glass, C. (2014). Above the glass ceiling: When are women and racial/ethnic minorities promoted to CEO? Strategic Management Journal, 35(7), 1080-1089. Cullen, F. T., Latessa, E. J., & Byrne, J. P. (1990). Scandal and reform in collegiate athletics: Implications from a national survey of head football coaches. The Journal of Higher Education, 61(1), 50-64. Edelman, M. (2014). The NCAA\u2019s \u2018death penalty\u2019 sanction- Reasonable self-governance or an illegal group boycott in disguise? Lewis & Clark Law Review, 18(2), 385-420. Ferrell, O. C., & Gresham, L. G. (1985 contingency framework for understanding ethical decision making and marketing. The Journal of Marketing, 49(3), 87-96. Ferrell, O. C., Gresham, L. G., & Fraedrich, J. (1989 synthesis of ethical decision models for marketing. Journal of Macromarketing, 9(2), 55-64. Fink, J. S., Parker, H. M., Brett, M., & Higgins, J. (2009). Off-field behavior of athletes and team identification: Using social identity theory and balance theory to explain fan reaction. Journal of Sport Management, 23, 142-155. Fink, J. S., Trail, G. T., & Anderson, D. F. (2002). Environmental factors associated with spectator attendance and sport consumption behavior: Gender and team differences. Sport Marketing Quarterly, 11(1), 8-19. Folkes, V. S. (1984). Consumer reactions to product failure: An attributional approach. Journal of Consumer Research, 10, 398-409. Funk, D. C., Ridinger, L. L., & Moorman, A. M. (2003). Understanding consumer support: Extending the sport interest inventory (SII) to examine individual differences among women\u2019s professional sport consumers. Sport Management Review, 6,1-23. Gorse, S. & Chadwick, S. (2010). Conceptualising corruption in sport: Implications for sponsorship programmes. The European Business Review, July/August 2010, 40-45. Grasha, K. (2016). Judge in ex-coach case: \u2018Why didn\u2019t she leave?\u2019 Cincinnati Enquirer. Retrieved from coach-not-guilty-sex-abuse/82894894/ 17 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 18 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Hardwicke-Brown, E. (2014). Sport celebrity scandal: Consumer attitude towards the sponsoring brand. (Master\u2019s thesis, University of Calgary). Retrieved from Holfeld, B. (2014). Perceptions and attributions of bystanders to cyber bullying. Computers in Human Behavior, 38, 1-7. Hughes, S. & Shank, M. (2005). Defining scandal in sports: Media and corporate sponsor perspectives. Sport Marketing Quarterly, 14, 207-216. Hughes, S. & Shank, M. (2008). Assessing the impact of scandals: An exploratory analysis. International Journal of Sport Marketing & Management, 3(1/2), 78-99. Hunt, S. D., & Vitell, S. (1986 general theory of marketing ethics. Journal of Macromarketing, 6(1), 5-16. Isabella, S. (2016, April 20). Emotions flow as Brooke Stoehr is introduced at Tech. The News Star. Retrieved from tech/2016/04/19/emotions-flow-brooke-stoehr-introduced-tech/83235960/ James, J. D., & Ridinger, L. (2002). Female and male sport fans comparison of sport consumption motives. Journal of Sport Behavior, 25, 1-19. Jeong, S. H. (2007). Effects of news about genetics and obesity on perceived controllability and helping behavior. Health Communication, 22, 221-228. Jorgensen, B. K. (1996). Components of consumer reaction to company-related mishaps structural equation model approach. Advances in Consumer Research, 23, 346-351. Kassarjian, H. H. (1977). Content analysis in consumer research. Journal of Consumer Research, 4(1), 8-18. Kelley, H. H., & Michela, J. L. (1980). Attribution theory and research. Annual Review of Psychology, 31(1), 457-501. Kelly, S. J., Weeks, C. S., & Chien, P. M. (2018). There goes my hero again: sport scandal frequency and social identity driven response. Journal of Strategic Marketing, 26(1), 56- 70. Kerstetter, D. L. & Kovich, G. M. (1997). An involvement profile of division women\u2019s basketball spectators. Journal of Sport Management, 11, 234-249. Kim, J. W., & Jeong, S. H. (2015). The role of causal attributions in sport consumers\u2019 emotions and satisfaction judgement. Social Behavior and Personality, 43(5), 803-814. Kim, S., Eisenschmid, T., & Cavanah, S. (2018). Effects of controllability of athlete celebrity endorsers\u2019 drug scandals on punitive opinions: Sensation seeking as a moderator. Communication & Sport, 1-24. Knittel, C.R. & Stango, V. (2014). Celebrity endorsements, firm value, and reputation risk: Evidence from the Tiger Woods scandal. Management Science, 60 (1), 21-37. Koo, G., Andrew, D. P., & Kim, S. (2008). Mediated relationships between the constituents of service quality and behavioral intentions study of women\u2019s college basketball fans. International Journal of Sport Management and Marketing, 4(4), 390-411. Lee, J. S., & Kwak, D. H. (2016). Consumers\u2019 responses to public figures\u2019 transgression: Moral reasoning strategies and implications for endorsed brands. Journal of Business Ethics, 137(1), 101-113. Martinko, M. J., Gundlach, M. J., & Douglas, S. C. (2002). Toward an integrative theory of counterproductive workplace behavior causal reasoning perspective. International Journal of Selection and Assessment, 10, 36-50. 18 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 19 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Martinson, D., Schneider, R., & McCullough, B. (2015). An analysis of the factors and marketing techniques affecting attendance at Division women\u2019s basketball games. The Journal of SPORT, 4(2), 42-59. Mattioli, K. (2016, April 11). Tyler Summitt\u2019s affair with La. Tech player shameful considering mother\u2019s legacy. Sporting News. Retrieved from basketball/news/tyler-summitt-pat-summitt-louisiana-la-tech-resignation-impregnate- player/m4trhlwmlljm12d549wq7mums Maxwell, H. & Lough, N. (2009). Signage vs. no signage: An analysis of sponsorship recognition in women\u2019s college basketball. Sport Marketing Quarterly, 18(4), 188-198. McAuley, E., Duncan, T. E., & Russell, D. W. (1992). Measuring causal attributions: The revised causal dimension scale (CDSII). Personality and Social Psychology Bulletin, 18(5), 566-573. McAuley, E., & Gross, J. B. (1983). Perceptions of causality in sport: An application of the causal dimension scale. Journal of Sport Psychology, 5, 72-76. Moyer, J., & McMurphy, B. (2014). Penn State hires Sandy Barbour. ESPN.com. Retrieved from hiring-sandy-barbour-athletic-director Murrell, A. J., & Curtis, E. M. (1994). Causal attributions of performance for Black and White quarterbacks in the look at the sports pages. Journal of Sport & Social Issues, 18(3), 224-233. Neal, D. J. (2016 women\u2019s basketball coach fired after sexual misconduct allegations. Miami Herald. Retrieved from: usa/florida-international-university/article65429682.html Neale, L. (2010). Loyalty and the ritualistic consumption of entertainment. Journal of Media and Culture Studies, 24(6), 905-919. Osborne, A., Sherry, E., & Nicholson, M. (2016). Celebrity, scandal and the male athlete sport media analysis. European Sport Management Quarterly, 16(3), 255-273. Pace, S., Corciolani, M., & Gistri, G. (2017). Consumers\u2019 responses to ethical brand crises on social media platforms. Mercati e Competitivita, 1, 141-157. Pierce, D. A., Johnson, J. E., Krohn, B. D., & Judge, L. W. (2017). Who should we hire? Examining coaching succession in Division women\u2019s basketball. International Journal of Sports Science & Coaching, 12(2), 151-161. Prior, D. D., O\u2019Reilly, N., Mazanov, J., & Huybers, T. (2013). The impact of scandal on sport consumption conceptual framework for future research. International Journal of Sport Management and Marketing, 14(1/2/3/4), 188-211. Proffitt, J. M., & Corrigan, T. F. (2012). Penn State\u2019s \u201csuccess with honor\u201d: How institutional structure and brand logic disincentivized disclosure. Cultural Studies, 12(4), 322-325. Rees, T., Ingledew, D. K., & Hardy, L. (2005). Attribution in sport psychology: Seeking congruence between theory, research and practice. Psychology of Sport and Exercise, 6, 189-204. Rejeski, W. J., & Brawley, L. R. (1983). Attribution theory in sport: Current status and new perspectives. Journal of Sport Psychology, 5, 77-99. Ridinger, L. L., & Funk, D. C. (2006). Looking at gender differences through the lens of sport spectators. Sport Marketing Quarterly, 15, 155-166. 19 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019 Women\u2019s Basketball Scandal 20 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Roberts, G. C. (1982). Achievement motivation and sport behavior. In R. Terjung (Ed.), Exercise and sport science reviews. (Vol. 10) (pp. 236-269). Philadelphia, PA: The Franklin Institute Press. Robertson, T. S., & Rossiter, J. R. (1974). Children and commercial persuasion: An attribution theory analysis. Journal of Consumer Research, 1(1), 13-20. Rowe, D. (2013). Sport: Scandal, gender and the nation Occasional Paper Series, 3(4), 1- 17. Ruihley, B. J. & Greenwell, T. C. (2012). Understanding the league sport participation experience utilizing the critical incident technique. Sport Marketing Quarterly, 21(1), 32- 42. Ryan, M. K., Haslam, S. A., Morgenroth, T., Rink, F., Stoker, J., & Peters, K. (2015). Getting on top of the glass cliff: Reviewing a decade of evidence, explanations, and impact. The Leadership Quarterly, 27, 446-455. Sargeant, K. (2015, November 29). Julie Hermann out as Rutgers athletics director. NJ.com. Retrieved from hermann_out_as_rutgers_athletics_dire.html Sato, S., Ko, Y. J., Chang, Y., & Kay, M. (2018). How does the negative impact of an athlete\u2019s reputational crisis spill over to endorsed and competing brands? The moderating effects of consumer knowledge. Communication & Sport, 1-25. Sato, S., Ko, Y. J., Park, C., & Tao, W. (2015). Athlete reputational crisis and consumer evaluation. European Sport Management Quarterly, 15(4), 434-453. Schau, H. J., Mu\u00f1iz, A. M., & Arnould, E. J. (2009). How brand community practices create value. Journal of Marketing, 73(5), 30-51. Smith, D. R. (2015). It pays to bend the rules: The consequences of athletic sanctions. Sociological Perspectives, 58(1), 97-119. Strizakova, Y., Tsarenko, Y., & Ruth, J. A. (2012). \u201cI\u2019m mad and can\u2019t get that service failure off my mind\u201d: Coping and rumination as mediators of anger effects on customer intentions. Journal of Service Research, 15(4), 414-429. Um, N.H. (2013). Celebrity scandal fallout: How attribution style can protect the sponsor. Psychology and Marketing, 30, 52\u2013541 Vitell, S. J. (2003). Consumer ethics research: Review, synthesis, and suggestions for the future. Journal of Business Ethics, 43, 33-47. Vitell, S. J., & Muncy, J. (1992). Consumer ethics: An empirical investigation of factors influencing ethical judgments of the final consumer. Journal of Business Ethics, 11(8), 585-597. Voelpel, M. (2016). Tyler Summitt\u2019s fall crushing to Louisiana Tech and Tennessee. EspnW.com. Retrieved from basketball/story/_/id/15163404/tyler-summitt-fall-crushing-louisiana-tech-lady-techsters- tennessee-lady-vols Wakefield, K. L. (2007). Team Sports Marketing. Oxford: Butterworth-Heinemann. Wang, H., Hall, N. C., & Rahimi, S. (2015). Self-efficacy and causal attributions in teachers: Effects on burnout, job satisfaction, illness, and quitting intentions. Teaching and Teacher Evaluation, 47, 120-130. Wann, D. L., & Branscombe, N. R. (1990). Die-hard and fair-weather fans: Effects of identification on BIRGing and CORFing tendencies. Journal of Sport and Social Issues, 14(2), 103-117. 20 Journal of Issues in Intercollegiate Athletics, Vol. 12, Iss. 1 [2019], Art. 27 Williams & Greenwell 21 Downloaded from \u00a92019 College Sport Research Institute. All rights reserved. Not for commercial use or unauthorized distribution. Wann, D. L., & Schrader, M. P. (2000). Controllability and stability in the self-serving attributions of sport spectators. The Journal of Sport Psychology, 140(2), 160-168. Weiner, B. (1972). Attribution theory, achievement motivation, and the educational process. Review of Educational Research, 42(2), 203-215. Weiner, B. (1979 theory of motivation for some classroom experiences. Journal of Educational Psychology, 71(1), 3-25. Weiner, B. (1985). An attributional theory of achievement motivation and emotion. Psychological Review, 92(4), 548-573. Weiner, B. (1986). Attribution, emotion, and action. In R. M. Sorrentino & E. T. Higgins (Eds.), Handbook of motivation and cognition: Foundations of social behavior (pp. 281-312). New York, NY: Guilford Press. Weiner, B. (1996). An attributional theory of motivation and emotion. New York, NY: Springer Valley. Weiner, B., Nierenberg, R., & Goldstein, M. (1976). Social learning (locus of control) versus attributional (causal stability) interpretations of expectancy of success. Journal of Personality, 44(1), 52-68. Wu, S. H., Tsai, C. D., & Hung, C. C. (2012). Toward team or player? How trust,vicarious achievement motive, and identification affect fan loyalty. Journal of Sport Management, 26, 177-191. Zuckerman, M. (1979). Attribution of success and failure revisited, or: The motivational bias is alive and well in attribution theory. Journal of Personality, 47(2), 245-287. 21 Williams and Greenwell: The Impact of Scandal on Division Women\u2019s Basketball Fan Published by Scholar Commons, 2019", "8392_102.pdf": "After coach firing, La. Tech coach resigns following sexual misconduct By Teresa M. Walker Associated Press Updated April 08, 2016 8:42 PM\| In this Dec. 11, 2014 file photo, Louisiana Tech women\u2019s basketball coach Tyler Summitt, center, talks strategy with his players during a time out in an college basketball game against Mississippi State in Starkville, Miss. Tyler Summitt has resigned as Louisiana Tech women\u2019s basketball coach and acknowledged having an inappropriate relationship, Thursday, April 7, 2016. Rogelio V. Solis 6 $1.99 Gain unlimited access to our exclusive stories Log In \| Subscribe 2/22/25, 7:42 After coach firing, La. Tech coach resigns following sexual misconduct \| Miami Herald 1/4 Tyler Summitt has resigned from his job as Louisiana Tech women\u2019s basketball coach and acknowledged having an inappropriate relationship. School officials announced Summitt\u2019s resignation in a statement Thursday. Summitt, whose mother is Hall of Fame coach Pat Summitt, says he is \u201cprofoundly disappointed\u201d in himself for a \u201crelationship\u201d that hurt the people he loves and respects most. Summitt is the second women\u2019s basketball coach in Conference to lose his job after being accused of sexual misconduct in the past month. On March 11 announced it fired women\u2019s basketball coach Marlin Chinn two weeks after allegations by team captain Destini Feagin that the coach pursued her sexually, although the school said the firing was over a violation of rules regarding athlete benefits am profoundly disappointed in myself for engaging in a relationship that has negatively affected the people love, respect and care about the most,\u201d Summitt said in a statement issued through Louisiana Tech. Only have a minute? Listen instead 1.0x Powered by Trinity Audio 00:00 02:38 10 10 2/22/25, 7:42 After coach firing, La. Tech coach resigns following sexual misconduct \| Miami Herald 2/4 \u201cMy hope, plans and prayers are to repair those relationships am appreciative of the opportunity was given to coach at Louisiana Tech am heartbroken that my time has ended in Ruston, but because of my respect for the institution, it is best that resign am hopeful the media and the public will respect the privacy of my family and me as we deal with this difficult situation have caused.\u201d He married his high school girlfriend AnDe Ragsdale on June 1, 2013, and Louisiana Tech hired Summitt in April 2014 after two seasons as assistant coach at Marquette. Now 25, Summitt went 16-15 in his first season and 14-16 this season. Louisiana Tech said Summitt\u2019s resignation was accepted and effective immediately. Summitt graduated from Tennessee, where he spent two seasons on the men\u2019s basketball team. He also was a student assistant coach for his mother and the Lady Vols. He is a co-founder and board member of The Pat Summitt Foundation. His mother announced in August 2011, at the age of 59, that she had been diagnosed with early onset dementia, Alzheimer\u2019s type. She retired in April 2012 as the all-time winningest coach and became head coach emeritus at Tennessee. Pat Summitt has a career record of 1,098-208 with eight national championships, 16 Southeastern Conference regular season titles and 16 tournament titles. She also coached the U.S. women\u2019s Olympic team to the 1984 gold medal. This story was originally published April 8, 2016 at 8:28 PM. Today in Sports Heat. Dolphins. Marlins. Panthers. Get your daily dose of South Florida Sports By submitting agree to the Privacy Policy and Terms of Service. 2/22/25, 7:42 After coach firing, La. Tech coach resigns following sexual misconduct \| Miami Herald 3/4 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 Sports Betting Banking Coupons McClatchy Advertising Place an Ad Place a Classified Ad Place an Ad - Celebrations Place an Obituary Staffing Solutions Political \| Advocacy Advertising 2/22/25, 7:42 After coach firing, La. Tech coach resigns following sexual misconduct \| Miami Herald 4/4"}
7,880	Lee E. Monroe	Voorhees College	[ "7880_101.pdf", "7880_102.pdf", "7880_103.pdf" ]	{"7880_101.pdf": "From Casetext: Smarter Legal Research Bishop-Joseph v. Monroe United States District Court, D. South Carolina, Orangeburg Division Jul 5, 2007 Civil Action No.: 5:04-2319 (D.S.C. Jul. 5, 2007) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Civil Action No.: 5:04-2319-RBH. July 5, 2007 R. HARWELL, District Judge This matter is before the Court on the defendant's [65] Motion for Judgment as a Matter of Law, in the Alternative for New Trial, or in the alternative for Modification of the Back Pay Award. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:42 Bishop-Joseph v. Monroe, Civil Action No.: 5:04-2319 \| Casetext Search + Citator 1/5 Plaintiff moves for judgment as a matter of law on the plaintiff's claim of sexual discrimination based on hostile work environment on the basis of sufficiency of the evidence of severe or pervasive conduct by the defendant to create a hostile work environment. In addition, defendants assert that the evidence presented at trial establishes as a matter of law that President Monroe was not the College's proxy and that the plaintiff unreasonably failed to take advantage of the College's anti-harassment policy. Plaintiff moves alternatively for a new trial on the sexual discrimination claim on grounds that the jury should be allowed to consider whether the plaintiff unreasonably failed to avail herself of the college's policy against harassment. Finally, defendants seek modification of the back pay awarded by the Court [district] court may only grant a motion for judgment as a matter of law (formerly j.n.o.v.) if, viewing the evidence in the light most favorable to the non-moving party and drawing every legitimate inference in that party's favor, the court determines that the only conclusion a reasonable 2 trier of fact could draw from the evidence is in favor of the moving party.\" Tools v. Champ Frame Straightening Equip., 87 F.3d 654, 656-57 (4 Cir. 1996). The Fourth Circuit has stated that \"whether harassment was sufficiently severe or pervasive is `quintessentially a question of fact' for the jury.\" Beardsley v. Webb, 30 F.3d 524, 530 (4 Cir. 1994). In the case at bar, the Court believes that the evidence, taken as a whole, was sufficient to submit to the jury the issues of whether the conduct of Dr. Monroe was sufficiently severe or pervasive to create a hostile work environment and whether Dr. Monroe was the proxy for the college. 2 th th Defendants also contend that a new trial should be granted to allow the college to submit to the jury the defenses available under Faragher and Ellerth regardless of whether the jury finds Dr. Monroe to be the college's proxy. In making this argument, the defendants appear to be asserting that the Court improperly charged the jury that, if it found Dr. Monroe was the College's proxy, the jury could not consider the Faragher/Ellerth defense. The Court notes that there was no objection to the Court's jury charge, nor to the verdict form.1 2/22/25, 7:42 Bishop-Joseph v. Monroe, Civil Action No.: 5:04-2319 \| Casetext Search + Citator 2/5 1 At the beginning of the trial, the Court placed on the record an agreement by both parties regarding the use of the Faragher/Ellerth affirmative defense and the proxy issue. The parties agreed that, although the defense would not normally apply where a plaintiff proves constructive discharge (i.e., a tangible employment action) for purposes of this trial no issue of constructive discharge was to be decided by the jury and the employer could use the Faragher/Ellerth defense, regardless of whether the plaintiff was constructively discharged. However, the parties agreed that the issue of whether Monroe was a proxy of the college should be submitted to the jury and that, if they determined that he was a proxy for the college, then the Faragher/Ellerth defense would not apply. In addition, the Court believes that the Fourth Circuit would follow what appears to be the majority rule, that the Faragher/Ellerth defense does not apply where the alleged harasser is the organization's proxy. Faragher v. City of Boca Raton, 524 U.S. 775, 789 (1998) (\"Nor was it exceptional that standards for binding the employer were not in issue in Harris, supra . In that case 3 of discrimination by hostile environment, the individual charged with creating the abusive atmosphere was the president of the corporate employer . . . who was indisputably within that class of an employer organization's officials who may be treated as the organization's proxy.\" ). See Johnson v. West, 218 F.3d 725 (7 Cir. 2000); Ackel v. National Communications, Inc., 339 F.3d 376 (5 Cir. 2003); Distasio v. Perkin Elmer Corp., 157 F.3d 55 (2 Cir. 1998); Passantino v. Johnson Johnson Consumer Products, Inc., 212 F.3d 493 (9 Cir. 2000); Haught v. The Louis Berkman, LLC, 377 F.Supp.2d 543 (N.D.W.Va. 2005). Before the Supreme Court decided Faragher, the Fourth Circuit decided Katz v. Dole, 709 F.2d 251 (4 Cir. 1983), partially abrogated by Mikels v. City of Durham, 183 F.3d 323 (4 Cir. 1999). In Katz, the Fourth Circuit applied respondeat superior liability in regard to employer liability for sexual harassment. The Court stated: \"Except in situations where a proprietor, partner or corporate officer participates personally in the harassing behavior, the plaintiff will have the additional responsibility of demonstrating the propriety of holding the employer liable under some theory of respondeat superior.\" Id., 709 F.2d at 255. In Mikels, the Fourth Circuit recognized that the appropriate basis of liability by employers is their direct negligence rather than imputed liability through respondeat superior, citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (1998). 2 3 th th nd th th th 2/22/25, 7:42 Bishop-Joseph v. Monroe, Civil Action No.: 5:04-2319 \| Casetext Search + Citator 3/5 However, the Court stated that the \"mischaracterization has had no substantive effect on our application of the standard.\" Id., 183 F.3d 329, ftnote 4. Therefore, the portion of the Katz opinion which recognized liability of an employer for acts by a proxy appears to still be good law. 2 Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993). The defendants have not set forth sufficient grounds to grant a new trial. Finally, defendants request the Court to reconsider its award of back pay to the plaintiff. Motions under Rule 59 are not to be made lightly: \" [R]econsideration of a previous order is an extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.\" 12 \u00b6 59.30[4] (3d ed.). The 4 Fourth Circuit has held such a motion should be granted for only three reasons: (1) to follow an intervening change in controlling law; (2) on account of new evidence; or (3) \"to correct a clear error of law or prevent manifest injustice.\" Collison v. International Chemical Workers Union, 34 F.3d 233, 235 (4th Cir. 1994) (emphasis added). Rule 59 motions \"may not be used to make arguments that could have been made before the judgment was entered.\" Hill v. Braxton, 277 F.3d 701, 708 (4th Cir. 2002). Nor are they opportunities to rehash issues already ruled upon because a litigant is displeased with the result. See Tran v. Tran, 166 F. Supp. 2d 793, 798 (S.D.N.Y. 2001). 4 Having reviewed the record related to this motion, the Court concludes that the motion presents neither new controlling law; new evidence, nor points out a clear legal error of this Court. Therefore, the plaintiff's motion to reconsider the backpay issues is denied for the reasons stated in this Court's Order dated May 16, 2007. See Dennis v. Columbia Colleton Medical Center, Inc., 290 F3d 639 (4 Cir. 2002). th ORDERED. 1 1 2/22/25, 7:42 Bishop-Joseph v. Monroe, Civil Action No.: 5:04-2319 \| Casetext Search + Citator 4/5 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, 7:42 Bishop-Joseph v. Monroe, Civil Action No.: 5:04-2319 \| Casetext Search + Citator 5/5", "7880_102.pdf": "Please E-mail suggested additions, comments and/or corrections to [email protected]. Help support the publication of case reports on MoreLaw Date: 04-28-2007 Case Style: Dr. Moreen B. Joseph v. Lee E. Monroe and Voorhees College Case Number: 5:04-cv-02319 Judge: R. Bryan Harwell Court: United States District Court for the District of South Carolina (Richland County) Plaintiff's Attorney: Herb Louthian of Louthian and Louthian, Columbia, South Carolina Defendant's Attorney: Evans Taylor Barnette of McCutchen Blanton Rhodes and Johnson, Columbia, South Carolina Cara Crotty and Henry Knight of Constangy Brooks and Smith, Columbia, South Carolina Description: Dr. Moreen B. Joseph sued Lee E. Monroe and Voorhees College on a civil rights violation theory claiming that she was sexually harassed by the College President and that Voorhees College \"acted with malice or with reckless indifference to the federally protected rights\" of her rights. Plaintiff claimed she was subjected to \"lewd, gross and suggestive language of a sexual nature and unwanted touching\" by Monroe for a period of several months in 2002 and 2003, creating a \"hostile work environment.\" She further claimed that Monroe \"repeatedly made unwelcome sexual advances and implied that if she would agree to his sexual advances, she would benefit personally and financially.\" Joseph claimed that she \"consistently and adamantly rejected ... Monroe's advances and, as a result, she was retaliated against, culminating in the loss of her position and more than $70,000 per year in income.\" She also claimed that she \"suffered and continues to suffer severe emotional distress, psychological injury, mental suffering and humiliation.\" Monroe and Voorhees College denied all of Joseph's allegations. The defendants acknowledged that Joseph notified one or more college officials, including Monroe, of \"claimed sexual misconduct but failed to follow college policies and procedures with regard to investigating said wrongful conduct.\" Outcome: Plaintiff's verdict for $400,000 in punitive damages and $100,000 in compensatory damages. Plaintiff's Experts: Unknown Defendant's Experts: Unknown Comments: Editor's Note: Assuming that the verdict rendered by the jury withstand's Defendants' post trial motions, Plaintiff will be entitled to reimbursement of her costs and attorney fees which may equal or exceed the verdict and resulting judgment total. Give $1.00 in support Give $2.00 in support Give $5.00 in support Give $10.00 in support Give $20.00 in support Find a Lawyer Subject: Example: Divorce City: State: Select State Search Find a Case Subject: Example: Product Liability County: State: Select State Search 2/22/25, 7:42 Re: Dr. Moreen B. Joseph v. Lee E. Monroe and Voorhees College 1/2 Home \| Recent Lawyer Listings \| Articles \| Store \| Sign In Verdict Corrections \| Link Errors \| Advertising \| Editor \| Privacy Statement \u00a9 1996-2025 MoreLaw, Inc. 2/22/25, 7:42 Re: Dr. Moreen B. Joseph v. Lee E. Monroe and Voorhees College 2/2", "7880_103.pdf": "From Casetext: Smarter Legal Research Joseph v. Monroe United States District Court, D. South Carolina, Orangeburg Division Sep 6, 2006 Civil Action No. 5:04-2319 (D.S.C. Sep. 6, 2006) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free Civil Action No. 5:04-2319-RBH. September 6, 2006 R. HARWELL, District Judge Procedural History The plaintiff filed this action on July 13, 2004 alleging federal causes of action for discrimination on the basis of sex and retaliation in violation of Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 1/9 Title VII, 42 U.S.C. \u00a7 2000e, and state law claims for assault and battery. The defendants filed Answers on August 20, 2004. Defendants filed a motion for summary judgment as to the federal claims with supporting documentation on November 28, 2005. The motion for summary judgment does not address the state law assault and battery claim. This matter is now before the undersigned for review of the Report and Recommendation (\"the Report\") filed by United States Magistrate Judge Bristow Marchant, to whom this case had previously been assigned pursuant to 28 U.S.C. \u00a7 636 and Local Rule 73.02(B)(2)(g). In his Report, Magistrate Judge Marchant carefully considers the issues and recommends that the defendant's motion for summary judgment be granted as to the plaintiff's retaliation claim (Third Cause of Action) and as to the quid pro quo sexual harassment claim (portion of First Cause of Action). However, the Magistrate Judge recommended that the motion for summary judgment be denied as to the hostile work environment aspect of the plaintiff's Title claim. Defendant filed objections 2 to the Report on July 14, 2006. Plaintiff filed a response to the objections on July 25, 2006. 2 Plaintiff has not filed any objections. Therefore, after thorough review, the Court adopts that portion of the Report which grants the defendants' motion for summary judgment as to the Third Cause of Action for retaliation. Additionally, the Court adopts, without objection from the plaintiff, the portion of the Report which recommends granting the motion for summary judgment as to the quid pro quo claim of sexual harassment. In this Order, the Court will address the objections filed by the defendants to the Report. In conducting its review, the Court applies the following standard: The magistrate judge makes only a recommendation to the Court, to which any party may file written objections. . . . The Court is not bound by the recommendation of the magistrate judge but, instead, retains responsibility for the final determination. The Court is required to make a de novo determination of those portions of the report or specified findings or recommendation as to which an objection is made. However, the Court is not required to review, 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 2/9 Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137, 138 (D.S.C. 1992) (citations omitted). under a de novo or any other standard, the factual report and recommendation to which no objections are addressed. While the level of scrutiny entailed by the Court's review of the Report thus depends on whether or not objections have been filed, in either case, the Court is free, after review, to accept, reject, or modify any of the magistrate judge's findings or recommendations. Facts The court agrees with the factual and procedural background as set forth by the Magistrate Judge in his Report and Recommendation. The court therefore adopts the Magistrate Judge's version 3 of the facts in this case to the extent such facts are not specifically included herein. 1 3 1 The plaintiff was employed as Director of Research at the Center of Excellence for Rural and Minority Health (located at Voorhees College) and as an instructor at defendant, Voorhees College. She initially became employed at the college in January of 2002 at a salary of $115,000. She received $70,000 from the Center through a federal grant and $45,000 from the college. She alleges that the college president, Dr. Lee E. Monroe, subjected her to sexual harassment in 2002 and early 2003 by making sexual comments to her which became increasingly blatant and requesting a sexual relationship. See Plaintiff's deposition, pp. 118-123. Legal Standard for Summary Judgment Summary judgment \"shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\" Fed.R.Civ.P. 56(c). The moving party has the burden of proving that judgment on the pleading is appropriate. Once the moving party makes the showing, however, the opposing party must respond to the motion with \"specific facts showing there is a genuine issue for trial.\" Fed.R.Civ.P. 56(e). When no genuine issue of any material fact exists, summary judgment is appropriate. Shealy v. Winston, 929 F.2d 1009, 1011 (4th Cir. 1991). The facts 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 3/9 and inferences to be drawn from the evidence must be viewed in the light most favorable to the non-moving party. Id. However, \"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.\"Id. (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). In this case, defendant \"bears the initial burden of point to the absence of a genuine issue of material fact.\" Temkin v. Frederick County Commrs, 845 F.2d 716, 718 (4th Cir. 1991) (citing Celotex Corp v. Catrett, 477 U.S. 317, 322 (1986)). If defendant carries this burden, \"the burden then shifts to the non- moving party to come forward with fact sufficient to create a triable issue of fact.\" Id. at 718-19 (citing Anderson, 477 U.S. at 247-48). Moreover, \"once the moving party has met its burden, the nonmoving party must come forward with some evidence beyond the mere allegations contained in the pleadings to show there is a genuine issue for trial.\" Baber v. Hosp. Corp. of Am., 977 F.2d 872, 874-75 (4th Cir. 1992). The nonmoving party may not rely on beliefs, conjecture, speculation, of conclusory allegations to defeat 4 a motion for summary judgment. Id. and Doyle v. Sentry, Inc., 877 F. Supp. 1002, 1005 (E.D. Va 1995). Rather, the nonmoving party is required to submit evidence of specific facts by way of affidavits (see Fed.R.Civ.P. 56(e)), depositions, interrogatories, or admissions to demonstrate the existence of a genuine and material factual issue for trial. Baber, 977 F.2d 872, citing Celotex Corp., supra. Moreover, the nonmovant's proof must meet \"the substantive evidentiary standard of proof that would apply at a trial on the merits.\" Mitchell v. Data Gen. Corp., 12 F.3d 1310, 1316 (4th Cir. 1993); DeLeon v. St. Joseph Hosp., Inc., 871 F.2d 1229, 1223 n. 7 (4th Cir. 1989). 4 Title Hostile Work Environment Claim Under Title VII, it is an unlawful employment practice for an employer 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). Title encompasses both \"tangible\" discrimination and \"hostile or abusive 2 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 4/9 Faragher, 524 U.S. at 807. environment\". Meritor Savings Bank v. Vinson, 477 U.S. 57, 64 (1986 plaintiff must prove four elements in order to prevail on a hostile environment claim:\"(1) unwelcome conduct, (2) based on [her] gender, (3) sufficiently pervasive or severe to alter the conditions of employment and to create a hostile work environment, and (4) some basis for imputing liability to [the employer].\" Matvia v. Bald Head Island Management, Inc., 259 F.3d 261 (4th Cir. 2001). With regard to the fourth element which is at issue in the case at bar, an employer may be \"subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee.\" Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998). See also, Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998). 5 5 2 Tangible employment action includes \"discharge, demotion, or undesirable reassignment.\" Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998). In Faragher, the Supreme Court held an employer liable for sexual harassment of an employee by a supervisor when the harassment results in a tangible employment action. Where no tangible employment action occurs, the employer may avoid strict liability by proving the affirmative defense more fully set forth below that it attempted to prevent sexual harassment in the work place and that the employee did not avail herself of \"corrective opportunities.\" When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence, see Fed. Rule Cir. Proc. 8(c). The defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct prompt and sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. The Magistrate Judge opined that a jury could find that Monroe, as President of Voorhees College, is the college's proxy and that his actions are 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 5/9 thus automatically imputed to the employer. He recommended a finding by this Court that, if a supervisor holds a sufficiently high position in the company, his actions should be imputed to the employer without allowing the employer to utilize the affirmative defenses set forth in Faragher. [Under the proxy theory, \"[f]rom the perspective of the employee, the supervisor and the employer merge into a single entity.\"Faragher, 524 U.S. at 790, citing Kotcher v. Rosa and Sullivan Appliance Ctr., Inc., 957 F.2d 59, 62 (2nd Cir. 1992).] The parties have not called the Court's attention to any Fourth Circuit opinions dealing with the issue of whether theFaragher/Ellerth defense is applicable where an employee is the employer's proxy. This Court believes that it is premature to rule at this time as to whether the Faragher/Ellerth defense is available where an employee is found to be the employer's proxy Petition for Writ of Certiorari on this issue is pending before the United States Supreme Court. See Dearth v. Collins, 6 2006 1675077 (2006) (Petition for Certiorari from decision by the Eleventh Circuit granting summary judgment on the basis of theFaragher/Ellerth defense to the employer although the company president was the alleged perpetrator, contrary to the Second, Fifth, Seventh, and Ninth Circuits and the EEOC.) See Johnson v. West, 218 F.3d 725, 730 (7 Cir. 2000) (vicarious liability applies when the harassing supervisor is either the employer's proxy or when tangible employment action has occurred); See also, Ackel v. National Communication, Inc., 339 F.3d 376, 383 (5 Cir. 2003); Passantino v. Johnson Johnson Consumer Products, 212 F.3d 493, 516-517 (9 Cir. 2000); Distasio v. Perkin Elmer Corp., 157 F.3d 55, 64 (2 Cir. 1998 Enforcement Guidance, section VI. This issue should more appropriately be addressed at trial. 6 th th th nd Defendants contend in their objections that there are no factual issues as to whether \"Dr. Monroe was the College's proxy with respect to the sexual harassment investigation. He was not.\" They further assert that the Court should find, as a matter of law, that the defendant has met its burden of proving that the plaintiff failed to cooperate with the investigation and that her claim is barred as a matter of law under the Faragher/Ellerth defense. 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 6/9 The defendants contend that Dr. Monroe was not the college's proxy with respect to the sexual harassment investigation since the investigation was handled by a third party investigator. This argument lacks merit. The plaintiff complained initially to the college's auditor, Frank Middleton, (without naming Monroe by name). Monroe then called a meeting on February 13, 2003 involving Middleton, Monroe, and Sandra Gloster, the Director of Human Resources for the purpose of beginning an investigation. The plaintiff allegedly refused to participate without an attorney. The plaintiff then sent a letter to Monroe on February 17, 2003 in which she requested that he stop the harassment and that she did not wish to \"continue this nightmare.\" After the parties exchanged additional letters, the investigation was turned over to the college's Human Resource Department and then to the Board of 7 Directors, who employed M. Malissa Burnette, a Columbia attorney, to conduct an investigation. 7 The issue to be determined is not who conducted the investigation but whether Voorhees is charged with vicarious liability for the actions of Monroe, the college's president, for allegedly creating the abusive atmosphere. The President of a company is \"indisputably within that class of an employer organization's officials who may be treated as the organization's proxy.\" Faragher, 524 U.S. at 789, citing Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993) (individual charged with creating the hostile environment was the company president). This Court accordingly finds that the record contains sufficient evidence to submit the issue to the jury of whether Monroe acted as the proxy of the college so as to subject it to liability for his alleged actions, even where he did not participate in the college's official investigation. Moreover, the Court notes that Monroe did call a meeting after the plaintiff complained to Singleton of an unnamed harasser and in fact did attempt to investigate the matter. Defendants also contend that Monroe was not the plaintiff's only supervisor as a matter of law since she reported \"not only to Dr. Monroe\" but to Dr. Leroy Davis who was the director of the Center for Excellence where the plaintiff worked under a grant. This argument also lacks merit. One of the plaintiff's duties was to serve as an instructor at the college and, as such, Monroe was arguably her supervisor. The fact that she also worked for the Center which had another director (under the college's auspices) does not 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 7/9 take away Monroe's supervisory duties over all faculty members of the college. The defendants cite Johnson for the proposition that a supervisor is not a proxy for an employer where the published sexual harassment policy provided for a complaint to be handled in a management level above her supervisor's level and where she had several supervisors. However, in Johnson, the Seventh Circuit found that the Chief of Police of the defendant hospital was not a high-level manager who would be considered a proxy for the because he in fact had two supervisors within the hospital. On the contrary, in the case at bar, a jury could find that Monroe as president of the college supervised 8 all college employees, including the Director of the Center of Excellence. 8 The defendants also contend that the plaintiff did not cooperate with the investigation as a matter of law. However, the Court finds that there is a question of fact as to this matter. Although the report of the investigator indicates that she had some difficulty arranging a meeting with the plaintiff and her attorney, the report also indicates that a two-hour meeting was in fact held. At this stage of the proceedings, looking in the light most favorable to the plaintiff, the Court finds that issues of fact exist to preclude summary judgment: for example, whether the conduct occurred and whether Monroe was or was not a proxy for the college. Even assuming as the defendants suggest that Monroe was not the proxy for the college, factual issues exist as to whether the defendants can establish the Faragher/Ellerth affirmative defense. Conclusion For the foregoing reasons, the undersigned overrules all objections, adopts and incorporates the Report and Recommendation of the Magistrate Judge as modified herein, and the defendant's motion for summary judgment. The Motion for Summary Judgment is as to the plaintiff's third cause of action for retaliation and as to that portion of the first cause of action only which alleges quid pro quo sexual harassment. The Motion for Summary Judgment is as to the allegations of the first cause of action 2/22/25, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 8/9 regarding hostile work environment. The second cause of action for assault and battery remains as it was not at issue in the motion for summary judgment. 9 9 ORDERED. *1 1 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, 7:43 Joseph v. Monroe, Civil Action No. 5:04-2319 \| Casetext Search + Citator 9/9"}
8,566	T. Florian Jaeger	University of Rochester	[ "8566_101.pdf", "8566_102.pdf", "8566_103.pdf", "8566_104.pdf", "8566_105.pdf", "8566_106.pdf", "8566_107.pdf" ]	{"8566_101.pdf": "$9.4M Member Login Search Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 1/8 Read More Legal News February 17, 2025 State Farm Class Action Lawsuits: What Policyholders Need to Know The University of Rochester settled a long-running legal case over alleged sexual harassment within its brain and cognitive sciences program for $9.4 million, parties announced Friday. In a joint statement, Rochester thanked the nine former students and professors who sued it in 2017, alleging misconduct by T. Florian Jaeger, professor of brain and cognitive sciences. The plaintiffs also alleged retaliation by other faculty members and administrators for blowing the whistle on their colleague and instructor. Plaintiff Richard Aslin, a former dean of arts and sciences at Rochester who is now a clinical professor of psychology at Yale University, said, \u201cWe hope this settlement encourages people affected by discrimination and retaliation to seek justice and never give up.\u201d Presumably referring to the 2018 resignation of former president Joel Seligman over how he handled the Jaeger case, Aslin said he hoped Rochester\u2019s changes to its \u201cleadership and policies will send a signal to other institutions that there is a more productive way to handle complaints about harassment.\u201d Read the source article at Inside Higher Ed Find an Attorney The National Trial Lawyers stands as an esteemed, exclusive association comprising top-tier trial attorneys nationwide. Whether you require a Civil Plaintiff Lawyer or a Criminal Defense Lawyer in your state, our network ensures access to premier legal expertise tailored to your needs. Find Attorney Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 2/8 January 17, 2025 The Value of Joining a Legal Association: Elevate Your Practice and Professional Growth January 14, 2025 Message from the Incoming 2025 Top 100 President Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 3/8 January 6, 2025 Five Ways to Survive a Daubert Challenge Against Your Expert December 24, 2024 Maximize Your Legal Career at the Trial Lawyers Summit Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 4/8 December 9, 2024 Understanding Motions in Limine Key Pretrial Strategy November 13, 2024 Attorney Requirements: What Every Lawyer Needs to Know Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 5/8 November 4, 2024 What to Expect at a Legal Conference October 21, 2024 Why Membership in Legal Associations is Crucial for Career Growth Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 6/8 October 15, 2024 Unlocking Member Benefits for Career Growth and Networking September 30, 2024 How to Network with Other Attorneys Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 7/8 September 24, 2024 Key Deposition Preparation Tips for Lawyers and Witnesses Load More Privacy Policy Terms & Conditions Contact The Copyright \u00a9 2025 All Rights Reserved Member Directory 2/22/25, 7:43 Rochester Settles Sex Harassment Case for $9.4M 8/8", "8566_102.pdf": "Jaeger and others involved talk about the lasting impact of this incident by: Adam Chodak Posted: Jan 6, 2023 / 05:57 Updated: Jan 7, 2023 / 08:29 Rochester, N.Y. (WROC) \u2014 Former University of Rochester President Joel Seligman recently published a new book Hidden Chapter: The Florian Jaeger case and its aftermath 20 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 1/29 The end of the book has something of a hidden chapter, or at least a hidden year. The title is 12 Great Years, but tucked away in the last few pages is his take on 2017, his 13th and final year as president decade prior to that hidden year, 31-year-old Florian Jaeger splashed onto the scene as an assistant professor inside UR\u2019s renowned Brain and Cognitive Sciences Department. Brash and brilliant, Jaeger developed a reputation that years later fueled allegations of sexual harassment. This is the case that flung into the center of the #MeToo movement. It\u2019s also what defined Seligman\u2019s final year and prompted him the day after he resigned to tell News 8, \u201cThis matter to some degree was tried in the court of public opinion and the court of public opinion is very different than due process.\u201d These are words that former Professor Jessica Cantlon, one of several who complained about Jaeger\u2019s behavior towards students, resents to this day. \u201cThat hurt our credibility and made women who have experienced sexual harassment very nervous about coming forward,\u201d Cantlon said. If anyone thought this story was over and done with, Cantlon\u2019s comment reveals it most certainly is not. Not for the accusers. Not for Seligman, who laments unfinished work at UR. Not for Florian Jaeger, who, for this piece, agreed to his first television interview. \u201cNow am a persona non grata,\u201d Jaeger said. Widespread coverage of this story stopped at the beginning of the pandemic, but we discovered almost everyone involved is still living out their own hidden chapter > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 2/29 This includes Jaeger\u2019s colleague and domestic partner, Chigusa Kurumada. \u201cOne way to put it is it\u2019s a never ending nightmare,\u201d Kurumada said quiet, painful search for an end, that\u2019s what this story is, but to understand it one has to jump back to the start, to 2007, when Jaeger first arrived on the campus. What followed was detailed in the $4.5 million investigation lead by famed former federal prosecutor Mary Jo White. In it, she found between 2007 and 2013 Jaeger did have consensual intimate relationships with several students, though he was not their adviser or primary supervisor. At that time, however, a professor dating a student was actually allowed so the White report concluded Jaeger did not violate policy while adding the relationships were \u201cill-advised\u201d and contributed to Jaeger\u2019s reputation as a \u201cwomanizer\u201d and they were eventually used by Cantlon and others to back up their claims. \u201cThis was a pattern of behavior that happened over many years,\u201d Cantlon said. \u201cHe announced at department events that faculty wanted to have sex with a particular woman student, he would talk about students\u2019 breasts, legs, bodies with faculty members.\u201d 1. White agreed with Cantlon that because of a combination of Jaeger\u2019s \u201charsh and demeaning language, flirtatious behavior, use of sexual innuendo, promiscuous reputation, open relationships with students and blurring of social and professional lines\u201d several female graduate students avoided him and, as a result, missed out on educational opportunities. \u201cFlorian\u2019s behavior really corrupted the whole educational program,\u201d Cantlon said. But the report also emphasized there was no unwanted touching and argued Jaeger was not a sexual predator as alleged, calling a number of the complaints exaggerated or misleading and concluded that even when taken all together his behavior did not rise to the level of sexual harassment > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 3/29 Still, the report emphasized the behavior was inappropriate. \u201cDid do something that caused discomfort to other people would say, that\u2019s bound to have happened, the evidence is clear. Do regret it? Yes. That was never my intention, which again some people don\u2019t believe, but can only say it wasn\u2019t my intention,\u201d Jaeger said. Jaeger\u2019s boss called him in when the first official complaint was lodged in 2013 by a graduate student who said, among other things, Jaeger took her picture without her permission. \u201cThis is the first time had heard of any of these allegations,\u201d Jaeger said. \u201cThe first reaction was shock, trying to understand, asking for clarifying information.\u201d After that, things appeared to settle in the department with White noting Jaeger\u2019s improved behavior saying he was no longer dating students nor was there any evidence of offensive language. Then, in 2016, Cantlon and former Professor Richard Aslin submitted their complaints against their colleague. The university investigated and, as noted, determined Jaeger did not break UR\u2019s relationship rules, nor any rules for that matter. Unhappy with that and the fact Jaeger was granted tenure during the appeals process, Cantlon, Aslin and others went public through an article in Mother Jones magazine felt it was a fundamental failure to protect the students at the university,\u201d Aslin said in 2017 few weeks later, with a tweet, actress Alyssa Milano breathed life into the #MeToo movement. For those looking to apply the hashtag to fresh stories, the Jaeger case had surfaced at the perfect time, and it caught fire. Before year\u2019s end, Cantlon and Jaeger\u2019s other accusers found themselves on a list with #MeToo notables, all named Time\u2019s Person of the Year and in the same breath people were now mentioning the names of Harvey Weinstein and Florian Jaeger > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 4/29 \u201cYou don\u2019t have to be Harvey Weinstein to have done something wrong that discriminates against women students at a school,\u201d Cantlon said. The wave crested and broke over Jaeger and by extension Kurumada. \u201cEverything was crumbling down,\u201d Kurumada said. \u201cMy research wasn\u2019t going well and we had to spend so much time and an emotional effort to deal with the situation.\u201d Despite this, Jaeger says he stuck by his marching orders from to remain silent. Weeks later, the White report dropped. That\u2019s when Seligman let loose on Cantlon, Aslin and their group. \u201c(They) have made it unequivocally clear that they\u2019re trying to extract from the university a huge financial settlement,\u201d Seligman said in 2018. That group did sue claiming the White report, which had been ordered and paid for by the university, was part of a larger effort of retaliation federal judge gave them a win when he declined to dismiss a number of claims like retaliation saying he saw enough to at least send the case to trial. And in March of 2020, right as the pandemic took hold, a settlement was reached and the nine who sued received $9.4 million did feel a sense of justice by the end, but it\u2019s not complete,\u201d Cantlon said. Cantlon felt forced to leave and Aslin had retired earlier than he had hoped. Jaeger stayed saying moving was impossible even if he wanted to. Though the department has calmed, Jaeger says he still struggles to find grant money and the case occasionally flares on campus, usually with a protest, but his office has also been vandalized with messages calling him a sexual predator and telling him to resign because he sexually assaulted women. something he was never accused of > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 5/29 When asked about the impact of this kind of fallout, Jaeger said mean have spent years thinking about this. It\u2019s with me almost every day. I\u2019d say the biggest challenge there was disentangling the made up, utterly false, outrageous stuff and still trying to say clearly I\u2019m not flawless. Clearly there is stuff I\u2019ve done that has upset people, so what are those things and how can disentangle the from the real stuff, the things I\u2019d like to address.\u201d Kurumada takes particular issue with the continued labeling of Jaeger as a sexual predator. \u201cPeople don\u2019t remember anything about actual allegations, anything that was actually found in an investigation, but the term sexual predator is the only thing that people remember now and people approach this topic now assuming there must be something to support this term, that warrants the use of this term,\u201d Kurumada said. As we found, this case remains filled with resentment, yes, but also, as Seligman displays in a recent interview, reflection wrote in the very last page of the book that the Desiderata is a favorite poem and it concludes with the line, \u2018With all its sham, drudgery and broken dreams, it is still a beautiful world.\u2019 And believe that,\u201d Seligman said. And despite the fallout, notably absent, at least for Aslin, is regret. \u201cThese cases never end well in the sense that everyone ends up being negatively affected by it, but want reiterate the fact that if we just look the other way, these cases will continue,\u201d Aslin said. The University of Rochester hopes they don\u2019t, especially within their community, which is why they\u2019ve updated their policies. UR\u2019s Interim Chief Diversity Officer, Adrienne Morgan, says they\u2019ve tightened up their faculty- student dating rules, increased the number of investigators ready to look into claims of misconduct and streamlined the complaint process. Much of that change, she says, is a direct result of the Jaeger case > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 6/29 \u201cWe\u2019ve learned a lot from that incident and took it very seriously and took a deep-dive examination of what the policy was then and how we need to revise it and strengthen it as we move forward,\u201d Morgan said. Morgan and seemingly everyone involved are now looking forward, beyond this hidden chapter and into a new one, tied to the past, but not bound by it. 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 / 20 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 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 7/29 Which earbuds are best for phone calls / 21 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. Best quiet box fan > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 8/29 / 21 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews Bicyclist dead after hit & run on Norton Street Police: Drunk driver slams into car, officers \u2026 Let the games begin! Special Olympics in > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 9/29 Top Stories Hamas frees all 6 hostages in the latest exchange Senators introduce Consumer Wheelchair Repair offers resolution on war in Ukraine that\u2019s \u2026 Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 New Director Kash Patel plans to move up to 1,500 \u2026 Trump-Putin summit preparations are underway, Russia \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Rich in cash, Japan automaker Toyota builds a city \u2026 More Stories Tributes continue across the state for Sam Nordquist National Engineers Week: An inside look at L3Harris > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 10/29 Hamas frees all 6 hostages in the latest exchange \u2026 International 7 mins ago Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 International 26 mins ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 11/29 Trump-Putin summit preparations are underway, Russia \u2026 International 1 hour ago Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 International 2 hours ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 12/29 mother and her young sons are among the remains \u2026 International 2 hours ago Pope Francis isn\u2019t out of danger but his condition \u2026 International 14 hours ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 13/29 Thousands rally in Slovakia to mark the 2018 slayings \u2026 International 19 hours ago An encroaching desert threatens to swallow Mauritania\u2019s \u2026 International 19 hours ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 14/29 Sinn F\u00e9in leaders won\u2019t attend St. Patrick\u2019s event \u2026 International 20 hours ago Rwanda expresses solidarity with military general \u2026 International 23 hours ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 15/29 Pakistan security forces kill 6 militants in a raid \u2026 International 1 day ago European troops support are part of an emerging \u2026 International 1 day ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 16/29 Trump\u2019s attempts to denigrate Zelenskyy have led \u2026 International 1 day ago China issued \u2018disconcerting\u2019 warning of live- fire \u2026 International 1 day ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 17/29 foreign secretary questions Russia\u2019s \u2018appetite\u2019 \u2026 International 1 day ago Ugandan opposition figure Kizza Besigye is charged \u2026 International 1 day ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 18/29 Facing pressure from Trump, Costa Rica and Honduras \u2026 International 1 day ago aid freeze puts HIV- positive orphans in Kenya \u2026 International 1 day ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 19/29 news conference between Zelenskyy and Trump\u2019s Ukraine \u2026 International 1 day ago Israel grieves as Hamas turns over the remains of \u2026 International 1 day ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 20/29 Guterres to propose assumes funding for mission \u2026 International 2 days ago Boat fleeing rebel offensive capsizes in Congo, killing \u2026 International 2 days ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 21/29 Lula says Bolsonaro\u2019s push for amnesty means he\u2019s \u2026 International 2 days ago Yoon appears in 2 different South Korean courts while \u2026 International 2 days ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 22/29 View All World News Ancient deity, pet and endangered species. Why is \u2026 International 2 days ago RochesterFirst Video > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 23/29 More Videos Current 20\u00b0 Partly Cloudy Tonight 21\u00b0 Cloudy Precip: 20% Tomorrow 32\u00b0 Snow Showers Precip: 30 Daily News Enter Your Email > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 24/29 1 Police: Drunk driver slams into car, officers \u2026 2 Bicyclist dead after hit & run on Norton Street 3 Divinity Estate served eviction notice 4 5 hospitalized after crash, vehicle fire 5 Rochester now in 2nd place in Golden Snowball contest 6 Henrietta home destroyed by large garage fire 7 Wait, it actually might stop snowing?!? 8 Former Penfield employee concerned over bus transportation > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 25/29 > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 26/29 Here are Amazon\u2019s #1 bestsellers this week Holiday 3 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 5 days ago The best Presidents Day deals on Amazon today Holiday 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 5 days ago The best Presidents Day deals to shop now Holiday 5 days ago > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 27/29 Home Rochester Weather Sports Schedule Contests Calendar Work For Us Meet The Team Contact Us Privacy Policy Report Public File Get News App Stay Connected View All BestReviews Picks > Next > Next story in > Next story in 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 28/29 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 2/22/25, 7:43 Hidden Chapter: The Florian Jaeger case and its aftermath 29/29", "8566_103.pdf": "settles federal sexual misconduct lawsuit for $9.4 million Published 12:00 p.m March 27, 2020 Updated 12:36 p.m March 27, 2020 \u2014 The University of Rochester has reached a $9.4 million settlement in federal court with the current and former faculty and students who accused the institution of discrimination and retaliation relating to allegations of sexual misconduct, the two parties announced Friday joint statement commends the plaintiffs, including Celeste Kidd, Jessica Cantlon and Richard Aslin, for \"bringing forward their concerns about sexual harassment\" and states that the \"university\u2019s leaders are committed to continuing to improve the institution\u2019s ability to prevent harassment.\" \"The impact of the plaintiffs\u2019 efforts has resulted in real improvement to the University processes and resource allocation for current and future prevention, investigation and remediation of situations reported to involve harassment and other forms of discrimination, as well as retaliation for reporting such matters,\" the statement reads in part. The settlement contains neither an admission of wrongdoing by the university nor a gag order for the plaintiffs spokeswoman Sara Miller said the university's insurance carrier would pay the full $9.4 million. Cantlon, now a faculty member at Carnegie Mellon University in Pittsburgh, said the two sides entered mediation last fall, shortly after a federal judge denied UR's request to have the lawsuit dismissed altogether. She said the women with allegations against T. Florian Jaeger and the university did not relish the idea of repeating their testimony yet again in court after already having done so many times. Justin Murphy Rochester Democrat and Chronicle 2/22/25, 7:44 Florian Jaeger: University of Rochester settles sexual misconduct lawsuit 1/3 \"It\u2019s already been four years since we initially complained internally at the UR, and that\u2019s exhausting and painful,\" Cantlon said. \"So looking at another four or five or 10 years wasn\u2019t interesting to us. \u2026 What we really wanted was for the university to recognize we had valid complaints and were doing a service to the university in bringing them forward.\" Reforms implemented team of plaintiffs from the school's Brain and Cognitive Sciences Department sued the university in federal court in December 2017, part of a lengthy public battle over the alleged misdeeds of Jaeger, a professor in the department, and the university's response to them. The case first came to light in a lengthy article in Mother Jones magazine in September 2017. Florian Jaeger accusers: 'We have audio recordings' The lawsuit did not name Jaeger as a defendant but rather accused senior administrators of covering up the complaints and then retaliating against the women and men who brought them forward. For its part, the university hired former U.S. Attorney Mary Jo White to investigate the situation. Her report mostly vindicated the university, and the plaintiffs immediately criticized it as a whitewash. On the same day White's report was released President Joel Seligman resigned, saying the school should have \"new leadership ... moving us forward in a spirit of cooperation and unity.\" Under the leadership of interim president Richard Feldman, the university created an Office of Equity and Inclusion; greatly increased its monitoring of discrimination claims; and updated its policy on discrimination and harassment. New president Sarah Mangelsdorf said upon her inauguration that continuing the same work was one of her top priorities. \"The last few years have been challenging for everyone at the university, and we now face significant additional challenges due to the COVID-19 pandemic,\" Miller, the spokeswoman, wrote in an email. \"We can now put this particular issue behind us, focus on our present concerns, and look ahead to the future.\" 2/22/25, 7:44 Florian Jaeger: University of Rochester settles sexual misconduct lawsuit 2/3 #MeToo icons The case transformed Kidd and Cantlon in particular from unknown junior faculty members to icons of the national #MeToo movement. They were part of a group named Persons of the Year for 2017 by Time magazine and have become vocal advocates against gender discrimination in academia lot of women who have taken steps similar to ours have been blacklisted or shunned or had their careers ended,\" Cantlon said. \"Knowing we complained at a time when people were receptive and willing to act on those concerns is definitely a silver lining portion of the $9.4 million will cover the plaintiffs' likely substantial legal fees. Another part will go toward women at who testified about discrimination or harassment but were not plaintiffs in the lawsuit, Cantlon said. All the plaintiffs in the lawsuit have left UR, either for retirement or to work at other universities. Jaeger remains and has returned to the classroom. While in the past he has gone by the name T. Florian Jaeger, his courses in the course catalog now appear under the name Tim Jaeger. Contact staff writer Justin Murphy at [email protected] or at 585-258-9886. This coverage is only possible with support from our readers. Sign up today for a digital subscription. 2/22/25, 7:44 Florian Jaeger: University of Rochester settles sexual misconduct lawsuit 3/3", "8566_104.pdf": "\ue908 \ue908 \ue908 University of Rochester president resigns as outside attorney issues report on sexual harassment case Joel Seligman made announcement before seeing sexual harassment report, university says 11 2018 report issued today addresses the sexual harassment allegations roiling the University of Rochester in New York Shortly before it became public today that the president of the University of Rochester of R) in New York will resign next month, an outside investigator hired by the school to examine its handling of sexual harassment allegations against linguistic researcher T. Florian Jaeger announced her conclusion that Jaeger did not violate university policies or sexually harass students and that accounts by his accusers are \"exaggerated and misleading in many respects.\" \"We \u2026 do not believe that any potential claimant or plaintiff would be able to sustain a legal claim for sexual harassment in violation of [federal law],\" read the report by investigators, led by Mary Jo White, a partner at the law firm Debevoise & Plimpton in New York City who is a former U.S. attorney and former chair of the Securities and Exchange Commission. \"Despite being labeled as a \u2018sexual predator' by his accusers, there have never been allegations of sexual assault, unwanted groping, any use of force, or exhibitionism outside of consensual relationships, and we have found no evidence of such behavior ever occurring,\" the report continues 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 1/6 In a statement, Jaeger apologized to his students and colleagues for the \"distress and disruption\" that his behavior and the resulting investigations caused, adding: \"This report does not exonerate me, but neither does it give merit to many of the worst accusations made against me. \u2026 It would have been vastly easier for the University to find against me, quelling the controversy this issue has caused, than it has been for it to repeatedly test the validity of these allegations appreciate their commitment to seeking out the truth The latest news, commentary, and research, free to your inbox daily Yet many of the complainants and their lawyer, Ann Olivarius, a senior partner at the law firm McAllister Olivarius in Maidenhead, U.K., challenged the new report vigorously at a late-afternoon press conference in Rochester. They noted, among other things, that the report repeatedly describes Jaeger's actions as \"inappropriate\" and \"offensive\" and that it conceded that because of this, some women \"actively avoided pursuing academic opportunities with Jaeger.\" \"Given the significant length of the [207-page] report, the board and university administrators will take additional time to carefully consider its findings and recommendations before determining what specific actions the University will take,\" the university said in a statement. Earlier in the day, before he learned the contents of the new report, according to of R, President Joel Seligman announced to the school's Board of Trustees that he will resign effective 28 February, after steering the institution for more than 12 years. The trustees issued their own statement today, writing: \"We Trustees express our heartfelt apology to anyone who was hurt by the actions of any university employee, or who felt intimidated, excluded, or harassed.\" White was hired by a special committee constituted in September 2017 by the university's Board of Trustees to investigate the original complaints made to the university in 2013 and 2016 and with the Equal Employment Opportunity Commission (EEOC) in August 2017 against Jaeger, how the university investigated them, and whether complainants experienced retribution from university officials. In December 2017, eight current or former professors and a former graduate student in the university's widely respected Department of Brain and Cognitive Sciences (BCS), where Jaeger is a tenured professor, sued the university, Seligman, and Provost Robert Clark alleging retaliation, defamation, and (in two cases) breach of contract after they criticized the university's investigations of Jaeger in 2013 and 2016. \"Zero tolerance should go hand in hand with two other things: due process and proportionality,\" White said at a press conference this afternoon, after the report was made public. White and her team's report also found no evidence that the university retaliated against the complainants. \"Many of the statements and actions taken by the university were in our view not taken to retaliate \u2026 but rather as [a] good faith effort to lessen the divisiveness within BCS,\" White said. \"We think that the university acted in good faith \u2026 and that the steps it took to navigate an unusually difficult situation were reasonable.\" White stressed that her report evaluated sexual harassment through a legal lens. The fact that she did not find it occurred in Jaeger's case \"is a legal conclusion, not a moral or social judgment,\" she said. White's team interviewed more than 140 witnesses; reviewed more than 6000 documents, including emails; and analyzed the university's policies, procedures, and processes dealing with intimate relationships and sexual harassment against 18 peer institutions. Interviewees included 64 past and present students and postdocs at the university. But the complainants declined to cooperate with her investigation, challenging her impartiality given that the university hired her. (Her firm is being paid $4.5 million for its 3.5 months of work producing the report.) White, however, said the lawsuit and complaints filed with the university and EEOC, along with her interviews of other witnesses, provided enough information to render her judgment. \"The thrust of their report is that many bad things happened at of R] \u2026 but no legal liability attaches to the university,\" Olivarius responded. \"In fact, there is substantial case law the report ignores that strongly supports the idea that the university is absolutely liable for the hostile environment created by Jaeger's actions \ue908 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 2/6 The report \"admits he sent pictures of his penis to a student and a former student \u2026 that he blurred professional boundaries with sexual banter. \u2026 The report describes Florian Jaeger as the predator know him to be,\" said Celeste Kidd, an assistant professor in the department and one of the complainants. The accusers also challenged White's conclusions that they were not retaliated against by the university. \"They attacked our privacy. They attacked our reputations. They attacked [us] to the point that our colleagues [were no longer willing to work with us],\" said Jessica Cantlon, an associate professor who is in the process of leaving the department for a post at Carnegie Mellon University in Pittsburgh, Pennsylvania. \"They came after us and they're coming after us now by paying $4.5 million to a legal defense firm.\" White's team also found that a 2017 policy adopted by of is stricter than at many other institutions, as it prohibits any intimate relationships between faculty members and undergraduates; among the peer institutions, Stanford University in Palo Alto, California, was one of the few with a stricter policy, White said, prohibiting faculty from having intimate relationships with graduate students in the same program, department or division. Update, 12 January, 9:30 a.m statement from Jaeger was added to the story Correction/Update, 11 January, 6:40 p.m.: This story has been updated with responses from the complainants. An earlier version of this article stated that of R's policy on intimate relationships between faculty and students is as strict as Stanford's. In fact, Stanford's is stricter.\u200b doi: 10.1126/science.aas9800 Meredith Wadman \ue95a\ue91d Author Meredith Wadman has been a staff writer in Science\u2019s Washington, D.C., bureau since 2016 U.S. early-career researchers struggling amid chaos 21 2025 Modest telescope with big plans, SPHEREx will probe cosmic \u2018inflation\u2019 after Big Bang 21 2025 Judge says ban on cut to overhead payments stands\u2014for the moment 21 2025 Got a tip for Science's news department \ue908 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 3/6 Sign up for ScienceAdviser Get Science\u2019s award-winning newsletter with the latest news, commentary, and research, free to your inbox daily U.S. early-career researchers struggling amid chaos 21 2025 Judge says ban on cut to overhead payments stands\u2014for the moment 21 2025 Trump Tracker: Firings, lawsuits, and U.S. science in chaos 21 2025 \u2018Death by ax.\u2019 Fate of millions of research animals at stake in payments lawsuit 21 2025 Popular weight loss drug could stifle alcohol abuse 13 2025 Science explains why you feel better in the morning 7 2025 Scientists uncover mechanism behind \u2018vicious itch-scratch cycle\u2019 31 2025 Asteroid may collide with Earth in 7 years, though impact risk low 30 2025 \ue908 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 4/6 \u25b6 Rutgers Brain Health Institute Postdoc Recruitment Event Brain Health Institute at Rutgers University New Brunswick, Piscataway, and Newark. New Jersey (US) Associate or Full Professor Neuroimager Faculty Position Northwestern University Illinois Chair, Department of Neuroscience University of Pennsylvania Philadelphia Rochester roiled by fallout from sexual harassment case 2018 House science committee investigating sexual harassment allegations against Boston University geologist 26 2017 Geophysics society hopes to define sexual harassment as scientific misconduct 7 2017 Leading Salk scientist resigns after allegations of harassment 11 2018 12 2024 Bright breakthroughs: Real stories of beating rare disease 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 5/6 All News ScienceInsider News Features Subscribe to News from Science News from Science About News from Science Donate to News Careers Articles Find Jobs Employer Hubs Opinion Analysis Blogs Science Science Advances Science Immunology Science Robotics Science Signaling Science Translational Medicine Science Partner Journals Information for Authors Information for Reviewers Manage Your Institutional Subscription Library Admin Portal Request a Quote Librarian FAQs Advertising Kits Custom Publishing Info Post a Job AAAS.org Communities EurekAlert! Science in the Classroom Leadership Work at Prizes and Awards FAQs Access and Subscriptions Order a Single Issue Reprints and Permissions Alerts and Feeds Contact Us \u00a9 2025 American Association for the Advancement of Science. All rights reserved is a partner of HINARI, AGORA, OARE, CHORUS, CLOCKSS, CrossRef and COUNTER. Terms of Service \| Privacy Policy \| Accessibility 2/22/25, 7:44 University of Rochester president resigns as outside attorney issues report on sexual harassment case \| Science 6/6", "8566_105.pdf": "News Published: 21 September 2017 Scientists' sexual-harassment case sparks protests at University of Rochester Alexandra Witze Nature 549, 315\u2013316 (2017) 844 Accesses 110 Altmetric Metrics Researchers who worked with Florian Jaeger have filed a complaint with the government after the university cleared his name. nature news article Download This article has been updated 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 1/12 The University of Rochester says it will examine claims that it retaliated against people who reported allegations of harassment. Credit: Adam Fenster sexual-harassment case in the sciences is rocking the University of Rochester in New York, prompting campus protests over the university's handling of allegations against linguist Florian Jaeger. Seven current and former faculty members of the brain and cognitive sciences department, along with a former graduate student, have filed complaints against the university with the government. They allege that Jaeger, a full professor in the department, sexually harassed graduate students and postdocs and created a hostile work environment. They also allege that the university, which last year investigated the matter and twice cleared Jaeger of wrongdoing, retaliated against the faculty members who lodged the complaint. The reports involve at least 11 women who interacted with Jaeger at various points since he arrived in Rochester in 2007. Among other things, the complaints allege sexual encounters with graduate students, parties with students involving illegal drugs, and remarks Jaeger made about the sexual attractiveness of students in front of other faculty members. Jaeger is also accused of pressuring a female student into sharing a house with him and professionally isolating students who would not sleep with him. 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 2/12 More universities must confront sexual harassment Since the details became public in an 8 September news article in Mother Jones, University of Rochester administrators have faced protests from students and others on campus. In response, its president, Joel Seligman, has said the university would hire an independent investigator to review claims of retaliation and new allegations in the complaints that were not reviewed earlier by the university. The university will also ask an independent evaluator to review its procedures for dealing with claims of harassment and discrimination, and set up a commission to explore issues of women and gender in academia. Jaeger will remain off-campus for the rest of the current semester. He declined an interview request from Nature. \u201cThis is a very extraordinary case,\u201d says Ann Olivarius, a senior partner at the McAllister Olivarius law firm in London who is licensed to practice law in multiple states and is co-leading the legal case against the university. (Olivarius was one of the plaintiffs in the lawsuit that established in 1980 that sexual harassment at a university constituted illegal discrimination.) \u201cIt\u2019s the first time in all the decades that I\u2019ve worked in this area,\u201d she says, \u201cthat senior faculty combined with junior faculty to make a stand and say, \u2018This behaviour is unacceptable and we need to do something about it'.\u201d 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 3/12 How should science funders deal with sexual harassers? The group filed its eight identical complaints \u2014 one per complainant \u2014 with the Equal Employment Opportunity Commission (EEOC) beginning on 30 August. The commission is responsible for enforcing federal laws that make it illegal to discriminate against an employee because of their gender, among other factors. Richard Aslin, a developmental psychologist and member of the National Academy of Sciences, resigned from the university in December in protest over its handling of the Jaeger investigation. He had worked at the university for more than three decades, including stints as a dean and as a vice-provost. Six of the seven other co-authors of the complaint have also left, or plan to leave, the university \u2014 most for reasons directly related to the incident. Controversy on campus In a 10 September statement, Seligman wrote that the core allegations \u201cwere investigated, appealed and found to be unsubstantiated\u201d. And in an e-mail to department members on 9 September, department chair Greg DeAngelis wrote want to assure you that [department] faculty and staff care deeply about the safety, security, 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 4/12 and well-being of our students and the importance of a welcoming and safe workplace.\u201d (DeAngelis did not respond to Nature's request for comment on the matter.) But the university response did not go over well with many students, some of whom set up a Facebook page to protest the administration's handling of the case. On 12 September hundreds of them met for a heated three-hour town hall with Seligman; the following day, hundreds more turned out to protest in front of the university library. The protesters had been planning to turn out at Jaeger's undergraduate linguistics class, but another instructor has taken over that class for the rest of the semester. In a 12 September e-mail to students in that class, Jaeger wrote am incredibly sorry for the emotional turmoil you must be experiencing will likely respond in more in depth to the allegations against me,\u201d but \u201cit will take time to reply in a way that does not unwittingly cause harm to witnesses.\u201d Protesters attended a three-hour town hall with University of Rochester president Joel Seligman on 12 September. Credit: Yiyun Huang/Campus Times 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 5/12 Jaeger works on developing computational frameworks for language production and understanding, including how noise affects communication. He has won a number of prestigious fellowships and this summer co-directed a summer institute in cognitive neuroscience in Santa Barbara, California, that was sponsored by the Kavli Foundation of Los Angeles, California, and the government. On 9 September, Jaeger had been scheduled to give the closing keynote address at the Architectures and Mechanisms of Language Processing conference at Lancaster University, UK. After the Mother Jones story appeared on 8 September, he and the conference organisers mutually agreed to cancel the talk, according to a university spokeswoman. Jaeger\u2019s behaviour came under scrutiny in early 2016, when he allegedly said at several faculty meetings that he saw no problem with faculty members dating students. Aslin and other faculty members began discussing the subject and discovered what they say is a string of sexual predations by Jaeger over the years. \u201cWe had all these concrete examples of something that we knew was wrong,\u201d says Jessica Cantlon, an associate professor in the department. Sexual harassment must not be 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 6/12 kept under wraps She and Aslin led the formal complaint to the university on behalf of students, arguing that Jaeger had violated its policy against discrimination and harassment. The university investigated and concluded \u2014 initially, and then again after an appeal \u2014 that Jaeger had not violated any university policies. That included its policy on intimate relationships, which forbids such relationships between faculty members and any member of the university community over whom they exercise academic authority. While the university's investigation was underway, Jaeger was granted a full professorship. Two investigations The complainants say that the investigation did not gather enough information to accurately assess whether Jaeger violated university policies or not. \u201cThey must have a really peculiar definition of what sexual misconduct is, and one that doesn\u2019t align with the rest of the world,\u201d Cantlon says. The 11 women from whom the group gathered witness statements describe Jaeger \u2014 among other things \u2014 allegedly sending photographs of his genitalia, describing how a student should walk in front of him while reading manuscripts to him as he sat on a couch, and having loud sex with students within earshot of other students. \u201cThe problem isn\u2019t being sexual \u2014 the problem is doing that across boundaries that involve power and authority over people,\u201d says Elissa Newport, a cognitive psychologist at Georgetown University in Washington DC. As head of the University of Rochester brain and cognitive sciences department from 1998 to 2010, she hired Jaeger there; she 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 7/12 is now among the complainants. \u201cIt\u2019s important for faculty members to understand that these are students in your charge, and you don\u2019t take advantage of that.\u201d After the initial investigation found that Jaeger had not violated any university policies, one of the complainants filed a separate complaint alleging that Jaeger had engaged in retaliatory behaviour against her. The university commissioned an external investigator, who found no evidence of retaliation. Social behaviour: Indecent advances In the filings, the wider group of eight complainants now also alleges additional instances of retaliation. In one instance the department chair allegedly disparaged them in front of the entire department faculty; in another, provost Robert Clark sent a memo to the department\u2019s faculty criticizing what he called \u201crumors\u201d and \u201cmisinformation\u201d about the investigation. \u201cThe University considers the matter closed,\u201d he wrote affirm that Dr. Jaeger is a valued member of our faculty.\u201d The university will now look into these new allegations of retaliation think it shows that the original investigation was flawed,\u201d Cantlon says. \u201cLike the students said in the town hall, the university\u2019s claims and actions don\u2019t pass the smell test.\u201d (Sara Miller, a 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 8/12 spokeswoman for the university, says that \u201cwe do not believe the original investigation was flawed\u201d.) Students speak at a protest at the University of Rochester on 13 September. Credit: Justin Trombly/Campus Times The complainants allege that Rochester administrators searched their university e-mails without their knowledge, a step that Cantlon says was the last straw for her. Like the other complainants who are still on the department\u2019s faculty, she is looking for a new job was on a particular trajectory in my career that\u2019s been disrupted,\u201d she says. \u201cNow I\u2019ll move my whole laboratory, and go and try to start somewhere else.\u201d Looking ahead Erika Mar\u00edn-Spiotta, a biogeochemist at the University of Wisconsin\u2013Madison, says that sexual harassment can derail or even end the careers of many scientists. She is leading a US$1.1-million initiative funded by the National Science Foundation to develop strategies to help scientists respond to and prevent sexual harassment on campus and in 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 9/12 the field. \u201cWe so often hear that people don\u2019t know how to respond in these instances,\u201d Mar\u00edn-Spiotta says. She hopes her group can roll out tools in the next few years to help faculty members better intervene in incidents of sexual harassment involving graduate students in their departments. The Rochester case, she notes, is rare in having so many faculty members unite and come forward on behalf of their younger colleagues. The will now investigate the complaint \u2014 including a response yet to be filed by university administrators \u2014 and determine whether discrimination occurred. If the commission does find evidence of discrimination, it could attempt to broker a settlement with the university or pursue a legal remedy. In the meantime, Rochester is left to deal with a department in turmoil. Newport says that she and the other complainants see larger principles at stake. \u201cThe main reason we decided to go public is because we wanted the university\u2019s processes to be reformed,\u201d she says. \u201cIt wasn\u2019t meant to be about Florian \u2014 it\u2019s meant to be about harassment and retaliation.\u201d Change history 15 September 2017 This story originally stated that after the initial investigation into Jaeger, the eight complainants filed a second complaint containing allegations that they said showed the university had retaliated against them. In fact, the complaint filed at that time came from just one of the complainants and did not contain such allegations. These allegations surfaced later in complaints the group of eight filed with the Equal Employment Opportunity Commission. 05 October 2017 An earlier version of this story misstated one of the allegations against Florian Jaeger. None of the complaints filed with the Equal Employment Opportunity Commission alleged parties with students that involved sex. 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 10/12 Related links Related links in Nature Research More universities must confront sexual harassment 2017-Jul-26 How should science funders deal with sexual harassers? 2016-Feb-08 Change the system to halt harassment 2016-Feb-08 Harassment victims deserve better 2016-Jan-20 Sexual harassment must not be kept under wraps 2016-Jan-20 Astronomy roiled again by sexual-harassment allegations 2016-Jan-12 Berkeley releases report on astronomer sexual-harassment case 2015-Dec-19 Related external links Rights and permissions Reprints and permissions About this article Cite this article Witze, A. Scientists' sexual-harassment case sparks protests at University of Rochester. Nature 549, 315\u2013316 (2017). 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 11/12 Published 21 September 2017 Issue Date 21 September 2017 Share this article Anyone you share the following link with will be able to read this content: Get shareable link Provided by the Springer Nature SharedIt content-sharing initiative Subjects Institutions \u2022 Lab life \u2022 Law Nature (Nature 1476-4687 (online 0028-0836 (print) 2/22/25, 7:44 Scientists' sexual-harassment case sparks protests at University of Rochester \| Nature and Aslin led the,not violated any university policies. 12/12", "8566_106.pdf": "\ue908 \ue908 \ue908 $9.4 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million Accusers alleged retaliation by university in case of linguist Florian Jaeger 27 2020 The University of Rochester has agreed to pay $9.4 million to nine plaintiffs in a sexual harassment and retaliation lawsuit The University of Rochester of R) is paying $9.4 million to settle a high-profile sexual harassment lawsuit that divided an esteemed department, landed two of the plaintiffs on the cover of Time magazine, and was closely watched by other institutions of higher education. The plaintiffs announced the settlement today as they issued a joint statement with the university. The lawsuit, filed in December 2017 by nine now-former professors and students in of R's Department of Brain and Cognitive Sciences, alleged that the university retaliated against and defamed them after they alleged sexual harassment by linguist Florian Jaeger. Three plaintiffs also alleged that Jaeger created a sexually hostile environment. (The university has never found Jaeger guilty of sexual harassment.) The settlement comes 7 months after the federal judge in the case upheld the legal validity, in whole or in part, of 16 of the plaintiffs' 17 claims in the lawsuit, clearing the way for a court battle where they would have had to prove the claims were factually accurate. The university had moved to dismiss all the claims 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 1/6 Get more great content like this delivered right to you! \"We consider it a major victory for all of the faculty and students who were harassed,\" says plaintiff and developmental neuroscientist Jessica Cantlon of Carnegie Mellon University. \"It's a significant settlement think it's going to have a really powerful impact on how seriously universities take women who come forward with complaints of sexual harassment. This is something that universities will notice.\" The plaintiffs' chief lawyer, Ann Olivarius of McAllister Olivarius, said: \"It is very unusual for senior professors to band together with junior faculty and students, as happened in this case, to try to protect students from harassment. \u2026 We commend for improving its policies and turning the page on this very long struggle.\" In a joint statement issued by the university and the plaintiffs today of thanked the plaintiffs \"for bringing forward their concerns about sexual harassment\" and added: \"The impact of the plaintiffs' efforts has resulted in real improvement to the University processes. \u2026 Even the laws of New York have been positively impacted by the plaintiffs' efforts.\" (In August 2019, driven in part by the of case, New York state enacted sweeping changes to its sexual harassment laws.) \"We are pleased to have achieved a successful mediated resolution to this matter,\" the university said in a separate statement. \"The willingness of our insurance carrier to pay the entire settlement amount was a factor in our decision. No party to the settlement admitted liability or fault. Since the claims were filed, the University has taken a number of important steps, including establishing an Office of Equity and Inclusion, strengthening policies, clarifying processes, and expanding training and resources to prevent and address sexual misconduct.\" Jaeger's attorney, Steven Modica of the Modica Law Firm, said in a statement that Jaeger \"is very disappointed\" that the plaintiffs' claims won't be challenged in court. \"He believes sincerely that, had these claims been tested, the Court would have reached the same conclusion that Mary Jo White and her team reached after their extensive and independent investigation, that is: \u2018In sum, we find that the evidence does not support a conclusion that any Complainant or other student or employee has been subjected to unlawful sexual harassment as a result of Jaeger's conduct.'\" The university in 2017 hired the law firm Debevoise & Plimpton to conduct an investigation led by partner Mary Jo White for which it paid $4.5 million. White's report concluded \"We \u2026 do not believe that any potential claimant or plaintiff would be able to sustain a legal claim for sexual harassment in violation of [federal law].\" Asked what drove the large cash settlement, Cantlon said lot of people who were affected by this were pushed out of jobs and lives that they loved and had to start over. That was the basis of our argument\u2014the scope and scale of the impact that the sexual harassment and retaliation had on the plaintiffs.\" The plaintiffs, who are male and female and whose ages span decades, plan to offer a portion of the settlement money to some 20 women whose careers, they say, were hurt by a hostile environment to women in the Department of Brain and Cognitive Sciences. The settlement marks the end of a tumultuous episode that also drove of R's then-president, Joel Seligman, from office. It is not the largest paid by a university since the rise of the #MeToo movement in 2017. In August 2019 Dartmouth College paid $14.4 million to nine women who said they were raped, sexually assaulted, or harassed by three professors in its Department of Psychological and Brain Sciences doi: 10.1126/science.abb9322 \ue908 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 2/6 Meredith Wadman \ue95a\ue91d Author Meredith Wadman has been a staff writer in Science\u2019s Washington, D.C., bureau since 2016 U.S. early-career researchers struggling amid chaos 21 2025 Modest telescope with big plans, SPHEREx will probe cosmic \u2018inflation\u2019 after Big Bang 21 2025 Judge says ban on cut to overhead payments stands\u2014for the moment 21 2025 Got a tip for Science's news department? CONNECT\ue908 Sign up for ScienceAdviser Get Science\u2019s award-winning newsletter with the latest news, commentary, and research, free to your inbox daily U.S. early-career researchers struggling amid chaos 21 2025 Judge says ban on cut to overhead payments stands\u2014for the moment 21 2025 Trump Tracker: Firings, lawsuits, and U.S. science in chaos 21 2025 \ue908 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 3/6 \u2018Death by ax.\u2019 Fate of millions of research animals at stake in payments lawsuit 21 2025 Popular weight loss drug could stifle alcohol abuse 13 2025 Science explains why you feel better in the morning 7 2025 Scientists uncover mechanism behind \u2018vicious itch-scratch cycle\u2019 31 2025 Asteroid may collide with Earth in 7 years, though impact risk low 30 2025 Rochester roiled by fallout from sexual harassment case 2018 University of Rochester president resigns as outside attorney issues report on sexual harassment case 11 2018 Retracted Papers Spur Million-Dollar Lawsuit 2005 Duke University settles research misconduct lawsuit for $112.5 million 25 2019 12 2024 Bright breakthroughs: Real stories of beating rare disease \ue908 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 4/6 \u25b6 Research Scientist - non lab position University of Texas Anderson Cancer Center Houston, Texas Assistant Professor, Clinical Faculty Appointment (CFA) - Pediatrics - Patient Care University of Texas Anderson Cancer Center Houston, Texas Assistant Professor (Tenure-Track) University of South Carolina, College of Pharmacy, Department of Drug Discovery and Biomedical Sciences Columbia, South Carolina All News ScienceInsider News Features Subscribe to News from Science News from Science About News from Science Donate to News Careers Articles Find Jobs Employer Hubs Opinion Analysis Blogs Science Science Advances Science Immunology Science Robotics Science Signaling Science Translational Medicine Science Partner Journals Information for Authors Information for Reviewers Manage Your Institutional Subscription Library Admin Portal Request a Quote Librarian FAQs Advertising Kits Custom Publishing Info Post a Job AAAS.org Communities EurekAlert! Science in the Classroom 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 5/6 Leadership Work at Prizes and Awards FAQs Access and Subscriptions Order a Single Issue Reprints and Permissions Alerts and Feeds Contact Us \u00a9 2025 American Association for the Advancement of Science. All rights reserved is a partner of HINARI, AGORA, OARE, CHORUS, CLOCKSS, CrossRef and COUNTER. Terms of Service \| Privacy Policy \| Accessibility 2/22/25, 7:44 University of Rochester and plaintiffs settle sexual harassment lawsuit for $9.4 million \| Science 6/6", "8566_107.pdf": "The Jaeger case: Beyond the headlines On August 30th 2017, one former and seven then-current members of the Brain and Cognitive Science department (BCS) at the University of Rochester filed a complaint with the Equal Employment Opportunity Commission (EEOC) against a professor Florian Jaeger. Three separate investigations have cleared Jaeger, the department, and the University of wrongdoing. Major misconceptions still persist, and continue to inflict harm on the students, faculty, and staff in our department and University. This website compares some of the core allegations put forward in the complaint and findings of the independent investigation to lay the foundations of future discussions. About Allegations & Findings Timeline 2/22/25, 7:44 The Jaeger Case: Beyond the headlines 1/3 About The University of Rochester community has been torn apart by allegations against Professor Florian Jaeger, brought by eight former members of the Brain and Cognitive Sciences (BCS) Department. In August 2017, Jaeger\u2019s accusers filed a complaint with the Equal Employment Opportunity Commission (EEOC), claiming that Jaeger had sexually harassed students and created a hostile work environment for women, and that the Department and University had retaliated against them for raising these concerns. Three investigations consistently concluded that the allegations against Jaeger are largely false: he violated no University policy or law; all of his relationships were consensual and none were with his own students; and no one alleged sexual pressure or coercion. Likewise, there was no evidence of any form of retaliation against the complainants by Jaeger or members of the University administration. Investigations have shown that the complaints were largely based on rumor and were filled with misleading, distorted and outright false information. Jaeger\u2019s accusers have weaponized their complaint as well as social media to push a sensationalized narrative. While casting themselves as champions of women in science, they have demeaned and damaged the careers of many female scientists and students, actively worked to drive students away from as well as the University, and violated the privacy of numerous people, mostly female junior scientists. They later filed a federal civil suit against the University, seeking millions in damages. They have accused the former president and the provost of sexual misconduct for being in long-term romantic relationships with employees of the University and in the process have denied the agency and impugned the character of their adult female partners. The facts of this case will emerge as that lawsuit proceeds, but in the meantime lives and careers are being destroyed. The creators of this website are members of the University of Rochester community. Some, but not all of us belong to the department. We offer this website as an effort to bring balance to this case. As scientists we are trained to take stock of our assumptions and biases and scrutinize evidence before reaching conclusions. We are trained to amend our conclusions in light of new evidence. We only ask Statements Resources 2/22/25, 7:44 The Jaeger Case: Beyond the headlines 2/3 those already invested in the Rochester community and this case to not consider it a forgone conclusion. We are not lawyers and are sharing only publicly available information. If you detect inaccuracies, please let us know so we can correct them. If you have questions or would like to add your statement, send us an email at [email protected]. 2/22/25, 7:44 The Jaeger Case: Beyond the headlines 3/3"}
7,359	Charles Johnston	Harper College	[ "7359_101.pdf", "7359_102.pdf", "7359_103.pdf", "7359_104.pdf", "7359_105.pdf", "7359_106.pdf", "7359_101.pdf", "7359_102.pdf", "7359_103.pdf", "7359_104.pdf", "7359_105.pdf", "7359_106.pdf" ]	{"7359_101.pdf": "Former Harper College professor gets 25 years in Iowa highway shootings Tuesday, June 11, 2019 TIPTON, Iowa 61-year-old Illinois man has been given 25 years in an Iowa prison for shooting at vehicles along Interstate 80 in eastern Iowa. Cedar County District Court records say Charles Johnston, of Belvidere, Illinois, was sentenced Friday in Tipton. He'd pleaded guilty to assault on an officer and four counts of intimidation with a dangerous weapon. Prosecutors dropped charges of operating while intoxicated and attempted murder in return for his pleas 61-year-old Illinois man has been given 25 years in an Iowa prison for shooting at vehicles along Interstate 80 in eastern Iowa. 24/7 Live 46\u00b0 Authorities say Johnston fired several shots on Jan. 11, 2018, at a rest area and at a semitrailer at a gas station and then at an Iowa state trooper court document says Johnston had become obsessed over a family supposedly killed in a collision with a semi and that he wanted to retaliate against a truck driver or truck drivers. Johnston had been teaching psychology at Harper College in Palatine, Illinois. Report a correction or typo Copyright \u00a9 2025 by The Associated Press. All Rights Reserved. Related Topics Topics Home Weather Traffic Watch Photos Apps Regions Chicago & Suburban Cook Co. North Suburbs West Suburbs South Suburbs Privacy Policy Do Not Sell or Share My Personal Information Children's Privacy Policy Your State Privacy Rights Terms of Use Interest-Based Ads Public Inspection File Applications Copyright \u00a9 2025 ABC, Inc Chicago. All Rights Reserved Indiana More Content Local News U.S. & World I-Team Politics Entertainment Consumer & Business Company About ABC7 Chicago ABC7 Newsteam Bios Community Journalism Listings ABC7 Jobs - Internships Contests, Promotions & Rules Community", "7359_102.pdf": "Harper College Psych Professor Accused Of I-80 Shooting Spree January 19, 2018 / 4:33 Chicago Newsradio) -- Iowa investigators say a Harper College professor shot at state troopers and motorists along I-80, and they say they're not sure why. WBBM's Jim Gudas reports. It happened on Jan. 11. Harper College Associate Psychology Professor Charles Johnston drove from his home in Belvidere along I-80 to Cedar County, Iowa, according to Special Agent Ryan Herman of the Iowa Department of Public Safety. Herman says Johnston had an encounter with a truck driver, shot at people at a gas station and then exchanged fire with state troopers who finally arrested him \| News Weather Sports Video 46\u00b0 Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. No one was hurt. \"It was remarkable no one was injured \u2013 including Mr. Johnston,\" Agent Herman says. Johnston is charged with attempted murder and assault of a police officer with a dangerous weapon. Herman says it's unclear to investigators what the motive for the shooting spree might have been. Ring Battery Doorbell Venetian\u2026 $14998 Never miss a visitor, or a package. Add to cart More from News Pedestrian killed in multi-car crash outside Chicago Midway Airport Pair jumps from window to escape home invasion, shooting in South Chicago ea Skip Ad Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. \u00a9 2018 Broadcasting Inc. All Rights Reserved. Featured Local Savings Teen charged, victim identified in deadly shooting in East Chicago Elderly woman killed, 4 injured in suburban crash amid \"whiteout conditions\" Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. FreshCo Valid Mar 13 - Mar 19 2 Days Left Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Watch News Honeywell InSight Portabl\u2026 $9999 Cleaner, Fresher Air With Honeywell Add to cart Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. \u00a92025 Broadcasting Inc. All Rights Reserved. Terms of Use Privacy Policy Cookie Details 2 Contests & Promotions Program Guide Sitemap About Us See More Health Domain \| Sponsored LeafFilter Partner \| Sponsored Breakthrough \"Arthritis Gummy\" Takes Canada By Storm Here\u2019s What a 6-Hours Gutter Upgrade Should Cost You Family says suburban Chicago man was arrested by on hastily produced\u2026 Family says suburban Chicago man was arrested by despite no criminal record 50+ People Protection \| Sponsored Canadians Under 80 With No Life Insurance Should Claim This Benefit in March Many Canadians could qualify for this, but very few even know about it. Here is how you do it... Read Now Watch News Be the first to know Get browser notifications for breaking news, live events, and exclusive reporting. Advertise Television Jobs Public File for / CBS2 Public Inspection File Help Applications Report Watch News", "7359_103.pdf": "Illinois college fires professor charged in Iowa shootings Associated Press Published 11:14 a.m Jan. 24, 2018 PALATINE, Ill. \u2014 Harper College in suburban Chicago has fired a professor charged in Iowa with shooting at vehicles earlier this month. The Arlington Heights Daily Herald reports the Palatine community college's board of trustees voted Tuesday to fire Charles Johnston, who was an associate professor of psychology. Johnston had been barred from campus after his arrest. RELATED: Suspect charged after exchanging gunfire with police near I-80 in eastern Iowa Illinois man charged with attempted murder in I-80 gunfight with Iowa State Patrol DCI: Professor shot at drivers, cop on I-80 over fatal crash that didn't happen The Iowa Department of Public Safety says the 60-year-old from Belvidere is charged with attempted murder and assault on a peace officer with a dangerous weapon after the Jan. 11 incident between Iowa City and the Quad Cities near Interstate 80. According to a recent court filing Johnston told officers he targeted truck drivers because he was angry over a fatal truck crash. Johnston was arrested after an exchange of gunfire with troopers. He's held in the Cedar County jail on $1 million bail.", "7359_104.pdf": "College Professor Arrested After Shooting at Police on Iowa Highway Jasmina Cuevas Contributing Writer Jan 23, 2018 1:30 Charles Johnston, a longtime Harper College psychology professor, has been arrested on attempted murder charges. On January 11th, Johnston\u2014whom is 60 years old\u2014 fired shots along Interstate 80 west of the Quad Cities in Iowa. He also fired five shots at motorists at a Cedar County gas station. Iowa state police responded to a 911 call detailing shots were being fired at a rest stop near Atalissa, Iowa. When the police responded to the area, Johnston engaged in a shootout with state troopers and police officers. Trending Now Stevie on His Music Producing Career Slowing Down, Hanging with the Wrong People By VladTV Staff Writer 2 Days Ago Aries Spears: There Are No Black Bob Dylan Fans! By VladTV Staff Writer 1 Day Ago \ue805 Luckily, nobody was injured during the shootings and the police were able to arrest him. Johnston remains in custody after his bond was set at $1 million. The Chicago Tribune tried reaching Johnston\u2019s relatives and neighbors but they could not be reached. Kimberly Pohl, a Harper College spokeswoman, informed the Tribune via email that Johnston had been an associate professor in the psychology department since 1996. But he had recently been absent without approved leave from the college. The Harper site listed Johnston as the professor for the introduction to psychology, introduction to research, and theories of personality courses during the fall 2017 semester. He was not listed as a professor for the 2018 spring semester. Source: chicagotribune.com Trending Stories This Week 50 Cent Expresses Sadness for Last Season of \"BMF,\" Calls Big Meech a \"Rat\" Gelo Responds to Miss Nikki, Says He Paid His Way When They Were Together 50 Cent Addresses Rumors That He's \"Spinning the Block\" on Vivica A. Fox Casanova 2X Shares Message from Prison Lost Everything, But Didn't Lose Myself\" Lil Tjay Continues to Call Out Offset Over Alleged Unpaid $10,000 Loan Exclusive Stevie on Leaving Bad Boy: Diddy Made Lots of Empty Promises Keke Palmer Asks Claressa Shields: When Are You Gonna Knock Out Remy Ma? Le'Veon Bell Responds to Abuse Allegations as Cousin Wins $25M Judgment Oschino Paid Lawyer $35K to Make My Robbery Case Go Away Even After Was\u2026 By VladTV Staff Writer 1 Day Ago Boosie on Lucci Out of Prison After Refusing to Snitch Against Young Thug By VladTV Staff Writer 1 Day Ago Tony Yayo on Inheriting 50 Cent's Beef Know Opps will Try Me Because They're Mad at Him By VladTV Staff Writer 2 Days Ago Stevie on How the Sex Tape with Eve Leaked By VladTV Staff Writer 1 Day Ago Vlad Opens Up About Why He Pays Artists Like Boosie for Interviews By Jessica 1 Day Ago \ue801 Cam'ron Addresses Rumors About Past Relationship with Mariah Carey Exclusive Ex-Army Ranger Nicholas Irving on Why China Would \"Crush\" the U.S. in a War Frank Gioia Jr. Explains What He Had to Do to Become Made Man in the Lucchese Crime\u2026 By VladTV Staff Writer 1 Day Ago \ue801", "7359_105.pdf": "Charles Johnston Harper College Professor Charged with Attempted Murder After Firing Shots on Interstate 80 in Iowa longtime Harper College psychology professor, now barred from campus after an arrest on January 11, 2018, faces charges of attempted murder. Charles Johnston, age 60, allegedly fired shots along Interstate 80 west of the Quad Cities in Iowa before engaging in a shootout with police. Police said Johnston is also accused of firing five more rounds at motorists at a gas station in Cedar County after leaving the rest area and driving west. Johnston then pulled off at another exit along Interstate 80. Iowa State Patrol said Friday that Charles Johnston, 60, a Belvidere resident, was arrested January 11, 2018 and later charged after police responded to a 911 call reporting shots being fired along I-80 East at a rest stop near Atalissa, Iowa. The rest stop is about 40 miles west of the Quad Cities area. As police were responding to the area, Johnston exchanged gunfire with Iowa state troopers and local police officers in a brief stand-off on a county road. He was arrested without any injuries to police or civilians. Police also charged Johnson with assault on a peace officer with a dangerous weapon. Johnston has been employed at Harper College in Palatine since 1996, serving as an associate professor in the psychology department. Johnston has a B.S., Weber State University, an M.A., University of Nebraska, and a Ph.D., University of Nebraska. According to the Harper College website, Johnston taught three courses called introduction to psychology, introduction to research, and theories of personality during the fall 2017 semester, but the website does not list him as a professor for the spring 2018 class schedule. Johnson remains in Cedar County Sheriff\u2019s department jail after his bond was set at $1 million cash. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking \u201cAccept All\u201d, you consent to the use of the cookies. However, you may visit \"Cookie Settings\" to provide a controlled consent. Cookie Settings Accept All facebook on Facebook.com/ArlingtonCardinal on Facebook.com/CardinalEmergencies on Facebook.com/ArlingtonHeightsCrime Get updates from The Cardinal \u2018Plus\u2019 on Facebook. Just \u2018LIKE\u2019 the \u2018Arlington Cardinal Crime & Forensics\u2019 Page (become a fan of our page). The updates cover all posts in the 24/7 Crime Alerts! and sub-categories. See all of The Cardinal Facebook fan pages at Arlingtoncardinal.com/about/facebook \u2026 Help fund The Cardinal Arlingtoncardinal.com/sponsor We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking \u201cAccept All\u201d, you consent to the use of the cookies. However, you may visit \"Cookie Settings\" to provide a controlled consent. Cookie Settings Accept All", "7359_106.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 12:01:35 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot News Posted January 31, 2018 12:00 am \uf09a \uf099 \uf0e0 \uf086 \uf02f An ex-Harper College professor charged with shooting at vehicles and police in Iowa earlier this month was disciplined by the college twice in recent years, including a three-day suspension stemming Ex-Harper professor charged in shooting twice disciplined over sexual harassment Charles Johnston Christopher Placek Recommended for You Trending News Buffalo Grove woman charged in vandalism of Tesla dealership Downers Grove South teacher accused of sexually abusing student \u2018End of an era\u2019: Oak Brook Polo Club to close after more than 100 years Outdoor living trends and ideas Vandals tag new Tesla dealership in Buffalo Grove with graffiti Bears stadium or not, Rolling Meadows considers shrinking nearby Kirchoff Road Des Plaines clerk\u2019s powers cut by city council $70,000 stolen in Des Plaines burglary Schiller Park man dies in crash on Route 53 near Elk Grove Village Be the first to know! Get the latest Breaking News and Daily Headlines in your inbox. Email Suburban Chicago's News Source Today's E-edition Sign Up for Newsletters from students' sexual harassment complaints, records obtained Wednesday show. Charles Johnston, an associate psychology professor fired last week by the college's board, was admonished by administrators at the Palatine community college in late 2014 after allegations were leveled by two female students, according to documents provided by Harper through a Freedom of Information Act request. The first student filed a complaint with the college Sept. 26, 2014, in which she said Johnston solicited her by email for a sexual relationship. In one message, Johnston told her, \u201cYou must molest me metaphorically or really in some way,\u201d documents state second student who filed a complaint Oct. 1, 2014, said the professor sent sexually harassing messages by email and text in an effort to meet up with her. Johnston admitted sending the messages but was allowed to keep his job after serving a three-day suspension without pay and undergoing a psychiatric assessment by a doctor selected by the college. Johnston, Harper's provost and the college's faculty senate president signed the Dec. 4, 2014, agreement keeping him at the college. The three-page document, titled \u201cLast Chance Agreement,\u201d stated it was a \u201cfinal warning\u201d for his continued employment. Days after admitting to sending the messages, Johnston went on paid leave, including 12 weeks of leave approved under the Family and Medical Leave Act. Johnston was to serve the three-day suspension afterward and then be on paid administrative leave pending completion and review of the psychiatric exam, according to the agreement. He was cleared to return to work Feb. 10, 2015, Harper officials said Wednesday, though they did not provide a copy of the exam. Then in July 2017, Johnston again faced discipline in the form of a written reprimand from the college provost. It came after Johnston sent an email harshly critical of a co-worker to 16 colleagues, and Man gets 25 years for sexual assault on disabled woman alleging his contractual rights were violated during a student grade dispute. \u201cYou stated that you were interested in providing the facts to everyone so that there would not be hallway conversations,\u201d Provost Judith Marwick wrote think this email has quite the opposite effect and the personal criticisms of a colleague are inappropriate.\u201d Johnston also complained in the email that it was wrong for a colleague to contact him about the grade complaint before he had spoken with the student. But Marwick said the proper protocols were followed; the student was unable to contact Johnston, having emailed him twice and gone to his office twice over a nine-day period. Marwick also cited other issues with Johnston's work, including discrepancies between grades he submitted to his dean and those listed in the college's new grading software, and with Johnston submitting midterm verifications \u2014 whether a student is still attending class or not \u2014 three weeks late. Johnston asserted he was having problems with the new software. On Sept. 10 last year, one of Johnston's family members wrote an email to college officials stating she was scheduled to take him to the doctor. The next day, he went on leave again through the Family and Medical Leave Act due to \u201ca personal illness,\u201d according to a memo written by the college's benefits and compensation manager. In a Sept. 14 email provided to the Daily Herald by a former student, Johnston told students he suffered a minor stroke or an \u201cextreme stress reaction.\u201d He told officers after his arrest he was recently hospitalized and had been taking several prescription drugs, according to a court filing. Johnston reported back to work Jan. 11 for the first day of faculty attendance for the spring 2018 semester, Harper records show. But later that afternoon Iowa authorities say Johnston shot at vehicles and exchanged gunfire with state troopers near Interstate 80 in Cedar County, between Iowa City and the Quad Cities. Johnston, charged with attempted murder and assault on a peace officer with a dangerous weapon, told police he targeted truck drivers after becoming enraged over a truck crash that killed a family, according to court filings Harper employee since 1996, Johnson was barred from campus after college officials learned of his arrest, then fired by a unanimous vote of the board Jan. 23. Johnston, 60, of Belvidere, is being held in the Cedar County jail on $1 million bail and is due in court for an arraignment March 2. Related Article Jan 19, 2018 12:00 am Authorities: Harper College professor shot at Iowa state troopers, drivers Related Article Jan 22, 2018 12:00 am Court filing: Harper prof targeted trucks in retaliation for deadly crash Related Article Jan 23, 2018 12:00 am Harper College fires professor charged in Iowa shootings \uf0d8 Back To Top Article Comments Article Categories Community Colleges Crime Harper College News Article Comments Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the \"flag\" link in the lower-right corner of the comment box. To find our more, read our FAQ. \| Conversation Start the conversation Judge orders Trump to reinstate probationary workers let go in mass firings across multipl\u2026 65 Buffalo Grove woman charged in vandalism of Tesla dealership 14 Powered by About Us Daily Herald Events Daily Herald Media Group News Privacy Policy Terms of Service Staff Advertising/Marketing Jobs at Paddock Publications Contact Us Quick Links \uf108 E-Edition Contests Calendar Share Article or Event Newsletters Advertising About our Ads Advertise Start the conversation Copyright \u00a9 2025 Paddock Publications, Inc., P.O. Box 280, Arlington Heights 60006 Paddock Publications, Inc. is an Employee-Owned Company Connect With Us \uf09a \uf099 \uf167 \uf16d Place a Classified Ad Contacts Business Directory Services Email Newsletters"}
8,807	Howard Robinson	Fordham University	[ "8807_101.pdf", "8807_102.pdf", "8807_103.pdf", "8807_104.pdf", "8807_105.pdf", "8807_106.pdf", "8807_107.pdf", "8807_108.pdf" ]	{"8807_101.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Ex-professor fired for allegedly masturbating during Zoom lecture sues Fordham By Patrick Reilly Published Nov. 21, 2021, 3:32 a.m Horrific video shows teen powerlifting champion being fatall\u2026 Indiana husband kills wife on Valentine\u2019s Day after she \u2018just didn\u2019t\u2026 Girlfr boyfr cover News Metro Long Island Politics World News 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 1/10 Fordham University fired professor Howard Robinson following accusations he masturbated during a September 2020 lecture. Getty Images Blake Lively seeks stronger protective order after receiving \u2018violent\u2019 and \u2018threatening\u2019 messages amid Justin Baldoni legal war sues 3 Trump officials, citing freedom of speech amid battle over \u2018Gulf of America\u2019 usage 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 2/10 professor fired from Fordham University after he was accused of masturbating during a Zoom lecture is suing the Bronx school, claiming his erectile dysfunction made the allegation \u201cvirtually impossible.\u201d The student who filmed the video is also suing Fordham, claiming she faced retaliation after she turned over the awkward 2020 video. Howard Robinson, 68, was a tenured professor at the university\u2019s Graduate School of Social Service when graduate student Andrea Morin filmed a video of the teacher appearing to masturbate during a Sept. 10, 2020 class, the lawsuits state. But Robinson said in a Sept. 16 petition in Bronx Superior Court that his erectile dysfunction and low testosterone levels make it \u201cvirtually impossible for him to get an erection or masturbate,\u201d which he had told school officials in the subsequent inquiry. Morin alleged in her lawsuit she saw Morin \u201cfrom above his waist, and observed him for a period of 1.5 minutes, during which time he was shaking, breathing hard, and saying ..oh f* yeah.\u201d This \u2018Elf\u2019 actor Faizon Love accused of attacking female hotel clerk with credit card machine 00:00 04:00 Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 3/10 happened as students had broken out into separate \u201cbreakout rooms,\u201d and she had her camera turned off due to illness, court records allege. She recorded the incident on her cellphone and reported it the same day, according to the complaint against the school, filed on Sept. 21 in federal court in the Southern District of New York. Morin claimed she contacted Steve Albanese, the associate dean of the School and Professional and Continuing Studies about the incident, after she was initially dissuaded from doing so by school counselors. She sent an email to Albanese sharing details of the alleged incident as well as the video she had recorded. On Sept. 12, 2020 the lawsuit states Robinson emailed Morin asking her \u201chow she was feeling,\u201d and that he was \u201cthinking about her.\u201d Robinson, of Somers, is petitioning to have his position reinstated at the college, claiming that in the video he was not masturbating but struggling not to urinate due to an enlarged prostate and other medical problems. He was typing away an email to his students to send a PowerPoint at the same time, his lawsuit claims. Robinson, who was a tenured professor at Fordham, claims he was struggling not to urinate due to an enlarged prostate during the time of the alleged incident. Shutterstock Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 4/10 Morin actually saw Robinson \u201cgrimacing and shifting his weight in his seat as he rushed to complete the message to his class before relieving himself,\u201d the petition said. Robinson was fired from the university following what his petition called a \u201cflawed investigation,\u201d that did not permit him the chance for a hearing. If sexual misconduct violations fall under Title IX, Robinson would be entitled to a live hearing from both parties, according to the suit. For allegations outside of Title IX, there is no hearing. The school determined that the incident fell outside of Title IX, the lawsuit said \u2014 which his petition called \u201cpatently absurd.\u201d \u201cThere can be no dispute that a professor masturbating in front of a student in class would be severe sexual harassment that falls within the scope of Title IX, and would thus require the due process protections prescribed by the May 2020 Title regulations,\u201d the legal papers stated. Robinson was replaced by another full-time, tenured professor who Morin claims failed her in retaliation for her complaint against Robinson. As a result of failing the course \u2014 her only failing grade out of an otherwise healthy of 3.52 \u2014 she lost access to her program scholarship and did not complete her course of study in time to graduate in May 2021, her lawsuit claims. That a delay in graduation prevented her from receiving a raise at her job, it further alleges , 11/21/21 Man steals car with woman asleep inside, sexually abuses h Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 5/10 Perspective: Advancing Neurological Disorder Research With Neurofilament Light as a\u2026 GenomeWeb Putin\u2019s change of course ips-journal.eu Which car has the right of way? Few people know! Tips and Tricks [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 been\u2026 Novelodge [Pics] 10 Food That Unclog Arteries (Most People Ignore) TravelSent Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 6/10 Details Emerge About Murdered Brian Thomson's Personal Life NYPost.com Melania Trump Makes Stunning Accusation Against Obama NYPost.com 109 People Reacted What's your reaction to this article? Top Notch 106 So-so 19 Next! 53 Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 7/10 Rare Sightings Of Kamala Harris Not Wearing Pantsuit TheList.com Amy Schumer Shows Off Weight Transformation In Topless Selfie PageSix.com New Diddy & J-Lo Allegation Has Shaken The Entire Internet PageSix.com Sarah Huckabee's Transformation Is Staggering Sight To See NickiSwift.com The Tragedy Of Fox News Host Bret Baier Is Just So Sad NickiSwift.com The Internet Is Obsessing Over These 50 Moments Slashfilm.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, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 8/10 Stream It Or Skip It: \u2018Reacher\u2019 Season 3 on Prime Video, Where Alan Ritchson Returns As The Before you go ... 2/22/25, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 9/10 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 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, 7:45 Ex-Fordham professor fired for allegedly masturbating on Zoom class sues university 10/10", "8807_102.pdf": "Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent 14:03 21.11.2021 Subscribe The alleged incident occurred in September 2020 student noticed that Howard Robinson, 69, was panting and moving his hands rapidly during a break on Zoom. She captured the purported act on her cellphone and sent it to the dean. Robinson was fired within days professor who was fired for allegedly during a lecture via Zoom has sued the university. In the lawsuit, Howard Robinson claims his civil rights were violated and he wants Fordham University in New York City to reinstate him. CC0 / Pixabay / Max Gorbachev All materials Write to the author masturbating International 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 1/9 Robinson has argued that not only was he not engaged in self- gratification, but that the university had denied him the right to defend himself. The lawsuit states that sexual misconduct and sexual harassment falls under federal civil rights law Title IX, and if Robinson violated it he would be entitled to a live hearing; however, Fordham University decided that the incident fell outside Title and dismissed the professor without a hearing. \"There can be no dispute that a professor masturbating in front of a student in class would be severe sexual harassment that falls within the scope of Title IX, and would thus require the due process protections prescribed by the May 2020 Title regulations\", the lawsuit states as per the New York Post. Howard Robinson alleges that what female student Andrea Morin believed to be him masturbating was actually the 69-year-old suffering from a medical issue. The young woman previously claimed that she saw Robinson from the chest to the top of his head panting, while moving his arms around rapidly for a minute and a half before reportedly saying \"fk, yeah\". She captured the incident on video, which she showed to her brother and boyfriend, who agreed with her conclusion that the professor was masturbating. The 69-year-old claims he is incapable of masturbating because he suffers from erectile dysfunction. Robinson said he reportedly has bladder problems and the video shows him struggling not to urinate. \"[Morin saw] Robinson grimacing and shifting his weight in his seat as he rushed to complete the message to his class before relieving himself\", Robinson\u2019s petition to reinstate him reads. 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 2/9 Provost of Fordham University Jonathan Crystal has dismissed the professor\u2019s lawsuit. \"Mr. Robinson seems to be having a difficult time accepting the consequences of his actions. The panel should disregard this attempt to appear sympathetic. His own carelessness and disregard for Fordham\u2019s policy led him to where he is today\", he said. Incidentally, Andrea Morin, who captured the alleged incident on video, has also sued the university. She claims she failed the class and lost her scholarship because of the incident and retaliation for lodging a complaint against the professor. \"This event has caused enormous problems for me in my life have fallen behind in school and emotionally suffer from this incident\", her lawsuit reads. Society America lawsuit professor public indecency sexual harassment Masturbation sexual misconduct Zoom 7 3 3 0 0 2 Follow us on and never miss an important story again! Follow 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 3/9 All comments (2) Popular comments German Herrera Salamanca 22 November 2021, 11:25 1 Ambos quedaron jodidos, pero m\u00e1s el ptofesor Youssef 22 November 2021, 03:13 Postule au minist\u00e8re de la Culture d\u00e9gueulasse Analysis Enjoy in-depth, acute analysis of the most pressing local, regional and global trends at Sputnik! Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 19 hours ago 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 4/9 Subscribe group of Republican senators have introduced a bill to \"terminate\" the US's membership in the United Nations, alleging that the body has \"devolved into a platform for tyrants and a venue to attack America and her allies.\" Sputnik reached out to a leading international affairs observer to find out what's wrong with the proposal think it's a very poor recommendation,\u201d international consultant and retired Army Lt. Col. Earl Rasmussen said, commenting on the new , introduced in the Senate Thursday and dubbed the 'Disengaging Entirely From the United Nations Debacle (DEFUND) Act. The was a key founding member of the UN, and its withdrawal \u201cwould be very potentially damaging to the organization,\u201d Rasmussen said. \u201cWould it be able to survive think it could think you\u2019ve got China and Russia providing strong leadership don\u2019t know what the influence of France and the [would be, ed.]\u2026because they usually vote however the United States wants,\u201d he added. \u00a9 Sputnik Ilya Tsukanov All materials Write to the author bill 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 5/9 Obviously, a pullout would require relocating the out of New York City, ideally to a neutral country, the observer noted. In any case, a UN-type body is vital, Rasmussen stressed, recalling the sad fate of its predecessor, the League of Nations, and emphasizing that \u201cthere needs to be a mechanism for dialogue, and that\u2019s essential. You can\u2019t be a spoiled brat throwing a temper tantrum if you don\u2019t get your way.\u201d Without it, there would be \u201cmore tensions, potentially more conflicts around the world,\u201d he warned. \u201cIf the did dissolve think then it would be up to great powers to individually kind of oversee regions of influence and work out their differences to address some of the different conflicts that would occur, and the disasters that might occur to respond to as well.\u201d Signing of the United Nations Charter in San Francisco, 1945 Photo 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 6/9 Besides security and dialog, Rasmussen says the UN's other work can't just be thrown out as well, pointing out the the body has \"done a lot of things on the human rights side, medical assistance, food and issues with famine, conflicts with rebel-type groups that they've been able to come in and act as a kind of peacekeeper\" with. If the disappeared, \"it would diminish access to a humanitarian support.\" The US, which accounts for about a third of the UN's budget, isn't the only power expressing gripes with the international organization, with Russia and other powers its comprehensive reform into a more inclusive body, particularly at the Security Council level. Last October, the reaffirmed the need for \"comprehensive reform of the Untied Nations, including its Security Council, with a view to making it more democratic, representative, effective and efficient, and to increase the representation of developing countries in the Council's memberships so that it can adequately respond to prevailing global challenges and support the legitimate aspirations of emerging and developing countries from Africa, Asia and Latin America...to play a greater role in international affairs.\" \u00a9 Sputnik calling for BRICS' Kazan Summit Declaration 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 7/9 World Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 23 hours ago Analysis Earl Rasmussen Russia China The United Nations (UN) bill conflict Dialog platform Discuss 154 172 22 4 1 6 Popular comments Follow us on and never miss an important story again! Follow 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 8/9 All comments (6 Ali Ali 22 February, 01:30 8 China is and very sincere. Russia is broke and unreliable Valerian Stefanov 22 February, 09:12 1 This is false or a political diversion without is Useless. Russia & China have BRICS... remember??? Yep, Russia friendly fight China over Africa... But China influence in South America is sentimental element they will receive for from Trump :1 or 2 or more millions of young rejected illegal immigrants Will Be the Best emotionally motivated Free Armey China may sponsor to keep America Ever Attack China. Always China proof in history they were able to manipulate events to avoid conflict direct with since few millenniums. International About Us Press Info Terms of Use Contact Us Cookie Policy Privacy Policy Privacy Feedback Tracking preferences Telegram \u00a9 2025 Sputnik All rights reserved. 18+ 19 hours ago Russia, China Could Pick Up the Slack If Quit UN, But Body's Dissolution Would Trigger Conflicts 22 hours ago Drones on the Move: Russian Paratroopers Smoke Out Ukrainian Combatants 23 hours ago Lavrov Lauds Trump's Policy of Pragmatism for Abstaining from UN's Anti-Russia Resolution 2/22/25, 7:45 Professor Fired For 'Masturbating' During Zoom Lecture Sues University, Claiming He's Impotent - 21.11.2021, Sputnik Internati\u2026 9/9", "8807_103.pdf": "By By \| New York Daily News \| New York Daily News UPDATED: UPDATED: November 21, 2021 at 1:36 November 21, 2021 at 1:36 Fordham social work professor fired over a claim he masturbated during a Fordham social work professor fired over a claim he masturbated during a Zoom lecture and the student who captured the act on her cell phone are Zoom lecture and the student who captured the act on her cell phone are suing the university, claiming officials violated both their civil rights in the suing the university, claiming officials violated both their civil rights in the response to the incident. response to the incident. The student, Andrea Morin, ended up failing a different social work course, The student, Andrea Morin, ended up failing a different social work course, retaliation, she says, for lodging the complaint. She lost her scholarship and retaliation, she says, for lodging the complaint. She lost her scholarship and was dropped from the program without any special consideration from the was dropped from the program without any special consideration from the college, according to the suit filed in White Plains Federal Court. college, according to the suit filed in White Plains Federal Court Fordham University sued by Fordham University sued by former professor and grad former professor and grad student over handling of Zoom student over handling of Zoom class masturbation claims class masturbation claims $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 1/26 The professor, Howard Robinson, 69, has denied any self-gratification during The professor, Howard Robinson, 69, has denied any self-gratification during the class, claiming he\u2019s incapable because he suffers from erectile the class, claiming he\u2019s incapable because he suffers from erectile dysfunction. He said that what he was actually doing was frantically trying to dysfunction. He said that what he was actually doing was frantically trying to send an email while having to urgently urinate and the movement on the send an email while having to urgently urinate and the movement on the video was just a function of his discomfort. video was just a function of his discomfort. Fordham University Fordham University \u201cNo was not masturbating,\u201d he said. \u201cThe thought of masturbating was the \u201cNo was not masturbating,\u201d he said. \u201cThe thought of masturbating was the furthest thing from my mind was totally focused on teaching.\u201d furthest thing from my mind was totally focused on teaching.\u201d The episode highlights the pressure universities are under from both sides The episode highlights the pressure universities are under from both sides after a series of high-profile sexual abuse claims at academic institutions like after a series of high-profile sexual abuse claims at academic institutions like Columbia University, Penn State and Ohio State University. Columbia University, Penn State and Ohio State University $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 2/26 \u201cThere\u2019s a pendulum that\u2019s been swinging back and forth and there\u2019s an \u201cThere\u2019s a pendulum that\u2019s been swinging back and forth and there\u2019s an argument over who the process should favor more the victim or the accused,\u201d argument over who the process should favor more the victim or the accused,\u201d said lawyer Andrew Celli, who is not involved in the suits. said lawyer Andrew Celli, who is not involved in the suits. Professor Howard Robinson stands outside the main gate of Fordham University, Professor Howard Robinson stands outside the main gate of Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Professor Howard Robinson stands outside the main gate of Professor Howard Robinson stands outside the main gate of Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Daily News) It was only the second class in the course on Sept. 10, 2020, when Morin was It was only the second class in the course on Sept. 10, 2020, when Morin was confronted with her professor in the throes of what she believed was confronted with her professor in the throes of what she believed was masturbation. masturbation. Morin, who had her camera off because she was feeling ill, had just returned Morin, who had her camera off because she was feeling ill, had just returned from the bathroom, and all the other students had moved to a virtual from the bathroom, and all the other students had moved to a virtual breakout room. breakout room. That\u2019s when she claims she saw Robinson, red-faced and panting, seeming to That\u2019s when she claims she saw Robinson, red-faced and panting, seeming to be rocking back and forth and, out of view, moving his arms rapidly. be rocking back and forth and, out of view, moving his arms rapidly. At one point she heard him say, \u201cF\u2013k, yeah,\u201d according to the complaint. At one point she heard him say, \u201cF\u2013k, yeah,\u201d according to the complaint. The video, which was viewed by the Daily News with the understanding that it The video, which was viewed by the Daily News with the understanding that it would not be published, shows Robinson from the chest to the top of his would not be published, shows Robinson from the chest to the top of his head. It\u2019s unclear what he says if anything, but he does appear to be making head. It\u2019s unclear what he says if anything, but he does appear to be making rapid movements for about a minute and a half. He then gets up off the chair rapid movements for about a minute and a half. He then gets up off the chair and moves off-screen. and moves off-screen. Read More Read More 00:00 00:00 02:40 02:40 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 3/26 When he returns, he seems to search the screen with his eyes and then says, When he returns, he seems to search the screen with his eyes and then says, \u201cAndrea, are you there?\u201d \u201cAndrea, are you there?\u201d Shaken by the incident, Morin told her brother and her boyfriend, who Shaken by the incident, Morin told her brother and her boyfriend, who initially laughed it off. But when they saw the video they both agreed with her initially laughed it off. But when they saw the video they both agreed with her conclusion. conclusion. Robinson, who has been a licensed clinical social worker for 38 years and has Robinson, who has been a licensed clinical social worker for 38 years and has worked with trauma victims in Rwanda, Taiwan and Israel, said that Morin worked with trauma victims in Rwanda, Taiwan and Israel, said that Morin misunderstood the whole episode. misunderstood the whole episode. He was trying to attach a PowerPoint presentation to an email to the entire He was trying to attach a PowerPoint presentation to an email to the entire class to get it up to speed on the lesson, he said. class to get it up to speed on the lesson, he said. What Morin saw as masturbation, he says, was a technologically challenged What Morin saw as masturbation, he says, was a technologically challenged middle-aged man with bladder control problems. middle-aged man with bladder control problems. Professor Howard Robinson stands outside the main gate of Fordham University, Professor Howard Robinson stands outside the main gate of Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Professor Howard Robinson stands outside the main gate of Professor Howard Robinson stands outside the main gate of Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Fordham University, Saturday, Nov. 20, 2021 (Jeff Bachner/New York Daily News) Daily News) \u201cIt might be hard for other people to get it,\u201d Robinson said. \u201cFor a 69-year-old \u201cIt might be hard for other people to get it,\u201d Robinson said. \u201cFor a 69-year-old with a medical issue have to deal with it.\u201d with a medical issue have to deal with it.\u201d Morin filed a complaint with the school the next day, and Robinson was Morin filed a complaint with the school the next day, and Robinson was suspended without pay while the investigation unfolded. suspended without pay while the investigation unfolded. Robinson was fired Jan. 26 by a letter sent by the university provost that told Robinson was fired Jan. 26 by a letter sent by the university provost that told him \u201cmore likely than not you engaged in conduct in violation of the Fordham him \u201cmore likely than not you engaged in conduct in violation of the Fordham Sexual and Related Misconduct Policy.\u201d Sexual and Related Misconduct Policy.\u201d \u201cThis event has caused enormous problems for me in my life have fallen \u201cThis event has caused enormous problems for me in my life have fallen behind in school and emotionally suffer from this incident,\u201d Morin told behind in school and emotionally suffer from this incident,\u201d Morin told university officials, according to her lawsuit. university officials, according to her lawsuit. Despite that fact, Fordham made no accommodations for her and when she Despite that fact, Fordham made no accommodations for her and when she missed several quizzes and work, the replacement professor gave her a missed several quizzes and work, the replacement professor gave her a failing grade. failing grade $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 4/26 Originally Published: Originally Published: November 20, 2021 at 9:00 November 20, 2021 at 9:00 One dean told her that he had reservations about her fitness to become a One dean told her that he had reservations about her fitness to become a social worker because she continued to blame others for her bad social worker because she continued to blame others for her bad performance and refused to take responsibility for herself, according to the performance and refused to take responsibility for herself, according to the complaint. complaint. She wants a written apology from all parties, to be reinstated in the program She wants a written apology from all parties, to be reinstated in the program with her scholarship and $1 million in damages. She declined to be with her scholarship and $1 million in damages. She declined to be interviewed. interviewed. Fordham concluded that Robinson did not violate Title IX, a federal law Fordham concluded that Robinson did not violate Title IX, a federal law requiring equal treatment of the sexes in academia, because it was a one- requiring equal treatment of the sexes in academia, because it was a one- time incident. time incident. Robinson says that he has never had a complaint before. Robinson says that he has never had a complaint before. \u201cMy record has been sterling,\u201d he said. \u201cThere has never been a student or \u201cMy record has been sterling,\u201d he said. \u201cThere has never been a student or faculty member make any complaint whatsoever.\u201d faculty member make any complaint whatsoever.\u201d Because Fordham decided Title was not violated, Robinson says, he was Because Fordham decided Title was not violated, Robinson says, he was not offered the proper venue to defend himself. If Fordham brought the not offered the proper venue to defend himself. If Fordham brought the complaint under Title IX, he would be allowed to cross-examine the complaint under Title IX, he would be allowed to cross-examine the complainant and witnesses. complainant and witnesses. Robinson\u2019s lawsuit in Bronx Supreme Court seeks to force Fordham to Robinson\u2019s lawsuit in Bronx Supreme Court seeks to force Fordham to reinstate the professor. reinstate the professor. \u201cThis process has been unfair and prejudicial and not in good faith,\u201d his \u201cThis process has been unfair and prejudicial and not in good faith,\u201d his lawyer Samantha Harris said. \u201cIn a zeal to correct for a history of indifference lawyer Samantha Harris said. \u201cIn a zeal to correct for a history of indifference to complaints of assault, there has been an overcorrection.\u201d to complaints of assault, there has been an overcorrection.\u201d Fordham declined to comment on either lawsuit, but provost Jonathan Fordham declined to comment on either lawsuit, but provost Jonathan Crystal, in his written response to the professor\u2019s appeal to the university\u2019s Crystal, in his written response to the professor\u2019s appeal to the university\u2019s decision to fire him, seemed unmoved by his arguments. decision to fire him, seemed unmoved by his arguments. \u201cMr. Robinson seems to be having a difficult time accepting the consequences \u201cMr. Robinson seems to be having a difficult time accepting the consequences of his actions,\u201d he wrote. \u201cThe panel should disregard this attempt to appear of his actions,\u201d he wrote. \u201cThe panel should disregard this attempt to appear sympathetic. His own carelessness and disregard for Fordham\u2019s policy led him sympathetic. His own carelessness and disregard for Fordham\u2019s policy led him to where he is today.\u201d to where he is today.\u201d Around the Web Around the Web $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 5/26 Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 6/26 Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 7/26 How Long Should Keep My Car? How Long Should Keep My Car? Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 8/26 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 9/26 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 Rate Five Reasons Your Car Insurance Rate Changes 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 10/26 Should You Buy an Electric Car? Should You Buy an Electric Car? Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 11/26 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 12/26 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 Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes Should You Buy an Electric Car? Should You Buy an Electric Car $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 13/26 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 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 14/26 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? Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 15/26 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 16/26 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 17/26 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 Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 18/26 The New Normal of Selling a Home The New Normal of Selling a Home Today Today Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 19/26 Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes Should You Buy an Electric Car? Should You Buy an Electric 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 20/26 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 21/26 How Long Should Keep My Car? How Long Should Keep My Car? Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 22/26 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 23/26 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 24/26 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 Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online The New Normal of Selling a Home The New Normal of Selling a Home Today Today $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 25/26 2021 2021 \ue907 \ue907November November \ue907 \ue90720 20 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! 2/22/25, 7:45 Prof, student sue Fordham over Zoom class masturbation claim 26/26", "8807_104.pdf": "Morin v. Fordham University et al 7:21-cv-7909 (NSR) The Court is in receipt of the attached letter from Defendant Howard Robinson, dated November 11, 2021, seeking leave to file a motion to dismiss the claims against him in Plaintiff\u2019s Complaint. The Court waives the pre-motion conference requirement and grants Defendant Robinson leave to file a motion to dismiss in accordance with the following briefing schedule: (1) Defendant Robinson\u2019s moving papers are to be served (not filed) on December 18, 2021; (2) Plaintiff\u2019s opposition papers are to be served (not filed) on January 17, 2022; and (3) Defendant Robinson\u2019s reply papers are to be served on February 1, 2022. All motion papers are to be filed by Plaintiff and Defendant Robinson on the reply date, February 1, 2022. Plaintiff and Defendant Robinson are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. Plaintiff and Defendant Robinson are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served per this Court\u2019s local emergency civil rules. The Clerk of Court is respectfully directed to terminate the motion at No. 33. Dated: November 18, 2021 White Plains 11/18/2021 Case 7:21-cv-07909 Document 38 Filed 11/18/21 Page 1 of 3 November 11, 2021 Honorable Nelson S. Rom\u00e1n United States District Court Judge Federal Building and United States Courthouse 300 Quarropas Street White Plains 10601-4150 Re: Andrea Morin v. Fordham University, et al. Case No. 7:21-cv-07909 Dear Judge Rom\u00e1n, This firm represents Howard Robinson in the above-referenced action along with Samantha K. Harris of Allen Harris PLLC, whose pro hac vice application is forthcoming. Please accept this letter request for a pre-motion conference as required by Section 3.A.ii of your Individual Practices regarding Defendant Robinson\u2019s desire to file a motion to dismiss Plaintiff\u2019s Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff\u2019s Complaint sets forth no cognizable federal claims against Howard Robinson, a former Fordham University social work professor whom Plaintiff has alleged sexually harassed her by masturbating during a class he taught over Zoom on September 10, 2020.1 Plaintiff alleges that Howard Robinson created a \u201chostile educational environment\u201d pursuant to 42 U.S.C. \u00a7 2000e, et seq., otherwise known as Title of the Civil Rights Act of 1964. However, Title is an employment discrimination statute, and Plaintiff does not allege that she was ever an employee of Fordham University or Howard Robinson. Rather, her Complaint states that \u201cat all times relevant, [she] was a student at Fordham University, enrolled in the Fordham College of Continuing and Professional Studies.\u201d (Dkt. No. 1 \u00b6 1). Since Plaintiff does not allege she was an employee of Fordham University, she cannot bring an employment discrimination claim. Nor, to counsel\u2019s knowledge, has Plaintiff filed a Title claim with the EEOC, which is a necessary exhaustion prerequisite for any federal employment discrimination claim. Moreover, since the Second Circuit has held that individual defendants cannot be held personally liable under Title VII, Plaintiff could not bring a Title claim against Howard Robinson even if, hypothetically speaking, she was employed by Fordham and simply failed to plead that in her Complaint. 1 In reality, what Plaintiff witnessed was Robinson \u2013 who did not know he could be seen at the time \u2013 attempting to suppress an urgent need to urinate as he tried to finish a course-related task while his students were in Zoom \u201cbreakout rooms.\u201d This is set forth in greater detail in Robinson\u2019s Article 78 petition, In the Matter of Howard Robinson v. Fordham Univ., Index No. 812584/2021E (N.Y. Sup. Ct. filed Sept. 17, 2021), against Fordham University arising out of this matter. Case 7:21-cv-07909 Document 33 Filed 11/11/21 Page 1 of 2 Case 7:21-cv-07909 Document 38 Filed 11/18/21 Page 2 of 3 November 11, 2021 Page 2 Plaintiff further alleges that Howard Robinson, a professor at a private university, \u201cacted under color of state law\u201d and violated her rights under the Equal Protection Clause by allegedly engaging in sexual harassment. However, Robinson is not a state actor, and Plaintiff has alleged no facts suggesting that Robinson acted in concert with any state actor to deprive her of her constitutional rights, as required to impute state action to a private individual. Due to ambiguous drafting, it is unclear whether Plaintiff intended to assert her Title claim against Fordham alone or also against Howard Robinson. However, to the extent that Plaintiff intended to include Howard Robinson as a defendant in her Title claim, that too must fail, since this Court and others have repeatedly held that there is no individual liability under Title IX. That leaves only Plaintiff\u2019s state-law claim for intentional infliction of emotional distress, over which \u2013 in the absence of any viable federal claims against Howard Robinson \u2013 this Court should decline to exercise supplemental jurisdiction. Defense counsel for Robinson contacted Plaintiff\u2019s attorney by telephone on October 26, 2021, to discuss the viability of Plaintiff\u2019s claims against Robinson. Defense counsel requested Plaintiff voluntarily dismiss the federal claims, since they could not survive under well- established federal law. Plaintiff\u2019s counsel declined, however, and Defendant Howard Robinson now seeks to move this Court to dismiss Plaintiff\u2019s claims against him. Sincerely, ______________ Julie A. Nociolo, Esq. E. Stewart Jones Hacker Murphy Samantha K. Harris, Esq. Allen Harris Pro Hac Vice Application Forthcoming Attorneys for Defendant Howard Robinson Case 7:21-cv-07909 Document 33 Filed 11/11/21 Page 2 of 2 Case 7:21-cv-07909 Document 38 Filed 11/18/21 Page 3 of 3", "8807_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 31 Fordham professor, 69, who was fired for 'sex act during Zoom lecture sues university over 'civil rights violations' - along with the student who reported it Professor Howard Robinson, 69, is alleged to have been caught masturbating during a break on a Zoom lecture in September 2020 Student Andrea Morin captured the act on her cellphone and made a complaint Robinson was suspended the following day and later fired from his posting He claims that he was attempting to send an email while using the toilet Morin claims she failed class and dropped out of school as a result of incident Robinson is suing to have a hearing to contest the allegations to save his job Morin is suing to be reinstated on scholarship with $1 million payout in damages By PUBLISHED: 06:20 GMT, 21 November 2021 \| UPDATED: 13:41 GMT, 21 November 2021 New York university professor who lost his job after he was accused of masturbating on camera during a Zoom lecture is suing his former employer along with a student who claims her civil rights were violated after she viewed the alleged indecent act. Fordham University professor Howard Robinson, 69, has long denied any self- gratification took place during his class and claims that he was trying to send an email while dealing with an urgent need to use the toilet. His student, Andrea Morin, who is also suing the Bronx school, claims to have witnessed the indecent act and captured it on her cellphone. 273 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 27 8PM 22 5-Day Forecas 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 1/46 Professor Howard Robinson, 69, is alleged to have been caught masturbating during a break on a Zoom lecture in September 2020 Morin claims to have ended up failing the class as a result of witnessing the act, adding that she was retaliated against for making the complaint, thereby scuppering her scholarship and was ultimately dropped from the program. She claims her civil rights were violated. Robinson, meanwhile, claims he is incapable of being aroused because he suffers from erectile dysfunction. 'No was not masturbating,' he told the Daily News. 'The thought of masturbating was the furthest thing from my mind was totally focused on teaching.' Robinson, who was a professor of social work, was fired within days in a letter which stated, 'more likely than not you engaged in conduct in violation of the Fordham Sexual and Related Misconduct Policy.' Robinson, who also claims his civil rights were violated, stressed that he has never been the subject of any grievances during the entirety of his teaching career. 'My record has been sterling. There has never been a student or faculty member make any complaint whatsoever,' he said +4 View gallery nasty shock when we made an offer Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to achieve her 'dream' Army career Angels are real have seen them all my life: Here's the signs you should look out for, writes Owner of Harry Potter Airbnb left heartbroken after guests smash furniture and leave brown stains on bed Michelle Ryan won't return to EastEnders: Soap star who shot to fame as Zoe Slater has rejected every offer to reprise her role Looking to boost your gut health? It's all about knowing where to start! What to keep front of mind when supporting your microbiome 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' Caroline Flack's last broken voice messages that reveal what she thought of Laura Read More 00:00 02:24 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 2/46 Revealed: The 4 men who preyed on soldier hounded to her death 17.2k viewing now The disquieting social media images taking older people for fools 16.1k viewing now Daisy May Cooper in \u00a330k row with landlady over painting her cottage 8.6k viewing now Fordham social work student Andrea Morin captured the act on her cellphone and made a complaint. She ended up failing the class and is suing the school for $1 million in damages Robinson maintains he was frantically attempting to attach a PowerPoint presentation to an email and what Morin saw as him masturbating was in fact a 'technologically challenged middle-aged man with bladder control problems.' 'It might be hard for other people to get it. For a 69-year-old with a medical issue have to deal with it,' he claims in the suit filed in White Plains Federal Court. Morin claims she saw her professor climaxing on camera during what was only the second class of the semester in September 2020. Other students who were in the class were in a virtual breakout room while she was somehow still able to see and hear the educator of 38 years who has worked with trauma victims in Rwanda, Taiwan and Israel She said that Robinson could be seen moving back and forth, red-faced and panting while moving his arms around rapidly for around 90 seconds before saying the word 'Fk!' out loud. After whatever Robinson was doing was over, he seemed to notice that Morin was still online. 'Andrea, are you there?' he called out. Morin showed the footage to her brother and boyfriend who despite initially laughing off the incident agreed with her assertions. Morin complained to the school the following day and Robinson was suspended without pay while an investigation got underway. +4 View gallery Whitmore replacing her The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa clique Range revolution: How four drivers got from Eastbourne to Aberdeen on one tank of fuel thanks to the 7 SHS's clever new tech After years of bad sex, my husband's libido suddenly returned was thrilled\u2026 until found out the reason Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly emotional public ceremony 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 3/46 Professor Robinson who was a Clinical Associate Professor at Fordham was suspended the following day in September 2020 and later fired from his posting 'This event has caused enormous problems for me in my life have fallen behind in school and emotionally suffer from this incident,' Morin told university officials, according to her lawsuit seen by the News. Robinson has been a licensed clinical social worker for 38 years and has worked with trauma victims in Rwanda, Taiwan and Israel Robinson, meanwhile, says he was not able to defend himself properly after being accused by Morin and was unable to contest the charge through a normal university disciplinary process known as Title IX. Through his lawsuit against the university, he is pushing for the Bronx Supreme Court to force Fordham to retry the case in the hope of being reinstated in his post. 'This process has been unfair and prejudicial and not in good faith,' he said. 'In a zeal to correct for a history of indifference to complaints of assault, there has been an overcorrection.' Fordham is not commenting on either of the lawsuits, however, provost Jonathan Crystal released a withering statement in relation to Robinson's firing. +4 View gallery +4 View gallery 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 Adam Pearson's perfect response after troll asked him if he was going to the circus instead of the BAFTAs Up-to-date on the latest, must-have tech? Get yourself gadget-ed up with this month's top 10 devices 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 Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of depression before terrifying health scare Doctor reveals little- known signs you could have a heart attack at any minute Calculator reveals areas where you're most likely to die of cancer - where does rank 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 4/46 31 shares Share or comment on this article: Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing 'Mr. Robinson seems to be having a difficult time accepting the consequences of his actions,' Crystal wrote. 'The panel should disregard this attempt to appear sympathetic. His own carelessness and disregard for Fordham's policy led him to where he is today Embed this 'See you in court.' Trump and Maine governor clash over Pregnant Fox host gives a baby update after she passed her Pregnant Fox host appears on Gutfeld! after passing due date Zelensky says Ukraine and are drafting key agreement Dramatic moment cops chase down alleged teen rapist Dashing through the snow plow drivers speed while clearing Trump bashes 'radical left lunatic' fighting for trans athletes Boris defends Ukraine, says there's 'method in Trump's madness' Newest Oldest Best rated Worst rated Comments 268 Share what you think View all The comments below have not been moderated. Biggly, Kuching, 3 years ago Without seeing the vid we can't judge. Click to rate 2 0 TimeJumper from 2150, Amsterdam, Netherlands, 3 years ago As Jerry Seinfeld once said, referring to another character, that \"he's the master of his domain\" Click to rate 1 2 Anonymous, Unknown, 3 years ago has an opening for him next to their own mast.urba.tor Click to rate 7 3 Real_Regal_Beagle, Worcester Massachusetts, United States, 3 years ago believe him. Click to rate 3 5 Love is in the air: 10 top brands to help you celebrate your special someone with style, from roses to jewellery 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... 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 Zelensky surrenders to Trump and 'will sign mineral deal within hours' 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 ... 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... Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir Revealed: The sneaky European airports that are miles away from the cities they're named after Show more 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 5/46 ReligionIsPathetic2, Nowhere, Afghanistan, 3 years ago Inside Michael Owen's daughter Gemma's luxurious cottage as she reveals a glimpse of her bedroom renovations Trump declares 'See you in court' in brutal transgender face-off with Democratic governor at White House PLATELL: Harsh truth is nobody but Liam is to blame for his death Blake Lively The Hollywood Reporter for 'sexist' cover lampooning her Justin Baldoni sexual harassment lawsuit PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally revealed I've been on Ozempic for 2 years... what 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 6/46 happened to me and my warning to anyone taking it Furious Land Rover driver blocks road to dealership for hours after it 'refused to fix his car under warranty MOIR: And the award for endless woke lectures and treating us like idiots goes to... David Tennant Phil Collins, 74, shares heartbreaking health update following his retirement . Girl, three, dies after 'being hit by van that had smashed into tram' in Manchester city centre Netflix fans rave over 'masterpiece' political thriller they're 'rewatching for the third time' with whopping Rotten Tomatoes score 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 ... Olly Murs forced to cancel live show just hours before performance in Dubai as he shares health woes 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 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... 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 7/46 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... Harry Potter star Jason Isaacs makes 'terrible confession' about making the magical film series and explains why it 'wasn't fun' on set Tensions escalate as China conducts a firing exercise in the Tasman Sea - and New Zealand Defence Force makes unsettling discovery Gogglebox fans 'switch off' after 'creepy' scene leaves them feeling uncomfortable: 'Too weird and disturbing 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 ... 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 8/46 Mother causes stir with 'controversial' parenting style - which bans her daughter from sleepovers with friends Lewis Hamilton's neighbours wage planning war over extension that could mean parking spots in underground garage are too small for their Chelsea tractors EastEnders fans gasp 'did that just happen?!' as they spot rude Lauren Branning moment in background of Queen Vic wreckage during live episode Peter Kay makes fresh Lisa Riley jibe as comedian returns to stage with increased security following heckling row The about Melanie Sykes and her toyboy lovers: Star scandalised fans with her marriage to a roofer 15 years her junior 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 is making same terrifying mistake that's destroyed every previous advanced civilization, historian warns 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 9/46 EastEnders' original Martin Fowler actor makes sly dig as bosses reveal their secret tactics to hide the character's shock death What is Apple's data protection tool? The controversial encryption feature being axed - and what it means for 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... 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 Revealed: The mileage threshold that wipes the most value off your car Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to achieve 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... Oklahoma foster parents' appalling act of cruelty against little girl during record- breaking cold snap caught on camera 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 10/46 Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following terrifying burglary Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery shouldn't be able to steal the talent of the humans who created the magic in the first place 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 ... Revealed: What life on Earth would look like if Yellowstone's supervolcano erupted 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 11/46 Worst ratings for celebrity-owned pubs in the revealed: Diners blast 'pretentious' menus and 'tiny' portions at watering holes run by models and singers 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 I'm a top women's doctor and would take up an invite for a breast screening. Women are being lied to by the and this is the truth about mammogr... Selena Gomez's explosive 'feud' with former friend who is threatening to 'expose' major celebrity texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and says it all 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... Transgender megastar blasts Trump for issuing her a male passport 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 12/46 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... 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... 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 Tasha Ghouri breaks her silence as she hits back at trolls branding her 'horrible' and 'scum' after ex Andrew Le Page's tears following split Kim Kardashian looks sharp in a busty grey suit as she joins a chic Naomi Watts and slipper-clad Niecy Nash on the star-studded set of All's Fair Traitors winner Leanne Quigley reveals her fianc\u00e9e Sophie Jones' breast cancer battle felt like an 'out of body experience' 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 13/46 Makeup-free Pamela Anderson, 57, admits she 'feels so free' amid 'wonderful' career resurgence now her children are older Kym Marsh, 48, stuns in all-black outfit as she enjoys dinner at lavish restaurant with lookalike daughter Polly, 13, after split from toyboy boyfriend Amanda Holden reveals what major secret King Charles told her at The Royal Variety Performance 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 14/46 blossoming bump as she poses topless in a silky black gown while enjoying lavish holiday 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 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 Brand founder reveals how fans are snapping up viral at-home keratin treatment every minutes: 'Smoother and silkier than could have ever imagined 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 15/46 Beyonce's Parkwood Entertainment and singer Chloe Bailey sued in $15 million copyright lawsuit by artist who worked with Kanye West 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 Jennifer Lopez splurges on $21M compound as she and ex Ben Affleck struggle to sell their marital mansion 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 . 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 16/46 Tom Hanks and wife Rita Wilson pledge $1M to fire relief after their home narrowly avoided blaze '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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 17/46 Romeo Beckham, 22, is the spitting image of his father David, 49, as he poses shirtless for racy magazine photoshoot 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 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, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 18/46 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 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' . 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 19/46 is 'deeply concerned' for the singer Blake Lively's co-star Jenny Slate allegedly filed complaint while filming It Ends With Us due to uncomfortable interaction licia Douvall's new love revealed: Former glamour model goes Instagram public with handsome man 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 20/46 You won't believe what EastEnders' Zoe Slater looks like now! Michelle Ryan, 40, shares makeup-free selfie 20 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 21/46 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: 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 22/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 23/46 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 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 Jennifer Garner and Ben Affleck's daughter Violet cuts contact with Jennifer Lopez after discovering her 'ulterior motive 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 24/46 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 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 25/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 26/46 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 Girl, 3, killed in horror city centre crash after 'van rebounded off\u2026 See more versions The Sun \u00b7 24mins a Ukraine-Russia war latest: Zelensky \u2018not ready\u2019 to sign\u2026 See more versions The Telegraph \u00b7 5hr Israel-Hamas latest: Israel welcomes five hostages home\u2026 See more versions The Telegraph \u00b7 8hr Search for missing Jenny Hall from Tow Law enters fourth day See more versions \u00b7 3hrs ago Map reveals where 70mph winds and 12 of rain to hit\u2026 See more versions The Sun \u00b7 5hrs ago 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 27/46 Vatican gives update on Pope Francis as he remains in hospital See more versions Sky News \u00b7 6hrs ag Trump fires top military officers - including America's\u2026 See more versions Sky News \u00b7 8hrs ag Starmer to set date to increase defence spending during Trump\u2026 See more versions Evening Standard \u00b7 What Apple's encryption feature being axed means for See more versions MailOnline \u00b7 21mins With the far right surging, Germany's elections will be\u2026 See more versions iNews \u00b7 8hrs ago Click here to view more Follow Daily Mail Subscribe Daily Mail Follow @DailyMail Follow Daily Mail Follow @dailymailuk Follow Daily Mail 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 28/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 29/46 Ben's children are falling apart Made In Chelsea star the reality series after five years following multiple failed romances and revealing they find filming 'draining 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 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 30/46 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 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 'Fragile' Ben Affleck reveals dating plans after being left 'exhausted' by 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 31/46 Jennifer Lopez break- up 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' 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' Sophie Habboo lifts the lid on Made In Chelsea set secrets as she details wardrobe disaster 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' Ugly Betty star Eric Mabius accused of shock act against 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 32/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 33/46 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 Pamela Anderson 'begged her sons for forgiveness' after being 'sexualised' during her career 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 34/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 35/46 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 Katie Price's ex Kris Boyson becomes a dad 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 36/46 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 37/46 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 Amy Schumer's warning about Ryan Reynolds as she secretly chatted to Blake Lively at SNL50 event 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 38/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 39/46 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, 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' 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 40/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 41/46 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 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 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 42/46 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 Jennifer Lopez poses with handsome man at a lavish beach restaurant as she brushes off criticism following Dubai concert 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! 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 Kyle Richards and Morgan Wade lean on each other after supporting Teddi Mellencamp following brain tumor surgery 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 43/46 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 Meghan Markle faces yet another battle in her lifestyle venture as 'reeling' 'As Ever' boss reveals he's seeking legal advice 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 Today's headlines Most Read Revealed: The four men who 'preyed' upon teenage soldier who was hounded to her death while trying to... Daisy May Cooper is embroiled in bitter \u00a330,000 row with her landlady after painting her Farrow and Ball... Girl, three, dies after 'being hit by van that had smashed into tram' in Manchester city centre 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 -... Where is Coronation Street star Chris Fountain now? After career-ending scandal left the actor in depths of... Owner of Harry Potter Airbnb left heartbroken after guests smash furniture and leave brown stains on bed 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... 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 44/46 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 The secret daytime tier list revealed: From bitchy feuds, mean comments and cruelty of the daytime sofa... Our family was on Escape To The Country - the enforced a secret ban behind the scenes and we got a nasty... REVEALED: Haunting final words of husband suspected of shooting wife dead outside a pub on Valentine's Day... Adam Pearson's perfect response after troll asked him if he was going to the circus instead of the BAFTAs Angels are real have seen them all my life: Here's the signs you should look out for, writes Israeli hostage kisses his Hamas captive on the head as he and two other prisoners are handed over in highly... Police are 'increasingly concerned' for missing runner Jenny Hall, 23, last seen four days ago - as huge... Vatican gives update on Pope Francis as pneumonia-stricken leader remains in hospital Revealed: The sneaky European airports that are miles away from the cities they're named after PICTURED: Dave Grohl's secret love child: Mother of his baby daughter born out of wedlock is finally... Moments from disaster last smiling selfie on doomed MH17, the final leap of a bike stuntman and a... Mark Wright and his pregnant wife Michelle Keegan enjoy lunch date as couple put on a brave face following... How a surgeon accused of abusing 300 children kept 70 life-sized child dolls under his floorboards... and... Billionaire Issa brothers suffer setback over plans to build Britain's biggest Muslim cemetery Doctor reveals little-known signs you could have a heart attack at any minute Calculator reveals areas where you're most likely to die of cancer - where does rank? 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... Our healthy mom wanted one final cocktail on our perfect vacation - she made sure it killed her Is this the ugliest building in Britain? Filthy, fly-tipped and abandoned snooker hall has become a hotel... Revealed: The mileage threshold that wipes the most value off your car 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| 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 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'... Jane Seymour, 74, names five things she does every day to stay young looking (hint: one is taking an elixir) The swanky London restaurants introducing minimum spends in crackdown on 'reservation-squatting' social... I've been on Ozempic for 2 years... what happened to me and my warning to anyone taking it Is there anyone left on Team Blake? As her bitter dispute with Justin Baldoni intensifies, fans - and even... Zelensky surrenders to Trump and 'will sign mineral deal within hours' 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 texted David to get a man's perspective on my humiliating betrayal. His answer enraged me - and bureaucrats spark fury after warning coffee is 'DANGEROUS' to humans and ban caffeine in pesticides How plane food is really made: Inside the incredible 'kitchen city' that makes meals for the world's best... Of course it's bonkers to say Ukraine started the war. But here's what think Donald Trump's trying to... 'You Ain't My Mother!' Michelle Ryan won't return to EastEnders: Soap star who shot to fame as Zoe Slater... What is Apple's data protection tool? The controversial encryption feature being axed - and what it means Back to top Home News Royals U.S. Sport Showbiz Femail Health Science Money Travel Podcasts Shopping 2/22/25, 7:46 Fordham professor fired over accusations he masturbated during Zoom lecture student filmed suing \| Daily Mail Online 46/46", "8807_106.pdf": "From Casetext: Smarter Legal Research Morin v. Fordham Univ. United States District Court, S.D. New York Mar 7, 2023 21 Civ. 7909 (NSR) (S.D.N.Y. Mar. 7, 2023) Copy Citation Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free 21 Civ. 7909 (NSR) 03-07-2023 MORIN, Plaintiff, v ROBINSON; and FORGEY, Defendants S. ROMAN, United States District Judge S. ROMAN, United States District Judge: Sign In Search all cases and statutes... Opinion Case details 2/22/25, 7:46 Morin v. Fordham Univ., 21 Civ. 7909 (NSR) \| Casetext Search + Citator 1/4 On November 24, 2021, Defendant Fordham University (\u201cDefendant Fordham\u201d) and Defendant Mary Anne Forgey (\u201cDefendant Forgey\u201d) submitted a joint letter requesting leave to file a separate motion to dismiss from that of Defendant Howard Robinson (\u201cDefendant Robinson No. 41.) By same-day memorandum endorsement, this Court granted this application and directed Defendant Fordham University and Defendant Forgey to serve and file a collective motion to dismiss, whereas Defendant Robinson was to serve and file a separate, individual motion to dismiss No. 42.) The parties filed their respective briefing papers as follows: Plaintiff's opposition was filed on January 21, 2022 No. 45); Defendants Fordham University and Forgey their collective motion to dismiss and reply on February 4, 2022 Nos. 51-54); and Defendant Robinson's individual motion to dismiss and reply on February 4, 2022 Nos. 48-50). The Court granted in part, and denied in part, Defendants' motion to dismiss No. 55). Specifically, the Court dismissed the following claims without prejudice: (1) Title sexual harassment against Defendant Fordham University; (2) Title hostile environment against 2 Defendant Fordham University; (3 against Defendant Robinson; (4) Section 1983 against Defendant Robinson; (5 against Defendant Forgey; and (6) Section 1983 against Defendant Forgey No. 55.) The Court also ordered that Plaintiff had until October 28, 2022 to file an amended complaint and noted that in the event Plaintiff failed to timely file an amended complaint, the original complaint would remain the operative complaint and those claims dismissed without prejudice would be deemed dismissed with prejudice. (Id.) 2 On October 28, 2022, the Court granted Plaintiff's request to file an amended complaint by December 2, 2022 No. 57.) Plaintiff, however, failed to file an amended complaint by December 2, 2022. Thus, it is Plaintiff's claims that the following claims that the Court formerly dismissed without prejudice are deemed dismissed with prejudice: (1) Title sexual harassment against Defendant Fordham University; (2) Title hostile environment against Defendant Fordham University; (3 against Defendant Robinson; (4) Section 1983 against 2/22/25, 7:46 Morin v. Fordham Univ., 21 Civ. 7909 (NSR) \| Casetext Search + Citator 2/4 Defendant Robinson; (5 against Defendant Forgey; and (6) Section 1983 against Defendant Forgey. Finally, the Clerk of the Court is kindly directed to terminate the individual Defendants Howard Robinson and Mary Ann Forgey from this action, as there are no longer any claims pending against them.1 1 The Court further notes that although Defendant Forgey filed a joint Verified Answer with Defendant Fordham No. 58) to Plaintiff's Complaint No. 8), Defendant Forgey herself recognizes in this Answer that, in light of the Court's Opinion regarding Defendants' motions to dismiss No. 55), \u201cthere are now no pending claims against [her].\u201d (See No, 58 1). Thus, the Court has directed that she be terminated from this action ORDERED. About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/22/25, 7:46 Morin v. Fordham Univ., 21 Civ. 7909 (NSR) \| Casetext Search + Citator 3/4 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, 7:46 Morin v. Fordham Univ., 21 Civ. 7909 (NSR) \| Casetext Search + Citator 4/4", "8807_108.pdf": "1 ONE............................................ 2 IS.............................................. 3 25 In the Matter of the Application of ROBINSON, Petitioner, - against UNIVERSITY, Index \u2116. 812584/2021E Hon Justice of the Supreme Court Respondent, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules The following papers numbered 1 to 72__ were read on these motions (Seq. No. 1) for Article 78 (Body or Officer) noticed on _November 22, 2021 _and duly submitted as Nos. on the Motion Calendar of _January 23, 2023 Sequence No Doc. Nos. Notice of Motion \u2013 Exhibits and Affidavits Annexed 1-7 Cross Motion \u2013 Exhibits and Affidavits Annexed Answering Affidavit and Exhibits, Memorandum of Law 54-69 Reply Affidavit 71-72 This petition is decided in accordance with the accompanying memorandum decision. Dated: ___________ Hon. _______________________ Mary Ann Brigantti 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 1 of 14 21, 2023 1 In the Matter of the Application of ROBINSON, Petitioner, - against UNIVERSITY, Respondent, For a Judgment Pursuant to Article 78 of the Civil Practice Laws and Rules and Index No. 812584/2021E Upon the foregoing papers, the petitioner Howard Robinson (\u201cPetitioner\u201d) seeks a judgment pursuant to Article 78 of the CPLR, vacating the decision of the respondent Fordham University (\u201cRespondent\u201d), finding Petitioner responsible for sexual misconduct and then firing him. Respondent moved pre-answer to dismiss the petition pursuant to 7804(f) and 3211(a)(1) and (7). By decision and order dated November 9, 2022 (the \u201cPrior Order\u201d), this Court denied Respondent\u2019s motion and directed it to file an answer. Respondent thereafter answered the petition and submitted new affidavits and additional exhibits in opposition. Petitioner submitted an affirmation and memorandum of law in reply. The pertinent facts of this matter and summary of the complete investigative record are outlined in the Prior Order which is incorporated by reference. Standard of Review \u201cIn [CPLR] article 78 proceedings, \u2018the doctrine is well-settled, that neither the Appellate Division nor the Court of Appeals has power to upset the determination of an administrative tribunal on a question of fact; \u2026 the courts have no right to review the facts as to weight of evidence, beyond seeing to it that there is \u2018substantial evidence\u2019\u201d (Matter of Pell, 34 N.Y.2d at 230 [cleaned up]). \u201cThe approach 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 2 of 14 2 is the same when the issue concerns the exercise of discretion by the administrative tribunal: The courts cannot interfere unless there is no rational basis for the exercise of discretion or the action complained of is \u2018arbitrary and capricious\u2019\u201d (Matter of Pell v. Board of Education of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974] [cleaned up]). Determinations are considered arbitrary if they are \u201cwithout sound basis in reason\u201d and \u201cgenerally taken without regard to the facts\u201d (id. at 231; see also Wander v. St. John\u2019s Univ., 147 A.D.3d 1009 [2d Dept. 2017]). In other words, the test \u201crelates to whether a particular action should have been taken or is justified\u201d and whether the action \u201cis without foundation in fact\u201d (Pell at 231 [cleaned up article 78 proceedings are considered the \u201cappropriate vehicle\u201d for challenging employment determinations made by colleges and universities, \u201cbecause they ensure that the over-all integrity of the educational institution is maintained and, therefore, protect more than just the individual\u2019s right to employment\u201d (Klinge v. Ithaca College, 244 A.D.2d 611, 613 [3rd Dept. 1997], citing Gray v. Canisius College of Buffalo, 76 A.D.2d 30 [4th Dept. 1980]). However, the amount of judicial intervention is \u201climited in scope\u201d due to the \u201crecognition of the special skills and sensitivities required in managing an academic institution\u201d (id.). Therefore, \u201c[j]udicial scrutiny, while greater than that provided in cases involving at-will employment, is limited to determining \u201c \u2018\u2026whether the institution has acted in good faith or [whether] its action was arbitrary or irrational\u2019\u201d (id., citing Gray, 76 A.D.2d 30, quoting Tedeschi v. Wagner Coll., 49 N.Y.2d 652, 658 [1980]). In the context of a terminated university employee, an article 78 proceeding can challenge \u201cwhether the employer contravened any of its own rules or regulations\u201d (O\u2019Neill v. New York Univ., 97 A.D.3d 199, 213 [1st Dept. 2012], quoting Matter of Hanchard v. Facilities Dev. Corp., 85 N.Y.2d 638, 641-42 [1995]). In other words, \u201c[t]he standard of review is whether the employer \u2018substantially abided by its own policies in terminating petitioner\u2019s employment\u2019\u201d (id., quoting Hancard at 642; see also 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 3 of 14 3 Matter of Lai v. St. John\u2019s Univ., 155 A.D.3d 627 [2d Dept. 2017]; see also Matter of Constantine v. Teachers Coll., 85 A.D.3d 548 [1st Dept. 2011]). While the employer need not perfectly adhere to every procedural requirement to demonstrate substantial compliance, multiple failures can, taken together, constitute a lack of substantial compliance (Matter of Doe v. Skidmore Coll., 152 A.D.3d 932, 935 [3rd Dept. 2017 university\u2019s disciplinary decision may also be annulled where the determination lacks a rational basis (Doe v. Cornell University, 163 A.D.3d 1243, 1245 [3rd Dept. 2018]). \u201cWhen a university has not substantially complied with its own guidelines or its determination is not rationally based upon the evidence, the determination will be annulled as arbitrary and capricious\u201d (Hyman v. Cornell University, 82 A.D.3d 1309, 1310 [3rd Dept. 2011][emphasis added], citing Matter of Warner v. Elmira Coll., 59 A.D.3d 909, 910 [3rd Dept. 2009], and Basile v. Albany College of Pharmacy of Union University, 279 A.D.2d 770, 771 [3rd Dept. 2001], lv. denied, 96 N.Y.2d 708 [2001 determination that is only supported by a \u201cmere scintilla of evidence sufficient to justify a suspicion is not sufficient to support a finding upon which legal rights and obligations are based\u201d (Matter of Chiano, 26 A.D.2d 469, 473 [1st Dept. 1966]; see also Basile, 279 A.D.2d at 771; Fain v. Brooklyn College of City University of New York, 112 A.D.2d 992, 994 [2d Dept. 1985]). Applicable Law and Analysis (A) Respondent\u2019s Decision to Adjudicate this complaint under its \u201cNon-Title IX\u201d Procedure rendered its disciplinary determination Arbitrary and Capricious This Court adheres to its prior reasoning and finds that Respondent improperly adjudicated this complaint under its \u201cnon-Title IX\u201d procedure instead of its \u201cTitle IX\u201d procedure complaint is adjudicated under Respondent\u2019s \u201cTitle IX\u201d procedure where, as relevant here, the complained-of conduct constitutes \u201c[u]nwelcome conduct that a reasonable person would consider so severe, pervasive 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 4 of 14 4 and objectively offensive that it effectively denies a person equal access to a University education program or activity\u201d (Sexual and Related Misconduct Policy and Procedures For the Fordham University Community at p. 10 [the \u201cPolicy\u201d]). This definition mirrors the definition of \u201csexual harassment\u201d found in the amended federal regulations (34 106.30[a]). As noted in the Prior Order, whether gender-oriented harassment is actionable under Title \u201cdepends on a constellation of surrounding circumstances, expectations and relationships including \u2026 the age of the \u2026 victim and number of individuals involved\u201d (Davis v. Monroe County Board of Education, 526 U.S. 629, 651 [1999]). The alleged behavior must \u201cbe serious enough to have a systemic effect of denying the victim equal access to an education program or activity\u201d (id. at 652). The Davis Court noted that the relationship between the accuser and the accused is relevant to determining whether a single instance of misconduct could have such a \u201csystemic effect on a program or activity\u201d to satisfy the \u201cpervasiveness\u201d element of the definition (id. at 653). \u201cPeer harassment, in particular, is less likely to satisfy these requirements than is teacher-student harassment\u201d (id.). \u201c[A] single event could meet the standard of pervasiveness if it were \u2018sufficiently threatening or repulsive, such as a sexual assault\u2019\u201d (T.Z. v. City of New York, 634 F.Supp.2d 263, 270 [E.D.N.Y. 2009][collecting cases]; compare Martinetti v. Mangan Dist Ct NY, No. 17-CV-5484, Karas, J. 2019][\u201c\u2026a single instance of sexual harassment is typically insufficient to establish liability under Title unless \u2018the conduct consists of extreme sexual assault or rape\u2019\u201d][internal citation omitted]). These cases and the regulations, however, do not specifically exclude single-instance, non-sexual assault or rape circumstances from the definition of \u201csexual harassment.\u201d This case does not involve \u201cpeer harassment\u201d since the complainant was a student, and the respondent was her professor. The complainant alleged that her professor masturbated in front of her while teaching a class over Zoom while other students were in breakout rooms. After receiving the 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 5 of 14 5 complaint and before any investigation took place, Respondent suspended Petitioner without pay, suspended his email access, and barred him from entering the campus. While Respondent may have been permitted to do this under the terms of the applicable collective bargaining agreement, these actions nevertheless indicate that Respondent considered the conduct to be severe enough as to warrant such extreme measures. Respondent\u2019s answering papers do not provide information explaining what factors are normally followed when determining whether an accused faculty member is suspended without pay, suspended from email, and barred from campus pending an allegation of misconduct. In addition, the complainant filed a federal lawsuit against Respondent under Title which alleged inter alia severe emotional distress, further underscoring that the complained-of conduct \u201ceffectively den[ied] [the victim] equal access to the recipient\u2019s education program or activity\u201d (34 \u00a7106.30[a]). Respondent\u2019s decision to adjudicate this matter as a \u201cnon-Title IX\u201d violation of its sexual misconduct Policy indisputably afforded Petitioner less due process protections when compared to what he was entitled to under a \u201cTitle IX\u201d adjudication. If the \u201cTitle IX\u201d procedure was followed, Respondent would have been required to hold a live hearing with the opportunity for cross-examination of the other parties or witnesses in real time (34 \u00a7106.45[b][6][i]). Despite the fact that his career, reputation, and livelihood were at stake, Petitioner was denied the opportunity to ask questions of his accuser, which the Supreme Court has recognized to be a \u201c \u2018significant and critical right\u2019 \u201d (Matter of Doe 1 v. State Univ. of N.Y. at Buffalo, 219 A.D.3d 1663, 1664 [4th Dept. 2023], quoting Matter of A.E. v. Hamilton Coll., 173 A.D.3d 1753, 1755 [4th Dept. 2019]; Chambers v. Mississippi, 410 U.S. 284, 295 [1973]). This Court therefore finds that Respondent\u2019s failure to follow the \u201cTitle IX\u201d procedure rendered its subsequent disciplinary determination arbitrary and capricious (id 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 6 of 14 6 Even assuming arguendo that Respondent properly followed the \u201cnon-Title IX\u201d procedure, it failed to substantially comply with its Policy by (1) failing to apply a \u201cpreponderance of the evidence\u201d standard during the investigation, and (2) failing to provide the subject video to Petitioner at the outset of the investigation. (B) Respondent failed to apply a \u201cpreponderance of the evidence\u201d as Required by the Policy The Policy requires Respondent to apply a \u201cpreponderance of the evidence\u201d standard in determining the facts of an investigation \u2013 \u201ci.e., that it is more likely than not that the alleged misconduct occurred\u201d (Policy, Section VIII, Part [d][4][ii], at page 42). In addition, the accused respondent is \u201cpresumed not to have violated the Policy and Procedures until an outcome is issued\u201d (id., Part C[d][4][i]). When applying the standard of review, the evidence submitted in support of a charge or claim must \u201cappeal to the decision maker as more nearly representing what took place than the evidence opposed\u201d to the charge or claim (New York Pattern Jury Instructions 7:28). \u201cIf the evidence in support of a claim does not outweigh the evidence opposed to it, or if the evidence weighs so evenly that the decision-maker is unable to say there is a preponderance on either side, there must a finding against the party who had the burden of proof on that question\u201d (id university\u2019s failure to adhere to its stated preponderance of the evidence standard during a disciplinary proceeding can be considered a breach of the investigative policy published by the university (see, e.g., Doe v. Syracuse University Dist. Ct NY, 5:18-CV-377 at 11 Hurd, J., 2019]). The court\u2019s review is limited to whether \u201cthere was enough evidence which, if believed, could have supported the University\u2019s decision\u201d (Doe v. Colgate University NY, 5:15-CV-1069, 2017 4990629, 11-12, Kahn, J., 2017], aff\u2019d, 760 F. App\u2019x 22, 30 [2d Cir. 2019]). In this case, after considering Respondent\u2019s answer and the additional affidavits submitted in opposition to the petition, this Court adheres to the findings contained in the Prior Order 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 7 of 14 7 Vice Provost Jonathan Crystal (\u201cCrystal\u201d)\u2019s January 26, 2021 outcome letter (the \u201cOutcome Letter\u201d) specifically found it more likely than not that Petitioner: (1) used his hands to masturbate while on Zoom call of September 10, 2020, while the complainant was in the class and other students were in breakout rooms, and (2) Petitioner was \u201cshaking aggressively, saying \u2018Oh fuck yeah\u2019 multiple times, grunting, breathing heavily, and grinding [his] teeth\u201d while he and the complainant were in the Zoom class, with his computer camera on and his chest and upper arms and top of his head visible, and while the other students in the class were in breakout rooms. One of Crystal\u2019s \u201cmost significant\u201d findings in support of the determination was the video recording itself that depicted Petitioner grunting, clenching his teeth, breathing irregularly, and making movements that \u201csuggest[ed]\u201d Petitioner was \u201cin fact, masturbating,\u201d and the \u201cbreakout session lasted long enough\u201d for Petitioner to masturbate. As noted in the Prior Order, however, the conduct as depicted in the video did not alone satisfy the definition of \u201csexually explicit activity\u201d as prohibited under the Policy. The video did not depict any actual masturbation or nudity, and Petitioner\u2019s hands are not visible. In addition, while the Outcome Letter upheld the conduct alleged in charge \u201c(b)\u201d of the complaint regarding Petitioner\u2019s alleged derogatory utterances, Crystal made no specific finding confirming that the video depicted Petitioner saying \u201c \u2018Oh fuck yeah\u2019 multiple times.\u201d Moreover, the investigative record reveals that the complainant was in fact prompted by Petitioner to join a breakout room with the rest of her classmates, as indicated by a large prompt appearing on screen that partially obscures Petitioner\u2019s face during the video. Complainant, for her own reasons, did not click on that prompt as directed that would have sent her away from the main Zoom room with Petitioner. As previously noted by this Court, besides the inconclusive video, Respondent pointed to no other proof which, if believed, would have supported a finding that Petitioner was, more likely than not, masturbating in front of the complainant. Respondent instead placed the burden on Petitioner to explain 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 8 of 14 8 his conduct on the video and prove he was not masturbating. Petitioner did so by explaining to the investigator that he was experiencing a powerful urge to urinate as exacerbated by \u201cFlomax\u201d medication that he had been prescribed to treat an enlarged prostate. Petitioner supported these contentions with medical records from various treating physicians, and Respondent had the opportunity to interview Petitioner\u2019s wife who further confirmed this medical condition. Petitioner also explained that the video depicted him suppressing an urge to urinate while he was trying to compose an email to send to his students with a PowerPoint attachment. According to the Outcome Letter, Crystal did not dispute Petitioner\u2019s medical condition but found that it did not credibly explain Petitioner\u2019s conduct on the video. According to Crystal, the explanation was not credible because Petitioner failed to follow through with an email. Specifically, Petitioner failed to send the email he was purportedly writing to his students and did not offer evidence that the email was urgent and needed to be sent immediately. The investigative record, however, revealed that Petitioner, in fact, did send an email with a PowerPoint attachment at 10:19AM \u2013 the time when he was allegedly masturbating on camera (Investigative Record at HR000125) - yet although what Petitioner stated was a mistake, he only sent the email to himself and not his students. Thus, regardless of the reason why he was composing the email or to whom it was sent, the factual record showed that Petitioner was using his hands to type an email with an attachment at the precise time that he was recorded allegedly manipulating his genitals. Petitioner also stated that he could be heard audibly typing and using his mousepad during the video \u2013 something that the Outcome Letter and the supplemental affidavit submitted by Crystal do not address or refute. Crystal further found that Petitioner\u2019s credibility was lacking because, contrary to his statements, the other students interviewed during the investigation reported that Petitioner did not join their breakout rooms on September 10. Respondent\u2019s Title Coordinator and investigator Kareem Peat (\u201cPeat 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 9 of 14 9 however, only interviewed three (3) out of the nineteen (19) students who were in the class that day. One student stated that he was fairly sure that Petitioner did not join their breakout rooms. Another stated Petitioner \u201ccouldn\u2019t figure out\u201d how to join the breakout rooms, and another was not even in class that day. As will be expanded on infra, the record demonstrates that Petitioner had not viewed the video prior to his initial investigative interview with Peat. Once he was permitted to see the video, Petitioner explained it refreshed his memory as to the \u201ctimeline\u201d of pertinent events, which had occurred some weeks prior to the investigation. In any event, the Outcome Letter did not explain how the alleged inconsistency in Petitioner\u2019s recollection of joining the students\u2019 breakout rooms supported a finding that he was masturbating- something not directly shown on the video. At both of his interviews, Petitioner stated that he suffers from erectile dysfunction, he has very low libido and low testosterone, he has depression and diabetes, which all effect his ability to have erections. Petitioner\u2019s wife was interviewed and told the investigator, among other things, that Petitioner had a low libido and his erectile dysfunction made sexual intercourse impossible. Petitioner also submitted his medical records from various physicians documenting his decreased libido and erectile dysfunction. Crystal did not dispute Petitioner\u2019s medical condition, but he nevertheless conclusorily determined that it was more likely than not that Petitioner was masturbating in class, because in his opinion, \u201cneither erectile dysfunction nor low libido prevents a person from manipulating or attempting to manipulate their genitals in a sexual manner\u201d (Investigative Record at HR000582), and his determination was supported by Ms. Robinson\u2019s statement that she and Petitioner engaged in \u201ccuddling\u201d and mutual \u201cstroking\u201d during their anniversary on June 12, 2020 (id.). Since Respondent did not meaningfully weigh unrebutted exculpatory evidence in making its determination, the Court finds that it failed to properly apply the \u201cpreponderance of the evidence\u201d standard as required by its Policy 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 10 of 14 10 (C) Respondent deviated from its Policy by failing to provide the Subject Video to Petitioner at the Outset of its Investigation Respondent\u2019s Policy states: \u201c[t]he parties are provided an opportunity to review and present relevant evidence meaningful opportunity to respond to the evidence includes providing reasonable opportunity to provide responsive evidence and information. The opportunity to review evidence is subject to applicable federal, state, and local laws\u201d (Policy, Section VIII, Part [d][4][iii], at page 42). The complained-of incident occurred on September 10, 2020. Petitioner was first interviewed by Peat several weeks later, on October 5, 2020. At the onset of this proceeding, Respondent was in possession of the video recording made by the complainant depicting Petitioner\u2019s conduct on September 10. Petitioner was not shown the video recording at this initial interview, and he was unaware of its existence. It was not until October 26, 2020, that Petitioner was provided with the video and had an opportunity to respond to it. Petitioner was therefore denied a meaningful opportunity to review and respond to the critical evidence in this case \u2013 the video taken by the complainant- at the outset of this investigation. As noted above, the video constituted the sole piece of affirmative evidence purportedly demonstrating that Petitioner was masturbating in front of the complainant. Indeed, the Outcome Letter and Respondent\u2019s answering submissions make clear that the termination decision was largely based on Petitioner\u2019s conduct depicted on the video which \u201csuggest[ed]\u201d that Petitioner was \u201cin fact, masturbating\u201d and Respondent upheld the allegation that Petitioner was using sexually-charged language (despite the absence of evidence or a specific confirmation of that allegation). Nevertheless, Petitioner was not afforded the opportunity to view this critical piece of evidence before he was first interviewed by Respondent\u2019s investigator 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 11 of 14 11 This deviation from the Policy prejudiced Petitioner. The Outcome Letter notes that Petitioner\u2019s explanations \u2013 including the unrefuted medical evidence - for his behavior on video were not credible. In an affidavit Doc.# 71) Crystal states that the change in Petitioner\u2019s account from October 5 to October 26 made him question Petitioner\u2019s credibility as he \u201cdid not think Petitioner\u2019s claims and explanations, or lack thereof, were consistent with the record.\u201d At the time of his October 5 interview, however, Petitioner was unaware of the video and he did not recall anything unusual about that day which was nearly one month earlier, and he had taught more than one section of the same class (Petition at 40). It was not until he saw the video prior to October 26 that his recollection was refreshed as to what occurred that day and the timeline of events (Record at HR000022). Nevertheless, Petitioner\u2019s differing accounts of what occurred that day were used against him in resolving this disciplinary proceeding. Had Respondent been given the opportunity to review the main piece of evidence supporting the complaint before his October 5, 2020 interview, he would have had a chance to meaningfully respond to the allegations in the complaint. The above-described deviations demonstrate that Respondent did not substantially comply with its Policy during the investigative and adjudication phases of this disciplinary proceeding (see generally Matter of Doe v. Skidmore College, 152 A.D.3d 932; see also A.E., 173 A.D.3d 1753; see generally Mozdziak v. State University of New York Maritime College, 210 A.D.3d 491, 491 [1st Dept. 2022]). (D) Respondent\u2019s Determination Lacks a Rational Basis Administrative determinations must be rationally based on the evidence and \u201c[a] mere scintilla of evidence sufficient to justify a suspicion is not sufficient to support a finding upon which legal rights and obligations are based\u201d (Matter of Chiano, 26 A.D.2d at 473 [cleaned up]). Respondent\u2019s determination was based on a video that did not provide direct evidence that Petitioner was 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 12 of 14 12 masturbating. The investigative record demonstrates that Petitioner was typing an email during the time he was allegedly masturbating. There is no other affirmative evidence supporting a finding that Petitioner was masturbating. Respondent made this determination notwithstanding unimpeached medical evidence that Petitioner suffered from an enlarged prostate and had frequent powerful urges to urinate, he has a low libido and cannot achieve an erection. Respondent further upheld the charge in the complaint that Petitioner said \u201c \u2018Oh fuck yeah\u2019 multiple times\u201d even though this was not depicted in the video and no such finding was actually made in the Outcome Letter. That Petitioner could possibly still manipulate his genitals, and the fact that he engaged in some intimacy with his wife on their anniversary, on this record is precisely the sort of \u201cscintilla of evidence to justify a suspicion\u201d that Petitioner was masturbating \u2013 which is insufficient to find that a determination had a rational basis. \u201c\u2026[I]f the college or university makes its determination not in the exercise of its sound and honest discretion but rather in bad faith or in a manner which is arbitrary and capricious, this action \u2018could never receive the sanction of a court in which even the semblance of justice was attempted to be administered\u2019\u201d (Matter of Gray, 76 A.D.3d at 34, quoting People ex rel Cecil v. Bellevue Hospital Medical College, 60 Hun 107, N.Y.Sup. Gen Term, 1891, aff\u2019d on opn below, 128 N.Y. 621 [1891]). Conclusion Accordingly, it is hereby and ADJUDGED, that the petition is granted, and it is further and ADJUDGED, that Respondent\u2019s determination finding Petitioner responsible for sexual misconduct and terminating his employment is annulled, and it is further and ADJUDGED, that Petitioner is reinstated to his faculty position, and it is further 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 13 of 14 13 and ADJDUGED, that Petitioner is awarded salary withheld from him from the date of his termination through the date of his reinstatement. This constitutes the Decision, Order, and Judgment of this Court Dated: _________________ _____________________________ Mary Ann Brigantti 12/21/2023 03:38 NO. 812584/2021E DOC. NO. 73 NYSCEF: 12/21/2023 14 of 14 21, 2023"}
8,933	Michael Bolliger	California State University - Sacramento	[ "8933_101.pdf", "8933_102.pdf", "8933_101.pdf", "8933_102.pdf" ]	{"8933_101.pdf": "", "8933_102.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. Date(s) of Incident Complainant Status Respondent Name Respondent Position Incident Description Outcome Fall 2018 Student Melissa McTernan Faculty Violation of the Consentual Relationship policy under 1097 Pursuant to Settlement Agreement, suspension without pay from 11/15/19 to 5/20/2020. Respondent voluntarily resigned while serving suspension. Spring 2019 Student Daniel Amare Faculty Sexual harassment (unwelcomed advances) After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and stalking After Respondent's appointment ended, Respondent was not reappointed as a lecturer Fall 2019 Student Marc Foster Faculty Sexual harassment (unwanted comments of a sexual nature) and retaliation. After Respondent's appointment ended, Respondent was not reappointed as a lecturer Spring 2019 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20. Fall 2018 Faculty David Swim Faculty Sexual harassment (unwanted comments of a sexual nature) Pursuant to Settlement Agreement, Respondent voluntarily resigned on 9/30/20."}
8,680	Richard Balander	Michigan State University	[]	{}
7,605	Duane Hill	Texas Tech University	[ "7605_101.pdf", "7605_102.pdf", "7605_103.pdf", "7605_104.pdf", "7605_105.pdf" ]	{"7605_101.pdf": "by: James Clark Posted: May 1, 2018 / 02:06 Updated: May 1, 2018 / 06:37 Texas Tech University on Tuesday released a Title report concerning a former professor who resigned when he was confronted with allegations of sexual misconduct. The report said, \u201cFrom August 2012 to March 30, 2018, Duane Hill (Prof. Hill) was the Associate Director of Bands, the Director of Athletic Bands, and the camp director of Band and Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 23 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 1/32 Orchestra Camp.\u201d Hill directed the Goin\u2019 Band, the Court Jesters, and the Concert Band, according to the report student came forward in January to complain about Hill communicating inappropriately through an app. All of the students within the scope of the investigation were male. The report concluded that Hill on more than one occasion used social media to send videos or photos of himself engaged in a particular sexual act. On one occasion, the report said Hill requested a student send him a nude photo and the student complied. The professor described, according to the report, what he wanted to do while looking at the nude photo. The report said there was a perception by some of the students that those who went along with Hill would get preferential treatment and better assignments. The perception among some students was also failure to go along with Hill \u201cmight negatively affect their opportunities both in school and thereafter.\u201d \u201cWhile these were perceptions voiced by a number of students, no evidence was presented to demonstrate that these perceptions went beyond conjecture,\u201d the report said. The report said it appears that grades and assignment were based on merit. The report said Hill had consensual encounters and/or relationships with students but also had non-consensual sexual communications with students. The report said these non- consensual communications created a hostile environment and violated Texas Tech\u2019s policy against sexual harassment. Not all sexual relationships between Texas Tech professors and students are forbidden, but they are forbidden when it creates a conflict of interest or a potential abuse of power. Among the conclusions of the report, \u201c\u2026 His inappropriate communications and encounters created real conflicts of interest as well as the appearance of conflicts of interest.\u201d It said Hill violated Texas Tech\u2019s operating procedure regarding sexual harassment > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 2/32 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 / 20 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 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 3/32 Which earbuds are best for phone calls / 21 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. Best quiet box fan > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 4/32 / 21 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews Lubbock 3-year-old celebrates 3 years with new heart > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 5/32 Top Stories Hamas frees all 6 hostages in the latest exchange offers resolution on war in Ukraine that\u2019s \u2026 Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 New Director Kash Patel plans to move up to 1,500 \u2026 Trump-Putin summit preparations are underway, Russia \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Rich in cash, Japan automaker Toyota builds a city \u2026 Everyone agrees kids are safer flying in their own \u2026 More Stories > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 6/32 Daily Local News Enter Your Email Back-to-back hurricanes more likely to happen: Study Newsfeed Now 2 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 7/32 Al-Qaida chief\u2019s \u2018pattern of life\u2019 was key to death Newsfeed Now 3 years ago Bike tours raising awareness for bone marrow registry National 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 8/32 180 days in jail possible for ski pass fraud National 3 years ago Watch: 4 mountain lions prowl neighborhood National 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 9/32 Good Samaritan helps rescue kids from icy pond National 3 years ago What\u2019s next in \u2018unprecedented \u2019 case of truck driver \u2026 Newsfeed Now 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 10/32 Could new tech crack the JonBenet Ramsey case? News 3 years ago Newsfeed Now: Biden unveils $1.75 trillion spending \u2026 Newsfeed Now 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 11/32 View All Newsfeed Now Newsfeed Now: Democrats push to wrap up negotiations \u2026 Newsfeed Now 3 years ago \| EverythingLubbock.com Video > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 12/32 More Videos > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 13/32 Texas Tech baseball drops home opener Sports 9 hours ago LUBBOCK, Texas \u2014 For the first time since 1982, Texas Tech baseball starts the season 0-4 after falling to UC-Irvine 6-4 in Friday\u2019s home opener at Rip Griffin Park. Three of Texas Tech\u2019s four runs came via the homer starting with a leadoff shot from Kyeler Thompson in the bottom of the first inning to > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 14/32 What are bonds & what do they mean for Lubbock voters? Local News 12 hours ago When voters head to the polls, a lot of times, there is an option to vote on a bond. Most recently, Lubbock voters approved a $103.4 million road bond that will fund seven projects across the city > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 15/32 Texas Tech softball prepares for larger crowds Local News 12 hours ago Texas Tech softball will host the Jeannine McHaney Memorial Classic this weekend, and the athletics department expects huge crowds > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 16/32 HIGHLIGHTS/REACTION: No. 5 Monterey holds off No Sports 13 hours ago LUBBOCK, Texas \u2014 The fifth-ranked Monterey Lady Plainsmen punched their ticket to the Class 5A Division semifinals with a 58-52 victory over eighth-ranked Argyle. The Lady Plainsmen jumped out to a fast start in this one, leading 14-4 after the first quarter, but it was timely free throws late to push Monterey to the > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 17/32 How to look at the Lubbock jail roster? Local News 11 hours ago LUBBOCK, Texas\u2014 The Lubbock Jail Roster is a free publicly available resource for residents. Here\u2019s how to navigate: First, locate the Lubbock County Roster front page at the link here and click the Lubbock Jail Roster. Next, the link should bring you to the page listed below, where you can also categorize by in custody > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 18/32 When will we see later sunsets on the South Plains? Local News 15 hours ago LUBBOCK, Texas\u2014 Sunset times have been getting later each day of February by nearly a minute as we approach Daylight Savings, but the question remains: When will we see a later sunset on the South Plains? According to a social media post by Chief Meteorologist Jacob Riley, the answer is a lot sooner than you > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 19/32 featured on Naismith Coach of the Year watchlist Red Raider Nation 17 hours ago Note: The video above reflects top headlines from the morning of February 21, 2025. LUBBOCK, Texas\u2014 On Friday afternoon, Texas Tech basketball coach Grant McCasland made the 2025 Werner Ladder Naismith Men\u2019s Coach of the Year watch list. The list also features another Big 12 member, Houston\u2019s Kelvin Sampson. With only five games left in > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 20/32 seek help identifying suspects connected to homicide Local News 12 hours ago LUBBOCK, Texas \u2014 The Lubbock Metropolitan Special Crimes Unit asked for the public\u2019s help on Friday to identify the suspects involved in an altercation in connection with a weekend homicide. Please see the photo below: Lubbock Police were initially called to the 1200 block of Jarvis Street at 11:20 p.m. on Saturday, Feb. 15 for > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 21/32 See the cutest baby squirrel on Wildlife Friday Local News 18 hours ago LUBBOCK, Texas \u2014 This Wildlife Friday, Sarah brings us a baby squirrel from South Plains Wildlife Rehabilitation Center. Watch Wildlife Friday on the video above > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 22/32 Stacey Anne is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Stacey Anne, KLBK\u2019s Pet of the Day, is about four months old and is in the gentle, dainty play group. Those interested in adoption or fostering should contact in person or at 806-775- 2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 23/32 Amber is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Amber is KLBK\u2019s Pet of the Day. She loves to smile and is almost a year old. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 24/32 Guard is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Guard is KLBK\u2019s Pet of the Day. He is about five months old and is part of the gentle, dainty group. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 25/32 Jessica is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Jessica is about four months old and got to the shelter in mid-January. Her adorable puppy energy would be the perfect addition to your family. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 26/32 List: South Plains winners at San Antonio Livestock \u2026 Local News 18 hours ago Several South Plains members took home winning titles on Thursday during the 2025 Market Lamb Auction at the San Antonio Livestock Exposition > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 27/32 View All Local News Final sled hill event of the season in Levelland Local News 18 hours ago LEVELLAND, Texas \u2014 The City of Levelland invited the public to its final sled hill event of the season at Lobo Lake Park, Friday through Sunday. During winter months Levelland\u2019s Parks Department makes snow for citizens to enjoy. Sled hill hours will be: \u201cOur goal is to move toward a more self-supervised hill during open Storms Close Out the Weekend Weather for Lubbock and South Plains 3 months ago athletes suffer burns after \u2018punishment\u2019 from \u2026 Local News 4 months ago Shock devices found at illicit racetrack in Levelland Local News 5 months ago Lubbock parents jailed after baby found severely \u2026 Lubbock 5 months ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 28/32 Brownfield family loses baby girl to serious disease Local News 5 months ago family hosts last ride for 22-year-old in fatal \u2026 Local News 5 months ago Here are Amazon\u2019s #1 bestsellers this week Holiday 3 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 5 days ago The best Presidents Day deals on Amazon today Holiday 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 5 days ago The best Presidents Day deals to shop now Holiday 5 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 29/32 News, weather, sports for Lubbock and the South Plains News Weather Sports Contests About Us Find It Fast Weekly Features Schedule View All Newsfeed Now Back-to-back hurricanes more likely to happen: Study Newsfeed Now 2 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 30/32 Jobs Mission Applications Contact Us About Our Ads Report Public FIles Public File Nexstar Certification NewsNation Now Video Center 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 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 31/32 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 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 32/32", "7605_102.pdf": "by: James Clark Posted: May 1, 2018 / 02:06 Updated: May 1, 2018 / 06:37 Texas Tech University on Tuesday released a Title report concerning a former professor who resigned when he was confronted with allegations of sexual misconduct. The report said, \u201cFrom August 2012 to March 30, 2018, Duane Hill (Prof. Hill) was the Associate Director of Bands, the Director of Athletic Bands, and the camp director of Band and Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 23 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 1/32 Orchestra Camp.\u201d Hill directed the Goin\u2019 Band, the Court Jesters, and the Concert Band, according to the report student came forward in January to complain about Hill communicating inappropriately through an app. All of the students within the scope of the investigation were male. The report concluded that Hill on more than one occasion used social media to send videos or photos of himself engaged in a particular sexual act. On one occasion, the report said Hill requested a student send him a nude photo and the student complied. The professor described, according to the report, what he wanted to do while looking at the nude photo. The report said there was a perception by some of the students that those who went along with Hill would get preferential treatment and better assignments. The perception among some students was also failure to go along with Hill \u201cmight negatively affect their opportunities both in school and thereafter.\u201d \u201cWhile these were perceptions voiced by a number of students, no evidence was presented to demonstrate that these perceptions went beyond conjecture,\u201d the report said. The report said it appears that grades and assignment were based on merit. The report said Hill had consensual encounters and/or relationships with students but also had non-consensual sexual communications with students. The report said these non- consensual communications created a hostile environment and violated Texas Tech\u2019s policy against sexual harassment. Not all sexual relationships between Texas Tech professors and students are forbidden, but they are forbidden when it creates a conflict of interest or a potential abuse of power. Among the conclusions of the report, \u201c\u2026 His inappropriate communications and encounters created real conflicts of interest as well as the appearance of conflicts of interest.\u201d It said Hill violated Texas Tech\u2019s operating procedure regarding sexual harassment > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 2/32 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 / 20 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 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 3/32 Which earbuds are best for phone calls / 21 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. Best quiet box fan > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 4/32 / 21 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews Lubbock 3-year-old celebrates 3 years with new heart > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 5/32 Top Stories Hamas frees all 6 hostages in the latest exchange offers resolution on war in Ukraine that\u2019s \u2026 Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 New Director Kash Patel plans to move up to 1,500 \u2026 Trump-Putin summit preparations are underway, Russia \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 Rich in cash, Japan automaker Toyota builds a city \u2026 Everyone agrees kids are safer flying in their own \u2026 More Stories > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 6/32 Daily Local News Enter Your Email Back-to-back hurricanes more likely to happen: Study Newsfeed Now 2 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 7/32 Al-Qaida chief\u2019s \u2018pattern of life\u2019 was key to death Newsfeed Now 3 years ago Bike tours raising awareness for bone marrow registry National 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 8/32 180 days in jail possible for ski pass fraud National 3 years ago Watch: 4 mountain lions prowl neighborhood National 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 9/32 Good Samaritan helps rescue kids from icy pond National 3 years ago What\u2019s next in \u2018unprecedented \u2019 case of truck driver \u2026 Newsfeed Now 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 10/32 Could new tech crack the JonBenet Ramsey case? News 3 years ago Newsfeed Now: Biden unveils $1.75 trillion spending \u2026 Newsfeed Now 3 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 11/32 View All Newsfeed Now Newsfeed Now: Democrats push to wrap up negotiations \u2026 Newsfeed Now 3 years ago \| EverythingLubbock.com Video > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 12/32 More Videos > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 13/32 Texas Tech baseball drops home opener Sports 9 hours ago LUBBOCK, Texas \u2014 For the first time since 1982, Texas Tech baseball starts the season 0-4 after falling to UC-Irvine 6-4 in Friday\u2019s home opener at Rip Griffin Park. Three of Texas Tech\u2019s four runs came via the homer starting with a leadoff shot from Kyeler Thompson in the bottom of the first inning to > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 14/32 What are bonds & what do they mean for Lubbock voters? Local News 12 hours ago When voters head to the polls, a lot of times, there is an option to vote on a bond. Most recently, Lubbock voters approved a $103.4 million road bond that will fund seven projects across the city > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 15/32 Texas Tech softball prepares for larger crowds Local News 12 hours ago Texas Tech softball will host the Jeannine McHaney Memorial Classic this weekend, and the athletics department expects huge crowds > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 16/32 HIGHLIGHTS/REACTION: No. 5 Monterey holds off No Sports 13 hours ago LUBBOCK, Texas \u2014 The fifth-ranked Monterey Lady Plainsmen punched their ticket to the Class 5A Division semifinals with a 58-52 victory over eighth-ranked Argyle. The Lady Plainsmen jumped out to a fast start in this one, leading 14-4 after the first quarter, but it was timely free throws late to push Monterey to the > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 17/32 How to look at the Lubbock jail roster? Local News 11 hours ago LUBBOCK, Texas\u2014 The Lubbock Jail Roster is a free publicly available resource for residents. Here\u2019s how to navigate: First, locate the Lubbock County Roster front page at the link here and click the Lubbock Jail Roster. Next, the link should bring you to the page listed below, where you can also categorize by in custody > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 18/32 When will we see later sunsets on the South Plains? Local News 15 hours ago LUBBOCK, Texas\u2014 Sunset times have been getting later each day of February by nearly a minute as we approach Daylight Savings, but the question remains: When will we see a later sunset on the South Plains? According to a social media post by Chief Meteorologist Jacob Riley, the answer is a lot sooner than you > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 19/32 featured on Naismith Coach of the Year watchlist Red Raider Nation 17 hours ago Note: The video above reflects top headlines from the morning of February 21, 2025. LUBBOCK, Texas\u2014 On Friday afternoon, Texas Tech basketball coach Grant McCasland made the 2025 Werner Ladder Naismith Men\u2019s Coach of the Year watch list. The list also features another Big 12 member, Houston\u2019s Kelvin Sampson. With only five games left in > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 20/32 seek help identifying suspects connected to homicide Local News 12 hours ago LUBBOCK, Texas \u2014 The Lubbock Metropolitan Special Crimes Unit asked for the public\u2019s help on Friday to identify the suspects involved in an altercation in connection with a weekend homicide. Please see the photo below: Lubbock Police were initially called to the 1200 block of Jarvis Street at 11:20 p.m. on Saturday, Feb. 15 for > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 21/32 See the cutest baby squirrel on Wildlife Friday Local News 18 hours ago LUBBOCK, Texas \u2014 This Wildlife Friday, Sarah brings us a baby squirrel from South Plains Wildlife Rehabilitation Center. Watch Wildlife Friday on the video above > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 22/32 Stacey Anne is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Stacey Anne, KLBK\u2019s Pet of the Day, is about four months old and is in the gentle, dainty play group. Those interested in adoption or fostering should contact in person or at 806-775- 2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 23/32 Amber is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Amber is KLBK\u2019s Pet of the Day. She loves to smile and is almost a year old. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 24/32 Guard is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Guard is KLBK\u2019s Pet of the Day. He is about five months old and is part of the gentle, dainty group. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 25/32 Jessica is KLBK\u2019s Pet of the Day! Local News 18 hours ago LUBBOCK, Texas \u2014 Jessica is about four months old and got to the shelter in mid-January. Her adorable puppy energy would be the perfect addition to your family. Those interested in adoption or fostering should contact in person or at 806-775-2057 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 26/32 List: South Plains winners at San Antonio Livestock \u2026 Local News 18 hours ago Several South Plains members took home winning titles on Thursday during the 2025 Market Lamb Auction at the San Antonio Livestock Exposition > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 27/32 View All Local News Final sled hill event of the season in Levelland Local News 18 hours ago LEVELLAND, Texas \u2014 The City of Levelland invited the public to its final sled hill event of the season at Lobo Lake Park, Friday through Sunday. During winter months Levelland\u2019s Parks Department makes snow for citizens to enjoy. Sled hill hours will be: \u201cOur goal is to move toward a more self-supervised hill during open Storms Close Out the Weekend Weather for Lubbock and South Plains 3 months ago athletes suffer burns after \u2018punishment\u2019 from \u2026 Local News 4 months ago Shock devices found at illicit racetrack in Levelland Local News 5 months ago Lubbock parents jailed after baby found severely \u2026 Lubbock 5 months ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 28/32 Brownfield family loses baby girl to serious disease Local News 5 months ago family hosts last ride for 22-year-old in fatal \u2026 Local News 5 months ago Here are Amazon\u2019s #1 bestsellers this week Holiday 3 days ago Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 5 days ago The best Presidents Day deals on Amazon today Holiday 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 5 days ago The best Presidents Day deals to shop now Holiday 5 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 29/32 News, weather, sports for Lubbock and the South Plains News Weather Sports Contests About Us Find It Fast Weekly Features Schedule View All Newsfeed Now Back-to-back hurricanes more likely to happen: Study Newsfeed Now 2 years ago > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 30/32 Jobs Mission Applications Contact Us About Our Ads Report Public FIles Public File Nexstar Certification NewsNation Now Video Center 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 > Next > Next story in > Next story in 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 31/32 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 2/22/25, 7:47 Tech Professor Violated Procedure with Sexual Advances on Students, Report Says 32/32", "7605_103.pdf": "former-tech-band-director/article_b0d7db90-4ce8-11e8-a61f-6b1ae2b93064.html Report details complaints of sexual harassment, sexual assault against former Tech band director By: Michael A. Cantu News Editor Apr 30, 2018 Title Final Report regarding Complaints of Sexual Harassment & Conflicts of Interest against Duane Hill By Tyler Arnold Graphic Designer Editor's Note: The Daily Toreador reached out to university officials for comment and were told to refer back to the report for specific information. The also attempted to reach out to Hill but he did not respond back before this article was published. 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 1/6 Texas Tech\u2019s Office of Equal Opportunity and the Title Administrator have released a report detailing complaints by students against Duane Hill, former associate director of bands. The report details instances of inappropriate behavior between Hill and students within the School of Music, mainly in the Goin\u2019 Band from Raiderland. Most of the complaints stem from his interactions with students when he would send them explicit photos through the social media app Snapchat. The report, which was finalized on April 12, found that Hill violated four Tech operating polices: Sexual Harassment, Sexual Assault, Sexual Misconduct and Title Policy and Complaint Procedure; Conflict of Interest and Commitment Policy; Faculty, Staff and Student Conflict of Interest; and Promotion and Tenure Standards and Procedure. The investigation was initiated on Jan. 12 by an unnamed freshman music education major, according to the final report. The student contacted the Director of Bands and Interim Director of the School of Music to tell them he received inappropriate messages from Hill via Snapchat. The student was able to provide them copies of the communication and, on Jan. 17, the Title Office was notified of the interactions. \u201cOn January 19, 2018, during the course of a separate Title investigation which did not involve Prof. Hill, a different student informed the Office of Equal Opportunity investigators that the Goin\u2019 Band Director, Prof. Hill, had been sending flirtatious and sexually suggestive communications to male students in the band that on occasion included pictures of his genitalia,\u201d the report stated. From there, 37 students were interviewed by both the Equal Opportunity and Title offices, one of which was the student who lodged the initial complaint before the investigation began. Twenty-nine of those students were current or former students in the School of Music and eight were not music majors but still in the Goin\u2019 Band. The report also found all students who received inappropriate messages were males that varied on sexual orientation, ethnicities and appearances. \u201cMany students noticed that while the initial comments may have been innocuous, they were concerned because they were receiving the messages very late at night, i.e. between 11 p.m. and 4 a.m.,\u201d the reported stated. \u201cHowever, some of the students reported that their conversations went beyond what was innocuous or appropriate for a faculty member and became sexual in nature.\u201d 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 2/6 The most recent communications came during the 2017-2018 semester break when Hill communicated with five students, according to the report. One of the communications came within days of the Birmingham Bowl game on Dec. 23, when Tech played against the University of South Florida. Hill sent a Snapchat message to the student asking if he saw his penis, according to the report. The student wrote back saying he had not ever seen Hill's penis. The report stated Hill also asked when the student was going to come back to Lubbock from the break and if he wanted to hang out. It also goes on to state that he shared photos of other students with him, but there was no conclusive evidence proving Hill actually shared other students' photos. Another interaction was in early January when Hill messaged a student and asked if he was still awake. That student did not respond to six messages, one of which included the phrase really wanna see what\u2019s under them blankets,\u201d according to the report. The student also said Hill mentioned he had seen him on the dating app Grindr and asked if he could send nude pictures of himself. \u201cThe student responded that he wasn\u2019t into that and did not send pictures to Prof. Hill,\u201d the report stated. \u201cThe student has not received further messages from Prof. Hill since that night.\u201d Those instances were the most recent ones mentioned in the report. However, the report dates some interactions back to Fall 2014. One student recalled having received numerous inappropriate messages from Hill and would ignore him. \u201cWhen the student ignored the messages, they would stop for a while and then begin again,\u201d the report stated. \u201cAt some point in time, the messages included nude photos and masturbation videos.\u201d Other students who were interviewed during the investigation reported getting masturbation videos through Snapchat as well but did not report it because they were afraid it would ruin Hill\u2019s career, according to the report student went on record saying he did not want to confront Hill because he did not want to fall out of good graces with him. 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 3/6 The report also detailed Hill\u2019s interactions through the Grindr app. Though he had an account on the app, he used a blank profile picture. However, one student reported that while he was interacting with Hill \u2013 something he did not know at the time \u2013 he recognized him through a private message photo Hill sent. \u201cThe two individuals then exchanged nude pictures. Later in the communication, Prof. Hill sent a picture which included his face,\u201d the report stated. \u201cThe student then sent Prof. Hill a picture with his face, and the communication on Grindr ended.\u201d Many students also expressed their concerns with knowing Hill had a tendency to send explicit messages to students, according to the report. Some felt it was hard to respect him; one student did not participate in marching band because he did not want to be around Hill; and another student felt it was hard to be around Hill because he felt he was being flirted with. But there were also concerns that stemmed from past instances former, unnamed, dean of students had investigated prior anonymous complaints regarding Hill, according to the report. Other faculty members raised concerns with Hill after he started in 2012 because of his friendliness with other students. \u201cHaving known Prof. Hill during his transition from student to graduate teaching assistant to faculty, several faculty and/or staff members recalled that early on in his position as the band director, they had discussed with Prof. Hill the need for him to be aware of the professional line between himself and students to avoid overly friendly relationships with students,\u201d the report stated. In instances of instructors being overly friendly with students, the responsibility of reporting falls more onto those who witness interactions, Kimberly Sim\u00f3n, Title administrator with the Office of the President, said. But if there is any reason for the Title office to believe there are problems, they may ask around and see if there is any way to initiate the investigation, Sim\u00f3n said. \u201cBut if we don\u2019t know, it\u2019s not really in our purview or we don\u2019t feel like it\u2019s our role to go snooping around for those sorts of things,\u201d Sim\u00f3n said. 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 4/6 The report stated there were two anonymous reports submitted through the Campus Climate Report which was put out in Fall 2016. Those reports made claims that Hill was sending inappropriate messages to students and suggested the university look into it and take action. When asked about the climate report, though, Hill \"categorically denied\" the accusations against him, according to the report. Once investigators met with Hill on Feb. 28 to interview him for their report, he was cooperative confirmed the allegations students made against him, according to the report. Around that time, he had also taken a hiatus from social media because he was experiencing some personal issues after his grandmother\u2019s death in the fall. He did concede that on outlets like Instagram or Snapchat he would comment on posts and stories that he saw from his students, according to the report. \u201cHe confirmed that some of these \u201csnaps\u201d were late in the evening/early morning,\u201d the report stated. \u201cIn retrospect, he recognized that his use of social media as a method of communicating with his students led to informal and less professional communications.\u201d One of the investigators in this case explained the evidence that was collected found him in clear violation to Tech\u2019s policies, to which Hill agreed, according to the report. On March 19, an email was sent out from the School of Music informing students Hill had submitted his resignation, effective March 30, according to a previous article in The Daily Toreador. Hill\u2019s reason for resigning was not specified, only that he was leaving due to personal reasons. The notice of his resignation was sent out nearly a month before the final report was made public. Because of standards set by those who conduct investigations, subjects are allowed to pull themselves out of the middle of it, Sim\u00f3n said. Therefore, Title investigations are sent the the appropriate parties once finalized, but are not meant to reprimand anyone. \u201cEven if that party does withdraw themselves or remove themselves, our investigation continues,\u201d Sim\u00f3n said. 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 5/6 Stick with The as it continues to look into this investigation Responsible Reporting: Title administrator lays out complaint filing process Music school faculty announce resignation of Duane Hill, associate director of bands 2/22/25, 7:48 Report details complaints of sexual harassment, sexual assault against former Tech band director \| News \| dailytoreador.com 6/6", "7605_104.pdf": "Texas Tech report details alleged unwelcome communication from former Goin' Band director Karen Michael Media Published 6:13 p.m May 4, 2018 Texas Tech recently released a final 25-page report from a Title and Office of Equal Opportunity investigation of a former Goin' Band director stating that unwelcome communications from the director to students interfered with education and created a hostile or intimidating educational environment. Duane Hill was the associate director of bands, director of athletic bands and camp director of the Band and Orchestra Camp from August 2012 until March 30 of this year. He was interim associate director of bands from 2010 until 2012. The report states Hill's communications through social media had the effect of interfering with the educational performance of some students and that the communications created an intimidating, hostile or offensive educational environment. The university received two separate complaints about Hill's behavior via Snapchat, an instant messaging and photo sharing application. Ultimately, investigators interviewed 37 current or former Tech students, in addition to faculty and staff. The bulk of the students were music performance or music education majors, but eight were simply members of the Goin' Band. The report states all of the students agreed in interviews that they heard rumors Hill communicated with students in a way that was inappropriate, including sending nude photos. Most of the students said they had either received communications from Hill or had viewed communications other students had received via Snapchat from Hill. Many of the students said the comments were initially innocuous, but came late at night between 11 p.m. and 4 a.m. Some students reported the conversations were inappropriate for a faculty 2/22/25, 7:48 Texas Tech report details alleged unwelcome communication from former Goin' Band director 1/3 member and became sexual in nature. Some conversations started through Grindr, a geosocial networking app geared towards gay or bisexual men, according to the report. The report states all of the students who received inappropriate messages were male. There was a perception among some students that if Hill were attracted to a student, he might receive preferential treatment, assignments or opportunities within the band. There was also concern that if students failed to respond, their opportunities could be negatively affected. The report states no evidence was presented to demonstrate those perceptions were true. Many students stated they did not want to cause any harm to Hill because they liked him, according to the report. \"This personal affinity for Prof. Hill was the main reason that students had not previously reported their concerns about his activities,\" the report states. Some students expressed concern Hill's behavior would be harmful to the Goin' Band's reputation. More than one faculty member told investigators the complaints and rumors about Hill were out of character. In February, investigators met with Hill to advise him of the complaint and the investigation process. Later that month, he met with them and first denied all of the allegations. When shown screenshots and video from the investigation, he confirmed they were authentic, according to the report. The report states Hill also confirmed he had sexual encounters with men he met through Grindr who may have been students, and with some men he had known as students previously. Hill told investigators he made \"poor decisions\" and \"dropped the ball.\" He also said he believed that, unless a student was currently enrolled in his class, it was \"OK\" to communicate with them or have sex with them. He said upon reflection, he had been naive about the amount of influence he had over students and in the School of Music as a whole. Tech has rules against sexual harassment, sexual assault, sexual misconduct and Title policies and complaint procedures. It defines unwelcome sex-based written conduct as when submission is made explicitly or implicitly a term or condition of employment or education; when submission to rejection of such conduct is used as a basis for decisions affecting 2/22/25, 7:48 Texas Tech report details alleged unwelcome communication from former Goin' Band director 2/3 employment or education; or when such conduct has the effect of interfering with an individual's work or educational performance or of creating an intimidating, hostile or offensive work or educational environment. The conduct must be severe, persistent or pervasive to constitute that sort of environment. Even if the relationship is welcome or consensual, Tech has policies prohibiting relationships between faculty and students when the relationships constitute a conflict of interest. \"Employees shall avoid acts that are improper or give the appearance of impropriety,\" a Tech operating policy states. Consensual relationships between faculty and students are expressly prohibited when a student is in the faculty member's class, when the faculty member has a supervisory or instructional connection with the student, or when the faculty member is in a position of perceived authority, according to the Tech operating policy. The regents rules for the entire system also address these issues, stating employees should avoid any actions that would create the appearance that they were violating the law or ethical standards. The regents rules also state institutions should also avoid breaching the public trust, in particular by behavior that would discredit or embarrass the university. Investigators stated that Hill was fully cooperative, and very distressed that he let down the university and his department. They stated he was most remorseful that his actions may have put students in a bad position. Hill resigned in March after the investigation but prior to the completion of the report. 2/22/25, 7:48 Texas Tech report details alleged unwelcome communication from former Goin' Band director 3/3", "7605_105.pdf": "22\u00b0 Lubbock \uf0c9 Livestream News Video (KCBD) - Texas Tech University has just released the details of a sexual harassment investigation that led to the resignation of former Associate Director of Bands Duane Hill. Hill resigned on March 30 following an investigation that began with a complaint from an unnamed student on Jan. 12. The student told administrators that they \"had received inappropriate and sexually suggestive communications from Prof. Duane Hill via Snapchat.\" The report, which was finalized on April 12, states that Hill violated four Tech operating polices: Sexual Harassment, Sexual Assault, Sexual Misconduct and Title Policy and Complaint Procedure; Conflict of Interest and Commitment Policy; Faculty, Staff and Student Conflict of Interest; and Promotion and Tenure Standards and Procedure. The report states, \"On January 9, 2018, during the course of a separate Title investigation which did not involve Prof. Hill, a different student informed the Office of Equal Opportunity investigators that the Goin' Band Director, Prof. Hill, had been sending flirtatious and sexually suggestive communications to male students in the band that on occasion included pictures of his genitalia.\" Report details accusations of sexual harassment, sexual assault against former band director Duane Hill (Provided by Texas Tech University) By Digital Updated: May. 1, 2018 at 5:36 2/22/25, 7:48 Report details accusations of sexual harassment, sexual assault against former band director 1/4 Hill was associate director of bands from August 2012 through March 30, 2018. Several male students told investigators they had received inappropriate messages from Prof. Hill. The report includes details of sexually explicit communications between Prof. Hill and five male students, along with descriptions of explicit communications between Prof. Hill and other students going back to 2012. One student recounted receiving an unsolicited video of masturbation from Prof. Hill's Snapchat followed by a message that said, 'oMy bad meant to send that to someone else.\" The report states: \"Although a lot of students were aware of the inappropriate communications by Prof. Hill, he stated there was a general reluctance on the part of students to 'blow the whistle' because they liked him so much.\" Copyright 2018 KCBD. All rights reserved. Most Read Daily Sport \| Sponsored High Tally \| Sponsored Articles Stone \| Sponsored My Dad Asked, 'Is Your Allowance Sufficient Replied, 'What Allowance?' 30 photos that really make you think If You See Coin In Your Car Door Handle, Walk Away Designer Handbags \| Search ads \| Sponsored Luxury Jewelry \| Sponsored Many Women from Dera Bakha Might Be Buying Designer Handbags Laser Hair Removal \| Search Ads \| Sponsored Laser Hair Removal In Pakistan: Prices May Surprise You Learn More Pakistan: Jewelry On Sale For Half Price (See Price List \uf144 Food for Thought: 2 low performers, 2 top performers this week \uf057 2/22/25, 7:48 Report details accusations of sexual harassment, sexual assault against former band director 2/4 \uf144 Beloved Lubbock pediatrician, Dr. Doug Klepper, uses penguin to announce retirement \uf144 Reward offered for information after deadly shooting in north Lubbock \uf144 Hoop Madness Playoff Scores & Highlights for Thursday, Feb. 20 \uf144 90 confirmed measles cases reported across West Texas \uf144 Target is being sued for its 2023 Pride Month collection City of Amarillo announces mutual parting agreement with Chief Birkenfeld Condemned South Carolina killer chooses to be executed by firing squad \uf057 2/22/25, 7:48 Report details accusations of sexual harassment, sexual assault against former band director 3/4 Public Inspection File Report Applications [email protected] - 806-744-1414 Closed Captioning/Audio Description Advertising Digital Marketing Terms of Service Privacy Policy 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 Weather Sports About Us Contests Careers 9810 University Ave. Lubbock 79423 (806) 744-1414 2/22/25, 7:48 Report details accusations of sexual harassment, sexual assault against former band director 4/4"}
7,833	Ricardo Romo	University of Texas ‚Äì San Antonio	[ "7833_101.pdf", "7833_102.pdf", "7833_103.pdf", "7833_104.pdf", "7833_105.pdf", "7833_106.pdf", "7833_107.pdf" ]	{"7833_101.pdf": "17\u00b0 Wichita Falls \uf0c9 Watch Live News Weather (AP) - An investigation by the University of Texas System has determined Ricardo Romo violated sexual harassment policies when he served as president of the University of Texas at San Antonio. University records obtained by the San Antonio Express-News ( ) show three women who worked under Romo described his hugging as \"disgusting\" and even physically hurtful report submitted by an investigator says Romo expressed surprise when told that one of his employees found the hugs inappropriate. Romo was placed on leave in February and then resigned weeks later, ahead of his pending retirement. The System had not previously released details of the allegations against Romo. Romo's attorney, Ricardo Cedillo, says the investigation was deeply flawed and amounted to a \"character assassination.\" Information from: San Antonio Express-News, Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Report: Ex-UT-San Antonio head engaged in sexual harassment Updated: Mar. 21, 2017 at 1:00 2/22/25, 7:50 Report: Ex-UT-San Antonio head engaged in sexual harassment 1/2 \uf057 Public Inspection File Report 940-322-6957 - [email protected] Applications Terms of Service Privacy Policy American Spirit Media Advertising Customize An American Spirit Media, LLC. Station - \u00a9 2003-2025 American Spirit Media, LLC. Home News Weather Sports About Us Watch Live 3601 Seymour Highway Wichita Falls 76309 (940) 322-6957 2/22/25, 7:50 Report: Ex-UT-San Antonio head engaged in sexual harassment 2/2", "7833_102.pdf": "Former president's hugs were 'disgusting, perverted employee says in documents Investigation documents give detail to allegations brought against Ricardo Romo Adrian Garcia, Digital Journalist Dillon Collier, Investigative Reporter Published: July 14, 2017 at 12:48 Tags: Trending, Local, Texas, San Antonio, News \u2013 Documents obtained on Friday by the 12 Defenders through an open records request reveal former President Ricardo more likely than not \u201cengaged in activities which constitute sexual misconduct and sexual harassment.\u201d 10 advisories in effect for 10 regions in the area Video: Former Video Presid\u2026 Video: Students reac\u2026 Video: Ricardo Rom baseball takes\u2026 Video Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 1/17 The University of Texas at San Antonio released documents showing the internal investigation that led Romo to be placed on administrative leave Feb. 14, 2017 President Ricardo Romo placed on administrative leave According to the documents first received \u201can anonymous complaint on its hotline\u201d on Jan. 5, 2017, alleging that Romo \u201csexually harassed a female employee in the president\u2019s office.\u201d On Jan. 20, 2017, \u201can anonymous letter was received by Chancellor McRaven alleging that president Romo was stalking and harassing a female employee in the president's office,\u201d according to the investigation. Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 2/17 Download this 1 of 7 \ue9c6\ue9a2 Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 3/17 Download this 1 of 5 \ue9c6\ue9a2 Shortly after the two complaints were made and the Chancellor's Office forwarded the allegations to System Compliance for further investigation of Romo. The investigation of Romo determined that at least one other victim came forward after she saw articles about Romo's suspension. According to an executive summary of the investigation, evidence supported that it was \"more likely than not that President Romo engaged in sexual misconduct against\" three separate employees. After numerous witnesses were interviewed, investigators interviewed Romo on Feb. 13, 2017, one day before he was placed on administrative leave. Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 4/17 president Ricardo Romo issues statement regarding leave According to the documents, \u201cEmails between president Romo and the employees\u201d along with \u201cphotographs of the employees saved on president Romo's computers\u201d were reviewed, supporting the notion the then-president Romo engaged in sexual misconduct. The investigation documents indicate Romo regularly requested frontal hugs from employees that they were uncomfortable with, even after they told Romo to stop. One of the complaints said Romo responded, \u201cYou know I\u2019m like that\u201d after she told him to stop, according to the investigation. \u201cPresident Romo expected the employees to hug him regularly and on special occasions as well,\u201d accounts from witnesses in the documents said. \u201cThe employees feared that they could lose their jobs if they confronted him and asked him to stop.\u201d According to the investigation, the duration of the conduct lasted \u201capproximately two years to four years.\u201d Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 5/17 Download this 1 of 2 \ue9c6\ue9a2 One of the employees told investigators Romo\u2019s hugs were \u201cdisgusting, perverted,\u201d and that Romo \u201calways squeezed her back as tight as he could so that her chest was pressed up to his for a few very uncomfortable seconds.\u201d Three days after he was placed on administrative leave, Romo released a statement saying the investigation centers \"on a complaint brought by an employee against the university and me personally,\" and he \"wholeheartedly agreed\" with being placed on leave. In September 2016, Romo announced he planned on retiring in August 2017 following two decades with the university. Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 6/17 KSAT.COM: Ricardo Romo steps down, retires as president However, Romo stepped down as president and retired from UTSA, effective immediately, on March 3, 2017 TWITTER: @dilloncollier Romo is the fifth and longest serving president in UTSA\u2019s 47-year history and its first Hispanic president. On June 30, 2017, The University of Texas System Board of Regents named T. Taylor Eighmy as a sole finalist for UTSA\u2019s new president Regents name president finalist Below is a timeline of Romo's tenure as president: Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 7/17 \| 1994 \| 1995 \| 1996 \| 1997 \| 1998 \| 1999 \| 2001 \| 2002 2 \| 2000 \ue605Romo beco TimelineJS \ue631 \ue632 \ue969 \ue63e -------------------------------------------------------- Don't miss a thing. Get email alerts from KSAT12 today. Get alerted to news events as they happen or sign up for a scheduled news headline email that is delivered right to your inbox. Breaking news, severe weather, daily forecasts, entertainment news, all of the day\u2019s important events to keep you up to date wherever you are. Advertisement Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 8/17 Sign up today. It's Free. Copyright 2017 by - All rights reserved Adrian Garcia email Dillon Collier Emmy-award winning reporter Dillon Collier joined Investigates in September 2016. Dillon's investigative stories air weeknights on the Nightbeat and on the Six O'Clock News. Dillon is a two-time Houston Press Club Journalist of the Year and a Texas Associated Press Broadcasters Reporter of the Year. email facebook twitter instagram Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 9/17 Marketplace Sell Your Items - Free to List Visit Full Marketplace Duluth Trading Men's Button Mock-Neck Jacquard Fleece Sweats... $34 E. \| sellwild.com Baby Female Border Collie Bicolor A. \| sellwild.com GIFT: Apple AirPod 2nd Generation $100 W. \| sellwild.com #1 3D Scanner Pop 3 $500 W. \| sellwild.com Tom\u2019s Shoes 6.5 Silver /Rainbow $14 R. \| sellwild.com Large Adidas Mens Black Pullover Hoodie Sweatshirt DQ3096 $24 B. \| sellwild.com Powered by Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 10/17 Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 11/17 \u2018Neglected and violated\u2019: Tire tracks stretch across graves at West Side cemetery Man, 43, critically injured in suspected road rage shooting says Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 12/17 Unwanted toppings found on food at San Antonio restaurant; employees refuse to answer questions Suspect accused of fatally shooting teen in revenge plot accepts plea deal Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 13/17 Ron D. Six years ago today the mass shooting on Delaney Ranch was the top news story. Never forget! Ron Delaney Write Comment.. Aaron Uhl Light accumulation, and it's still snowing. Write Comment.. Recommended Videos Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 14/17 Upgrade your travel and beauty routine with these Insider Deals Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 15/17 It\u2019s still only $65 to get a 1-year Costco Gold Star Membership, but now it comes with $20 to spend Email Newsletters Feeds Contests and Rules Contact Us Internships Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (210) 351-1200. At KSAT, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Copyright \u00a9 2025 KSAT.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 16/17 Advertisement This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Notice 2/22/25, 7:50 Former president's hugs were 'disgusting, perverted employee says in documents 17/17", "7833_103.pdf": "1h ago Ice forming near San Antonio as freezing rain continues to fall By and Silvia Foster-Frau, Staff Writer Updated March 5, 2017 7:51 p.m. UTSA\u2019s Romo resigns after being put on leave Newsletters Sign in 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 1/17 Ricardo Romo is no longer president of the University of Texas at San Antonio, opting to retire early just two weeks after he was placed on administrative leave during an investigation into his conduct. University President Ricardo Romo talks about his retirement during a news conference at the University Center at the University of Texas at San Antonio in September 2016. Carolyn Van Houten /Carolyn Van Houten #sanantonio drivers stunned as #truck hauls lumber Watch More 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 2/17 have been made aware that the manner in which embraced women made them uncomfortable and was inappropriate,\" Romo said in a statement Friday understand and respect Chancellor (William) McRaven's concerns about my behavior and deeply apologize for any conduct that offended anyone Article continues below this ad In a longer statement issued later Friday, Romo called the embraces \"abrazos\" and indicated he would have liked to apologize to the women who were offended personally. 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 3/17 \"That had no improper intent giving or receiving 'abrazos' is of no consequence,\" he said in the statement. \"If they were thought improper and offensive then they were, and but for a prohibition in contacting anyone involved would have already directly apologized.\" More For You Founder of San Antonio's first sustainable store has died North Texas takes massive layoff hit from Southwest Airlines Are San Antonio schools closed over winter storm? Bird Flu grows closer to San Antonio amid latest case San Antonio dedicates memorial way to honor late bishop 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 4/17 The announcement that Romo was retiring effective immediately instead of in August, as had been announced last year, was made by Steve Leslie, executive vice chancellor for academic affairs for the System. Pedro Reyes, formerly the Austin special assistant to the chancellor, will continue to serve as president until the university finds a replacement. Leslie said the university still plans to hire the next president by fall. Romo was placed on leave on Feb. 14 \"pending a review of allegations related to his conduct.\" Several sources close to the investigation said that the review was related to sexual harassment allegations System spokeswoman Jenny LaCoste-Caputo said the Office of General Counsel has closed the investigation. She declined to discuss details President Romo 'looks forward' to clearing his name 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 5/17 At the time he was put on leave, Romo said he looked forward to clearing his name Article continues below this ad Sources previously told the Express-News that Romo's chief of staff, Sonia Martinez, was placed on leave along with the president. They also said two staff members had been fired sometime earlier, possibly in retaliation for some unnamed action, but were subsequently rehired. No information about Martinez's situation or the other two staff members was available Friday. Friday, Romo wrote off any accusations beyond unwanted \"abrazos\" as falsehoods and rumors. He said he had been prepared to wage a legal battle had he been accused of anything beyond that. \"The chancellor is correct in establishing that there is no 'abrazo exception' for a 73- year-old retiring university president accept that this is the world we live in. But he has taken no action giving any false rumor or accusation credence. This would have fought without hesitation,\" he said in the second statement. Romo had announced last September that he would retire in August after 18 years as head of UTSA. After retirement, he had planned to work for a year with the Institute 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 6/17 of Texan Cultures as director of the Texas History Center. In his statement, Romo said he would no longer assume that position. Instead, he said, he would continue assisting with San Antonio's World Heritage designation efforts and the city's upcoming Tricentennial Celebration Article continues below this ad \"Falsehoods did not drive my decision to retire now made it clear to the Chancellor that was not afraid of the truth, and that would not run from a lie,\" he added in his second statement. Last month, community leaders close to Romo told the Express-News they were shocked by the allegations and said they would continue to support Romo. They also said they were disappointed by how the System had handled the situation. Judge Nelson Wolff said on Friday that he contacted Leslie to let him know his disappointment with how the whole process was handled. \"Being so close to retirement thought he should have been able to retire and, well, that's what they've done today. If that's what they had done to start with, it would have been better for everybody,\" he said. 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 7/17 Article continues below this ad Wolff is a close friend of Romo's and remains loyal. Romo's acknowledgment of embraces in the workplace made Wolff question whether the whole complaint was overblown don't think it's inappropriate to hug anybody do that all the time, women and men,\" he said. \"It's a tradition in the Hispanic community that you do that. The first thing you do when you come up to somebody is put your arm around them and give them a hug. Now if there's anything else beyond that don't know. It's just a tradition, one that participate in.\" \"There's nothing wrong with a hug. My god, if we get that far in society, we may end up never talking to each other,\" Wolff added. Wolff said Romo told him it was harmless hugs, the result of a cultural miscommunication, and Wolff believes him Article continues below this ad 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 8/17 \"But again don't know what the other side is. There's always two sides to every issue,\" he said. Meanwhile, Bonita Roberts, a St. Mary's University law professor who specializes in sexual harassment, said there shouldn't be hugs or excessive touching in the workplace. \"I'm not talking about a pat on the back or shaking hands, but an embrace or a hug is readily misconstrued, regardless of the person's intent, and that can lead to what you might call unintended consequences,\" she said. \"All employees ought to remember that behavior that is socially acceptable outside the work place might not inevitably be appropriate inside the workplace,\" she added Article continues below this ad 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 9/17 Wolff said Romo is still the same man he knew. \"In fact hope to be able to get together with them soon and have dinner,\" he said. On campus Friday afternoon, several students said they were shocked by the allegations and Romo's apology. Junior Daniela Ruiz said she thought it was appropriate for him to step down, considering the nature of the complaints and the impact they would have on campus culture if he had stayed. Senior Ivan Cuervo said he had always perceived Romo as a friendly president with good intentions. Over his four years at UTSA, he said he observed the school strengthen its academics, adding that he hopes the allegations do not tarnish Romo's legacy Article continues below this ad \"It's just sad to see him go this way,\" Cuervo said. 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 10/17 March 3, 2017 \| Updated March 5, 2017 7:51 p.m. and Silvia Foster-Frau In a statement also released Friday Chancellor William McRaven thanked Romo for his 18 years of service to and credited him with changing \"the culture of education in San Antonio wish him all the best,\" McRaven said. [email protected] Article continues below this ad [email protected] 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 11/17 The classic newspaper crossword gets a makeover Our new award-winning games from Puzzmo are a free, modern twist on the classic newspaper Cross\|word An approachable redesign to a classic, featuring exclusive weekday puzzles Flipa quick cracke puzzles Around The Web Powered by Find Useful Knowledge By Ethereal Search Engine Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice By Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time By 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 12/17 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 Take on a Challenge: Make Pasta Al Limone at Home By Five Reasons Your Car Insurance Rate Changes By Why Google Workspace for Business is Worth the Upgrade By The Close Relationship Between Stress and Sleep By 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 13/17 TheraGun's Prime percussion massager is 37% off today 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 14/17 Why I'm ditching my old binoculars for these ones with night vision 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 15/17 Save $161 on a massive 32-inch gaming monitor at Walmart 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 16/17 Bird Flu grows closer to San Antonio amid latest case Six Flags Fiesta Texas, SeaWorld San Antonio close over weather Blac Texa horro Let's Play Typeshift Really Bad Chess Bongo Flipart About Contact Services Quick Links \u00a9 2025 Hearst Newspapers Terms of Use Privacy Notice Industry Opt Out Your Privacy Choices (Opt Out of Sale/Targeted Ads) Top 2/22/25, 7:50 UTSA\u2019s Romo resigns after being put on leave 17/17", "7833_104.pdf": "Report: Ex San Antonio Head Engaged in Sexual Ha\u00adrassment 5:03 MAR. 21, 2017 University of Texas at San Antonio report shows former President Ricardo Romo violated several sexual harassment policies during his tenure. The report acquired by the San Antonio Express-News shows three women claimed Romo hugged them inappropriately. The report also says Romo was surprised when confronted about those allegations put Romo on leave last month while they investigated the claims, but didn't make the details public. He resigned a few weeks later President Ricardo Romo Placed on Administrative Leave 31 22, 2025 2/22/25, 7:50 Report: Ex San Antonio Head Engaged in Sexual Harassment 1/3 Romo had planned on retiring in August. His attorney called the investigation a character assassination. --- Join the Discussion: Follow Spectrum News San Antonio on Facebook & Twitter 31 22, 2025 2/22/25, 7:50 Report: Ex San Antonio Head Engaged in Sexual Harassment 2/3 \u00a9 2025, Charter Communications, all rights reserved. 31 22, 2025 2/22/25, 7:50 Report: Ex San Antonio Head Engaged in Sexual Harassment 3/3", "7833_105.pdf": "University of Texas System investigation into complaints of unwanted hugging by President Ricardo Romo concluded that his behavior \u201cmore likely than not\u201d violated the school\u2019s sexual harassment policies. Three female complainants, all of them Romo\u2019s employees, told investigators they found Romo\u2019s hugging \u201cdisgusting,\u201d \u201cperverted\u201d and even physically hurtful but feared they would get fired if they did not hug Romo, the report says. Ricardo Cedillo, Romo\u2019s lawyer, called the investigation \u201ca complete hatchet job,\u201d \u201cfatally flawed,\u201d and a \u201ccharacter assassination.\u201d The information gained in the probe \u201csupports the conclusion that President Romo engaged in sexual harassment and sexual misconduct against the victims,\u201d the report\u2019s executive summary stated. Romo was put on administrative leave with pay on Feb. 14 pending the investigation and resigned on March 3, when System officials said the investigation was closed. The report was sent from Trey Atchley, chief inquiry officer of the System and the lead investigator, to Chancellor William McRaven on Feb. 22. It was released Monday in response to an open records request by the Express-News. Read the whole story in ExpressNews.com or in Tuesday\u2019s Express-News. [email protected] President Romo\u2019s hugs were sexual harassment System report states Published 12:00 CST, March 21, 2017 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 7:50 President Romo\u2019s hugs were sexual harassment System report states 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 1 2 2/22/25, 7:50 President Romo\u2019s hugs were sexual harassment System report states News 2/3 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 Senate Republicans approve budget framework, pushing past Democratic objections after all-night vote 3 4 5 2/22/25, 7:50 President Romo\u2019s hugs were sexual harassment System report states News 3/3", "7833_106.pdf": "President Ricardo Romo resigns after sexual harassment investigation In a statement, Romo said that he had been made aware that the way he embraced women \"made them uncomfortable and was inappropriate 3, 2017 1 Less than a month after he was placed on leave for an investigation into his conduct, University of Texas at San Antonio President Ricardo Romo has resigned and admitted to inappropriately hugging women have been made aware that the manner in which embraced women made them uncomfortable and was inappropriate,\" he said deeply apologize for any conduct that offended anyone,\" he added System Executive Vice Chancellor Steve Leslie made the announcement in a short email to the campus community Friday. In a statement, Chancellor Bill McRaven said am grateful to President Ricardo Romo for the many accomplishments The University of Texas at San Antonio has achieved under his leadership. During his 18 years as president, he has put the University on a critical path toward Tier One status and changed the culture of education in San Antonio.\" He added know that Ricardo and Harriett look forward to continuing their special relationship with the San Antonio community wish him all the best.\" Romo had been planning to retire in August after 18 years leading the school. He said leaving immediately will \"eliminate the possibility of any distraction or disruption of the great work going on at UTSA.\" Romo said his initial plan upon retiring had been to work with UTSA's Institute of Texan Cultures. Now, that won't happen, he said. He'll instead continue to help Editor's note: This story has been updated throughout. 2/22/25, 7:50 President Ricardo Romo resigns after sexual harassment investigation \| The Texas Tribune 1/2 plan San Antonio's upcoming Tricentennial Celebration. \"My love for is profound and there are no better students anywhere in America,\" he said wish all Roadrunners the very best in their journeys as continue to find new opportunities to serve my beloved San Antonio in the future search for Romo's replacement was already underway, and school officials have said they hope to have a new president in place by Sept. 1. In the meantime, Pedro Reyes, special assistant to the chancellor and an education policy professor at UT- Austin, has been serving as interim president. Disclosure: The University of Texas System and the University of Texas at San Antonio have been financial supporters of The Texas Tribune complete list of Tribune donors and sponsors can be viewed here. Learn about The Texas Tribune\u2019s policies, including our partnership with The Trust Project to increase transparency in news. 2/22/25, 7:50 President Ricardo Romo resigns after sexual harassment investigation \| The Texas Tribune 2/2"}
8,995	Melvin Gene Tucker II	Michigan State University	[ "8995_101.pdf", "8995_102.pdf" ]	{"8995_101.pdf": "Mel Tucker Tucker with Georgia in 2018 Biographical details Born January 4, 1972 Cleveland, Ohio, U.S. Playing career 1990\u20131992 Wisconsin 1994 Wisconsin Position(s) Defensive back Coaching career unless noted) 1997\u20131998 Michigan State (GA) 1999 Miami (OH) (DB) 2000 (DB) 2001\u20132003 Ohio State (DB) 2004 Ohio State (co-DC) 2005\u20132007 Cleveland Browns (DB) 2008 Cleveland Browns (DC) 2009\u20132011 Jacksonville Jaguars (DC) 2011 Jacksonville Jaguars (interim) 2012 Jacksonville Jaguars (AHC/DC) Mel Tucker Melvin Gene Tucker II[1] (born January 4, 1972) is an American football coach and former player. He was the head football coach at Michigan State University from 2020 to 2023. Tucker was the interim head coach for the Jacksonville Jaguars of the National Football League (NFL) for the final five games of the 2011 season. He has worked as the defensive backs coach at Ohio State and Alabama and as the defensive coordinator for both the Chicago Bears of the and the University of Georgia.[2][3] In November 2021, Mel Tucker became one of the highest-paid coaches in college football history, receiving a guaranteed 10-year, $95 million contract from Michigan State, the third-largest contract ever given to a football coach at a public university.[4] In September 2023, following allegations of sexual harassment, Tucker was fired by Michigan State.[5][6] Tucker was born in Cleveland, Ohio.[7] He attended Cleveland Heights High School where he was a football standout. He then attended the University of Wisconsin\u2013Madison, where he played defensive back for the Wisconsin Badgers football team. He graduated in 1995 with a degree in agricultural business management.[8] He signed a contract with the Hamilton Tiger-Cats of the Canadian Football League after graduation but fell ill during training camp due to chickenpox and was cut from the team. [9] Early life 2/22/25, 7:51 Mel Tucker - Wikipedia 1/9 2013\u20132014 Chicago Bears (DC) 2015 Alabama (AHC/DB) 2016\u20132018 Georgia (DC/DB) 2019 Colorado 2020\u20132023 Michigan State Head coaching record Overall 25\u201321 (college) 2\u20133 (NFL) Bowls 1\u20130 Accomplishments and honors Awards 2016 College Football Playoff National Championship Big Ten Coach of the Year (2021) Tucker began his coaching career in 1997 as a graduate assistant for Michigan State under head coach Nick Saban.[10] In 1999, he served as a defensive backs coach for the Miami University Redhawks and then in 2000 followed Saban to Louisiana State University to fill the same position with the Tigers. In 2001, he became defensive backs coach for Ohio State under coach Jim Tressel. In 2002, Tucker was the defensive backs coach as Ohio State won a national championship, and in 2004 he was made co-defensive coordinator.[8] In 2005, Tucker entered the National Football League (NFL) with the Cleveland Browns. He coached defensive backs from 2005 to 2007 and was promoted to defensive coordinator in the 2008 season following the firing of Todd Grantham.[11][12] Under Tucker, Cleveland consistently ranked fifth in the league, with the defense making 73 interceptions.[8] After the firing of Browns' head coach Romeo Crennel, Tucker was replaced by Rob Ryan.[13] In 2009, Tucker was hired by the Jacksonville Jaguars as their defensive coordinator, replacing Gregg Williams.[14] In the 2011 season, head coach Jack Del Rio put Tucker in charge of defensive play- calling, and the team quickly became the fourth highest rated in the NFL.[15][16] On November 29, 2011, Tucker was named Jacksonville's interim head coach following the firing of Del Rio. He coached the final five games of the season, posting a 2\u20133 record. His first win as a head coach on week 14, a 41\u201314 victory over the Tampa Bay Buccaneers.[17] Jacksonville hired Atlanta Falcons' offensive coordinator Mike Mularkey as the new permanent head coach; Mularkey retained Tucker as defensive coordinator with the additional title of assistant head coach.[18] On January 18, 2013, Tucker was named defensive coordinator of the Chicago Bears.[19] Following one of the worst defensive seasons in Bears' history in 2013, Tucker was criticized by the media.[20] As a result, the team fired two of Tucker's assistant coaches, linebackers coach Tim Tibesar and defensive line coach Mike Phair.[21] The Bears replaced them with Paul Pasqualoni as defensive line coach and Reggie Herring as linebackers coach.[22] On January 20, 2015, following another record-setting low defensive season for the Bears in 2014, Tucker was replaced by former San Francisco 49ers defensive coordinator Vic Fangio, under new head coach John Fox.[23] Coaching career 2/22/25, 7:51 Mel Tucker - Wikipedia 2/9 Tucker spent the 2015 season with the Alabama Crimson Tide as assistant head coach and defensive backs coach,[24] during which the team won the 2016 College Football Playoff National Championship.[25] In 2016, Tucker moved to Georgia as the defensive coordinator,[25] where he remained through 2018. On December 5, 2018, Tucker signed an agreement to become the Colorado Buffaloes' head coach starting in 2019.[26] In his lone season at the helm, Tucker's Buffaloes posted a 5\u20137 record (3\u20136 in the Pac-12). On February 12, 2020, Tucker earned the nickname \u201cMidnight Mel\u201d and resigned as Colorado's head coach to accept the same position at Michigan State.[27] Tucker's contract at Michigan State was worth $5.5 million annually for six years; more than double his contract at Colorado (five years, $14.8 million) and more than $1 million annually over previous head coach Mark Dantonio ($4.3 million per annum).[28] At the time of signing, Tucker became the 12th-highest paid head coach in the and fourth in the Big Ten.[29] With the COVID-19 pandemic forcing a late start for Big Ten teams in the 2020 season, Tucker's Spartans made their debut on October 24, 2020 turned the ball over seven times in Tucker's head coaching debut and lost to Rutgers, 38\u201327 rebounded the following week to defeat in-state rival Michigan, 27\u201324, for Tucker's first win as a Spartan. After lopsided losses to Iowa and Indiana, Michigan State upset No. 8-ranked Northwestern, 29\u201320, handing the Wildcats their first loss of the season. Tucker would finish the abbreviated 2020 season with a 2\u20135 record. Unranked to begin the 2021 season, Tucker's Spartans jumped out to a 8\u20130 start, including a come- from-behind win over in-state rival and No. 6-ranked Michigan, causing the Spartans to move up to No. 5 in the poll and No. 6 in the Coaches poll. In the process, Tucker became the first head coach to beat Michigan in his first two career meetings.[30] Tucker's Spartans were ranked No. 3 in the initial rankings released Nov. 2. Following MSU's first loss at Purdue in Week 9, the Spartans dropped to No. 8 in the poll and No. 9 in the Coaches' poll.[31] The loss also dropped to No. 7 in the rankings.[32] MSU's 40\u201321 victory over Maryland on November 13, coupled with Oklahoma's first loss of the season, moved the Spartans up to No. 7 in the poll and No. 8 in the Coaches' poll.[33] Following a crushing 56\u20137 defeat at the hands of Ohio State, the 9\u20132 Spartans dropped to No. 12 in the poll and No. 13 in the Coaches' poll.[34 closed out the regular season with a 30\u201327 victory over Penn State, moving them up to No. 11 in the poll while remaining at No. 13 in the Coaches' poll.[35] Michigan State reached 10 wins for the first time since 2017, and went undefeated at home (6\u20130) for the first time Return to Colorado Michigan State 2021 season 2/22/25, 7:51 Mel Tucker - Wikipedia 3/9 since 2015.[36] The Spartans went on to defeat Pittsburgh in the Peach Bowl 31\u201321, marking MSU's first 11-win season since their Big 10 winning 2015 campaign finished the season ranked No. 8 in the Coaches Poll and No. 9 in the poll, the team's highest rankings since 2015. On November 24 and Tucker agreed to a 10-year, $95 million contract extension.[37] This decision caused considerable surprise among college football observers, as Tucker had a career record of 16\u201314 at the time.[38] On November 30, Tucker won the Big Ten Coach of the Year awards, being named both the Hayes- Schembechler Coach of the Year (coaches' vote) and the Dave McClain Coach of the Year (media vote).[39 began the 2022 season ranked in both the and Coaches' polls.[40] But after opening the season with wins over Western Michigan and Akron, the Spartans lost their next four games, against Washington, Minnesota, Maryland and Ohio State, all by double-digit margins.[41] After ending the losing streak with a double-overtime home win against Wisconsin, the Spartans again lost by double- digits, this time to Michigan. The season concluded with another double digit loss to Penn State and no bowl game for the second time in three years.[42 won their first two games under Tucker, defeating Central Michigan 31\u20137 and Richmond 45\u201314. Michigan State suspended Tucker after two games and he was officially fired on September 27, 2023. On September 10, 2023 Today published a story detailing alleged sexual harassment by Tucker of Brenda Tracy. Tracy, a rape survivor and anti-sexual violence advocate, had visited Michigan State's campus several times to speak with the team. Tracy alleged a pattern of inappropriate behavior, culminating in Tucker masturbating during a phone call. The incident is alleged to have occurred in April 2022. Tucker characterized the phone sex as consensual.[43] Michigan State suspended Tucker without pay later that day, with Harlon Barnett taking over as interim head coach.[44] On September 18, the university announced it had begun the process of terminating Tucker for cause as a result of the allegations, while allowing an ongoing university investigation to continue.[45] In a letter from his attorneys, Tucker disputed the allegations.[46] Tucker was officially fired by Michigan State on September 27, 2023.[6] On July 31, 2024, he filed a wrongful termination and defamation lawsuit against the university.[47] 2022 season 2023 season Sexual harassment accusation and firing 2/22/25, 7:51 Mel Tucker - Wikipedia 4/9 Team Year Regular Season Post Season Won Lost Ties Win % Finish Won Lost Win % Result JAX* 2011 2 3 0 .400 4th in South \u2013 \u2013 \u2013 \u2013 * \u2013 Interim head coach Year Team Overall Conference Standing Bowl/playoffs Coaches# AP\u00b0 Colorado Buffaloes (Pac-12 Conference) (2019) 2019 Colorado 5\u20137 3\u20136 5th (South) Colorado: 5\u20137 3\u20136 Michigan State Spartans (Big Ten Conference) (2020\u20132023) 2020 Michigan State 2\u20135 2\u20135 7th (East) 2021 Michigan State 11\u20132 7\u20132 3rd (East Peach\u2020 8 9 2022 Michigan State 5\u20137 3\u20136 5th (East) 2023 Michigan State 2\u20130[a] 0\u20130 (East) Michigan State: 20\u201314 12\u201313 Total: 25\u201321 \u2020Indicates / New Years' Six bowl. #Rankings from final Coaches Poll. \u00b0Rankings from final Poll. a. Michigan State suspended Tucker after two games. 1. \"Melvin Gene Tucker '90\" ( 90/). Heights Schools Foundation. August 31, 2021. Retrieved September 9, 2023. 2. Stellino, Vito (January 24, 2009). \"Jaguars sign Tucker as new D-coordinator\" ( tine.com/stories/012409/sports_0124_039.shtml). Florida Times-Union. Retrieved December 29, 2010. Head coaching record College References 2/22/25, 7:51 Mel Tucker - Wikipedia 5/9 3. Mike Florio (November 29, 2011). \"Del Rio out in Jacksonville\" ( m/2011/11/29/del-rio-out-in-jacksonville/). profootballtalk.nbcsports.com Sports. Retrieved November 29, 2011. 4. \"Mel Tucker kick-started a college football contract surge, and Jim Harbaugh got left out\" ( ww.mlive.com/sports/2022/08/mel-tucker-kick-started-a-college-football-contract-surge-and-jim-ha rbaugh-got-left-out.html). mlive. August 8, 2022. Retrieved December 23, 2022. 5. Sterling, Wayne; Sottile, Zoe (September 19, 2023). \"Michigan State University announces plans to fire Mel Tucker amid sexual harassment allegations\" ( mel-tucker-michigan-state-fired/index.html). CNN. Retrieved September 19, 2023. 6 fires Tucker for bringing 'ridicule' to program\" ( _/id/38504840/sources-michigan-state-expected-fire-mel-tucker-wed). ESPN.com. September 27, 2023. Retrieved September 27, 2023. 7. \"Mel Tucker\" ( CUBuffs.com. University of Colorado Boulder. Retrieved February 12, 2020. 8. \"Mel Tucker, Interim Head Coach\" ( rs.com/team/coaches/Mel-Tucker/92821092-257a-4138-bdcf-aa28e61f09a7). Jacksonville Jaguars. 2011. Archived from the original ( Tucker/92821092-257a-4138-bdcf-aa28e61f09a7) on March 4, 2016. Retrieved November 30, 2011. 9. Baird, Nathan; clevel; .com (November 19, 2021). \"How Cleveland Heights' Mel Tucker became the coach who sold Michigan State football on its dramatic turnaround\" ( m/osu/2021/11/how-cleveland-heights-mel-tucker-became-the-coach-who-sold-michigan-state-foo tball-on-its-dramatic-turnaround.html). cleveland. Retrieved November 20, 2021. 10. Gene Frenette (November 30, 2011). \"Low-key Mel Tucker takes center stage as Jaguars' coach\" ( tage-jaguars-coach#ixzz1fCoNup4g). The Florida Times-Union. Retrieved November 30, 2011. 11. Associated Press (January 12, 2008). \"Browns Fire Grantham as Defensive Coordinator\" (https:// The New York Times. Retrieved December 29, 2010. 12. Bensch, Bob (January 12, 2008). \"Cleveland Browns Promote Mel Tucker to Defensive Coordinator\" ( r=home). Bloomberg. Retrieved December 29, 2010. 13. Carucci, Vic (May 28, 2009). \"Many teams make notable adjustments on defense\" ( com/news/story?id=09000d5d810879d2&template=without-video-with-comments&confirm=true). NFL.com. Retrieved December 29, 2010. 14. \"Jags hire coordinators\" ( din/140767401/). St. Lucie News Tribune. January 25, 2009. p. 33. Retrieved February 11, 2024 \u2013 via Newspapers.com. 15. Frenette, Gene (November 29, 2011). \"Low-key Mel Tucker takes center stage as Jaguars' coach\" ( guars-coach/15882581007/). Florida Times-Union. Retrieved February 11, 2024. 16. Walker, Teresa M. (December 24, 2011). \"Jacksonville will try to spoil Tennessee's must-win situation\" ( 0/). The Park City Daily News. p. B1. Retrieved February 11, 2024 \u2013 via Newspapers.com. 17. Ganguli, Tania (December 12, 2011). \"Jaguars roll over Tampa Bay 41-14\" ( e.com/story/sports/nfl/2011/12/11/jaguars-roll-over-tampa-bay-41-14/15881537007/). Florida Times-Union. Retrieved February 11, 2024. 18. \"Fisher makes his choice: Rams over Dolphins\" ( bune-fisher-makes-his-choic/140768612/). The Tampa Tribune. January 14, 2012. p. 18. Retrieved February 11, 2024 \u2013 via Newspapers.com. 2/22/25, 7:51 Mel Tucker - Wikipedia 6/9 19. \"Chicago Bears name Mel Tucker defensive coordinator\" ( -name-mel-tucker-defensive-coordinator-0ap1000000128176). National Football League. January 18, 2013. Retrieved January 18, 2013. 20. Haugh, David (December 30, 2013). \"Emotions aside, Bears must say bye to Mel Tucker\" (https:// Chicago Tribune. Retrieved January 10, 2014. 21. Dickerson, Jeff (January 13, 2014). \"Bears fire two assistant coaches\" ( ago/nfl/story/_/id/10283322/chicago-bears-fire-two-assistant-coaches-retain-defensive-coordinator -mel-tucker Chicago. Retrieved January 10, 2014. 22. Meyer, Larry (January 23, 2014). \"Bears hire two assistant coaches\" ( m/news/article-1/Bears-hire-two-assistant-coaches/1392025d-dbb1-4d59-b0c0-c3bd85110964). Chicago Bears. Retrieved January 10, 2014. 23. Wright, Michael (January 20, 2015). \"Vic Fangio new Bears D-coordinator\" ( m/chicago/nfl/story/_/id/12198861/vic-fangio-new-chicago-bears-defensive-coordinator). 24. Zenitz, Matt (August 11, 2015). \"Mel Tucker already making difference for Alabama, Kirby Smart says\" ( The Birmingham News. Retrieved March 5, 2019. 25. \"Colorado hires Georgia defensive coordinator Mel Tucker\" ( story/_/id/25461509/colorado-hires-georgia-defensive-coordinator-mel-tucker). ESPN. Associated Press. December 5, 2018. Retrieved March 5, 2019. 26. Howell, Brian (December 5, 2018). \"Done deal Buffs to hire Mel Tucker as head coach\" (http s://cubuffs.com/news/2018/12/5/tucker-named-head-football-coach-at-colorado.aspx). Boulder Daily Camera. Retrieved December 5, 2018. 27. Steele, Phil (February 12, 2020). \"University of Colorado head football coach Mel Tucker has informed Athletic Director Rick George that he is resigning his position, effective immediately\" ( @philsteele042. Retrieved February 12, 2020. 28. Barnett, Zach (February 13, 2020). \"On Mel Tucker's contract, and what it took to get that deal\" (ht tps://footballscoop.com/news/on-mel-tuckers-contract-and-what-it-took-to-get-that-deal/). FootballScoop. Retrieved February 26, 2020. 29. Solari, Chris. \"Mel Tucker's contract as Michigan State football coach worth more than $5.5 million per year\" ( n-state-football-coach-mel-tuckers-contract-details/4752468002 TODAY. Retrieved February 26, 2020. 30. Knight, Kevin (October 31, 2021). \"Michigan State Spartans jump to No. 5 in Poll and No. 6 in Coaches Poll\" ( p-no-5-ap-poll-and-no-6-in-coaches-poll). theonlycolors.com. Retrieved November 1, 2021. 31. Wenzel, Matt (November 7, 2021). \"Michigan State drops in national rankings after loss to Purdue\" ( loss-to-purdue.html). MLive.com. Retrieved November 8, 2021. 32. Silverstein, Adam (November 9, 2021). \"College Football Playoff Rankings: Ohio State moves into No. 4 spot behind Oregon in new top 25\" ( e-football-playoff-rankings-ohio-state-moves-into-no-4-spot-behind-oregon-in-new-top-25/). CBSsports.com. Retrieved November 10, 2021. 33. Wenzel, Matt (November 14, 2021). \"Michigan State moves up in national rankings\" ( mlive.com/spartans/2021/11/michigan-state-moves-up-in-national-rankings.html). MLive.com. Retrieved November 15, 2021. 34. Knight, Kevin (November 21, 2021). \"Michigan State drops to No. 12 in Poll, No. 13 in Coaches Poll\" ( 2-in-ap-poll-no-13-in-coaches-poll). SBnation.com. Retrieved November 24, 2021. 2/22/25, 7:51 Mel Tucker - Wikipedia 7/9 35. \"College Football Rankings - Week 14\" ( ESPN.com. Retrieved November 29, 2021. 36. Davis, Tyler J. (November 27, 2012). \"Michigan State football enjoys snow day, beats Penn State, 30-27: Game thread recap\" ( 021/11/27/michigan-state-football-game-score-penn-state-live-updates/8768506002/). Detroit Free Press. Retrieved November 29, 2021. 37. \"Michigan State coach Mel Tucker agrees to 10-year, $95 million contract as Spartans eye 10 wins\" ( el-tucker-agrees-new-long-term-contract-sources-say). ESPN.com. November 24, 2021. Retrieved November 29, 2021. 38. \"Mel Tucker contract: Michigan State takes risk overpaying its coach hoping to raise program's prominence\" ( -takes-risk-overpaying-its-coach-hoping-to-raise-programs-prominence/). November 27, 2021. 39. Wenzel, Matt (November 30, 2021). \"Michigan State's Mel Tucker sweeps Big Ten Coach of the Year awards\" ( n-coach-of-the-year-awards.html). MLive.com. Retrieved December 1, 2021. 40. \"Preseason College Football Rankings 2022: Top 25 Coaches Poll Released\" ( ort.com/articles/10044153-preseason-college-football-rankings-2022-top-25-coaches-poll-release d). Bleacher Report. 41 football drops fourth straight game in another double-digit loss vs. Ohio State\" ( answire.usatoday.com/2022/10/08/msu-football-drops-fourth-straight-game-in-another-double-digit -loss-vs-ohio-state/). October 8, 2022. 42. Wolverines avenge last season's loss, kick away Spartans to reach 8-0 ( om/story/sports/college/2022/10/30/wolverines-use-dominant-second-half-to-kick-away-spartans- move-to-8-0/69602987007/) 43. Jacoby, Kenny (September 10, 2023). \"Michigan State football coach Mel Tucker accused of sexually harassing rape survivor\" ( 0/michigan-state-football-coach-sexual-harassment-claim/70679703007 Today. Retrieved September 10, 2023. 44. Solari, Chris (September 10, 2023). \"Michigan State suspends head football coach Mel Tucker; Harlon Barnett serving as interim\" ( tans/2023/09/10/michigan-state-football-coach-mel-tucker-job-status-sexual-misconduct-allegation s-brenda-tracy/70817372007/). Detroit Free Press. Retrieved September 18, 2023. 45. Lage, Larry (September 18, 2023). \"Michigan State tells football coach Mel Tucker it will fire him for misconduct with rape survivor\" ( ff49e66a8a1a3f692d6710da791ae#:~:text=Michigan%20State%20informed%20suspended%20fo otball,back%20more%20than%20a%20year.). Associated Press. Retrieved September 18, 2023. 46. \"Tucker responds formally to firing attempt\" ( d/38491036/mel-tucker-responds-formally-msu-attempt-fire-cause). ESPN.com. September 25, 2023. Retrieved September 27, 2023. 47. \"Almost a year after firing, football coach Mel Tucker files suit\" ( ory/news/investigations/2024/08/01/mel-tucker-files-lawsuit-michigan-state/74628530007 Today. Retrieved 2024-08-02. Michigan State profile ( Colorado profile ( External links 2/22/25, 7:51 Mel Tucker - Wikipedia 8/9 Retrieved from \" 2/22/25, 7:51 Mel Tucker - Wikipedia 9/9", "8995_102.pdf": "II, Plaintiff, v HALLER, and QUINN, each an employee and member of the Administration of Michigan State University sued in their individual capacities jointly and severally T. SCOTT, and VASSAR, each a member of the of Michigan State University, sued in their individual capacities, jointly and severally, Defendants. Case No. ______________ Case 1:24-cv-00795 No. 1, PageID.1 Filed 07/31/24 Page 1 of 75 ii Table of Contents .................................................................................................. 1 ........................................................................................... 10 ...................................................................................................................11 A. Plaintiff ..............................................................................................................................11 B. Michigan State University ................................................................................................ 12 C. The Administration Defendants ........................................................................................ 12 D. The Trustee Defendants .................................................................................................... 17 .................................................................... 19 A. The Larry Nassar Scandal ................................................................................................. 20 B. January 2018: The \u201cOutside the Lines\u201d Report Regarding Misconduct in Athletic Programs ................................................................................................................................... 21 C. September 5, 2019: The U.S. Department of Education\u2019s Office of Civil Rights Issues a Report Criticizing MSU\u2019s Leadership and Handling of Harassment Allegations .................... 23 D. October 2022: The Resignation of President Stanley and the Continued Failure to Properly Administer the University\u2019s Sexual Misconduct Procedures ..................................... 24 E. November 2022: The Federal Government Opens Another Investigation of the University\u2019s Handling of Sexual Misconduct Claims ............................................................... 25 F. March 2023: The Quinn Emanuel Report Documents the Administration\u2019s Interference with the Investigation of Dr. Gupta ........................................................................................... 26 G. October 2023: The Board Commissions Yet Another Investigation Concerning the Board\u2019s Alleged Failure to Comply with its Obligations .......................................................... 28 .......................................................... 31 A. February 2020: Plaintiff Becomes One of the Highest Paid Coaches in College Football 31 B. November 2021 Signs Plaintiff to a 10-Year Contract Extension .......................... 32 C. August 2021: Plaintiff and Brenda Tracy Begin a Private Personal Relationship ............ 33 D. November 2022: Tracy Contacts MSU\u2019s General Counsel, Brian Quinn, To Complain About Plaintiff .......................................................................................................................... 35 E. December 2022: Tracy Files an Administrative Complaint With ........................... 37 F. Plaintiff\u2019s Response to the Complaint .............................................................................. 38 G. MSU\u2019s Flawed Investigation ..................................................................................... 40 H. The Individual Defendants Were Apprised of Developments During the Investigation .. 42 I. Spring/Summer 2023: Tracy Violates the Confidentiality Policy by Disclosing her Claim to the Media .............................................................................................................................. 43 Case 1:24-cv-00795 No. 1, PageID.2 Filed 07/31/24 Page 2 of 75 iii J. September 10, 2023: The Media Reports on Tracy\u2019s Sexual Misconduct Claims Against Plaintiff Using the Confidential Records Tracy Disclosed ............................................... 46 K. September 10, 2023: MSU\u2019s Press Conference and Suspension of Plaintiff Without Pay Despite the Ongoing Administrative Process and Lack of Hearing ......................................... 48 L. September 10, 2023: Statements by Michigan Governor Gretchen Whitmer .................. 52 M. September 11, 2023: Plaintiff\u2019s Statement to the Media ............................................. 52 N. September 27, 2023: Defendants Terminate Plaintiff\u2019s Employment Before Providing a Hearing on Tracy\u2019s Claims........................................................................................................ 53 O. October 2023: Plaintiff Obtains Text Messages That Tracy Failed to Provide to .. 55 .................................................................................................... 58 .............................................................................................................................. 58 ............................................................................................................................. 61 ............................................................................................................................ 62 ............................................................................................................................ 64 ............................................................................................................................. 65 ............................................................................................................................ 66 .......................................................................................................................... 67 ......................................................................................................................... 68 ............................................................................................................................ 70 ..................................................................................................... 71 .............................................................................................................. 72 Case 1:24-cv-00795 No. 1, PageID.3 Filed 07/31/24 Page 3 of 75 1 Plaintiff, Melvin Gene Tucker II, by and through his undersigned attorneys, for his Complaint against the Defendants Michigan State University (\u201cMSU\u201d or \u201cthe University\u201d), members of its Board of Trustees (the \u201cTrustee Defendants\u201d) and members of its administration (the \u201cAdministration Defendants,\u201d and together with the Trustee Defendants, the \u201cIndividual Defendants\u201d) states as follows 1. This action arises from Defendants\u2019 unlawful termination of Plaintiff\u2019s employment as head coach of the Michigan State Spartans football team in violation of his constitutional rights to due process and equal protection, and in violation of Plaintiff\u2019s employment agreement and other rights under state law. By improperly weaponizing the University\u2019s investigative procedures against Plaintiff, the Defendants have caused, and continue to cause, Plaintiff to experience severe emotional harm and suffering, and have caused hundreds of millions in damages. Moreover, the Defendants\u2019 actions were calculated and intentional \u2013 they acted with actual malice and in willful disregard of Plaintiff\u2019s rights, thus warranting a significant award of exemplary and punitive damages. 2. As demonstrated herein, investigation after investigation of the University by governmental and independent investigators has confirmed that, at the time of the Defendants\u2019 unlawful acts against Plaintiff, the leadership of the University routinely engaged in serious acts of misconduct, including manipulating and interfering with the University\u2019s supposedly independent administrative investigation processes \u2013 the same processes that the Defendants misused and weaponized against Plaintiff. 3. The well-documented acts of misconduct, recounted in detail in multiple public reports and statements, resulted in deep animosity and mistrust toward and between the Case 1:24-cv-00795 No. 1, PageID.4 Filed 07/31/24 Page 4 of 75 2 administration\u2019s top leadership \u2013 including Teresa Woodruff, Brian Quinn and Alan Haller (together the \u201cAdministration Defendants\u201d) \u2013 and the Board of Trustees leading to multiple resignations (voluntary and forced) of administrators and Board members alike, many accompanied by blistering accusations of wrongdoing and failures to properly administer and supervise the University\u2019s sexual harassment investigation process. Indeed, at the time of the illegal actions against Plaintiff, the United States Department of Education\u2019s Office of Civil Rights (\u201cOCR\u201d) had just opened yet another investigation of the University\u2019s investigative processes. 4. The toxic administrative environment described in the investigation reports, and in the public statements of the leaders themselves, exposed a dysfunctional leadership operating under siege \u2013 a leadership in which Trustees and members of the administration, including Woodruff, Quinn, Haller, and members of the Board, cast aside their obligations under the University\u2019s Bylaws and under applicable law to act fairly and properly in administering the University\u2019s investigative processes, which had been the subject of public criticism for a decade. Instead, the Defendants manipulated and misused those processes to advance their own interests in preserving their positions and reputations while engaging in a course of bad faith conduct designed to decimate the career and reputation of Plaintiff. In this, the Defendants were wildly successful. 5. As the investigation of ramped up, and as the upheaval in the University\u2019s administration played out publicly, Plaintiff became the subject of a purported claim of sexual harassment. The claim was false and unfounded, and there was no basis for the University to even exercise jurisdiction to investigate it. However, the Defendants, concerned about the claim becoming public amid yet another federal investigation into the administration, and seeking to maintain tight control over it for their own purposes, initiated and then pursued an unauthorized and deeply flawed \u201cinvestigation\u201d of the purported claim. Defendants then manipulated the process to create a Case 1:24-cv-00795 No. 1, PageID.5 Filed 07/31/24 Page 5 of 75 3 pretextual and false basis to terminate Plaintiff\u2019s employment and to evade Defendants\u2019 significant financial obligation to Plaintiff which, at the time, was more than $80 million. The Defendants ultimately terminated Plaintiff\u2019s contract on transparently pretextual grounds without first providing Plaintiff a hearing to confront the false accusation against him, as required under University rules and as a matter of law, in gross violation of Plaintiff\u2019s right to due process. 6. Moreover, the Defendants acted against Plaintiff on the basis of his race, destroying the career of one of the most prominent and successful Black head coaches in college football. The actions taken against Plaintiff stand in stark contrast to the manner in which the Defendants treated his white counterparts who, in the face of far more serious allegations, had no such similar action taken against them. Indeed, those coaches continued to coach at with their careers and lucrative compensation packages intact. 7. The Defendants not only wrongfully deprived Plaintiff of his contractual rights, but Woodruff and Haller compounded the profound damage to Plaintiff by issuing public statements regarding the allegations against him, that were false and defamatory, thus further destroying Plaintiff\u2019s reputation, his professional standing, and his livelihood. The Defendants\u2019 conduct resulted in profound economic and emotional harm to Plaintiff. 8. Why did the Defendants engage in such a brazen violation of Plaintiff\u2019s rights and of their obligations under the University\u2019s rules and applicable law? There are three principal reasons: (1) they acted against Plaintiff based on self-interest to preserve their positions and images; (2) they acted against him to create a basis to evade the University\u2019s substantial contractual obligation to him; and (3) they acted against him because of his race. 9. In the aftermath of the Larry Nassar scandal and other well-publicized scandals and investigations involving the University, Woodruff, Quinn and Haller were fearful that any accusation Case 1:24-cv-00795 No. 1, PageID.6 Filed 07/31/24 Page 6 of 75 4 involving the University that became public \u2013 even one as unfounded as the claim against Plaintiff \u2013 would subject the University to unwanted scrutiny and jeopardize their positions with the University. In short, the Individual Defendants acted in their own self-interest to avoid the fate of their predecessors who were dismissed or forced to resign in the aftermath of the Larry Nassar and the other scandals involving the University, including its athletics programs. Plaintiff \u2013 a man with an impeccable reputation and who had a long and promising career ahead of him \u2013 was the collateral damage caused by the Defendants\u2019 misguided effort to protect the University\u2019s reputation and, by so doing, preserve their image and positions at the top of the University\u2019s administration. 10. Upon information and belief, the University\u2019s General Counsel, Defendant Quinn, with the support of Woodruff and Haller, initiated the investigation against Plaintiff by personally encouraging the claimant, Brenda Tracy, to file a complaint with the University\u2019s Office of Institutional Equity (\u201cOIE\u201d). The \u2013 a department of the Office for Civil Rights and Title Education and Compliance \u2013 is responsible for administering MSU\u2019s Relationship Violence and Sexual Misconduct (\u201cRVSM\u201d) program. Not only was this collaboration with the claimant and her counsel outrageous (especially since, upon information and belief, they indicated to Quinn that they were looking for a quick monetary settlement), but Quinn was fully aware that Tracy\u2019s claim could not properly be brought under the program, which only provides jurisdiction \u2013 what is referred to in the rules as \u201ccoverage\u201d \u2013 under very limited circumstances where the matter has a close nexus to the University. Because Tracy was unaffiliated with the University (she was a one-time vendor paid to give a single presentation to the football team) and her personal relationship with Plaintiff did not involve the University, no such coverage existed. Plaintiff submitted unopposed expert evidence by the specialist who literally wrote the template for the University\u2019s policy Case 1:24-cv-00795 No. 1, PageID.7 Filed 07/31/24 Page 7 of 75 5 confirming that the investigation was unauthorized. The Defendants, however, steadfastly ignored the rules so that the University could retain jurisdiction and control over their improper investigation. 11. With the improper \u201cinvestigation\u201d in place, the Defendants then interfered in the process to ensure that it reached its pre-determined outcome \u2013 the termination of Plaintiff and his contract. In direct contravention of the rules that prohibit University officials from interfering with what is supposed to be an \u201cindependent\u201d investigation of the allegations, upon information and belief, Quinn, as General Counsel, and Haller, in his role as liaison to the OIE, interfered in the process in an improper effort to retain jurisdiction over Tracy\u2019s claims. 12. Upon information and belief, the Administration Defendants personally collaborated with Tracy and her counsel and with the staff to develop a \u201cfactual record\u201d designed to support her false claim against Plaintiff. There also is evidence that several Board members \u2013 Defendants Renee Knake Jefferson, Dianne Byrum and Brianna Scott \u2013 engaged in improper and unauthorized discussions with Tracy and her counsel. 13. In addition, the Administration Defendants thwarted Plaintiff\u2019s efforts to have the pursue critical information from Tracy. As a result, key evidence \u2013 text messages that Tracy failed to provide during the investigation, and which exposed her financial agenda and the falsity of her allegations \u2013 were not considered as part of the proceeding. 14. When these key exculpatory text messages were finally obtained independently by Plaintiff\u2019s counsel late in the investigatory process \u2013 but before a decision was rendered \u2013 Plaintiff\u2019s counsel immediately sent a letter to Woodruff and Quinn, and to each of the Trustee Defendants, outlining the substance of that critical material, attaching copies, and requesting that they direct a short pause in the process so that this newly discovered exculpatory evidence could be considered, as required under the applicable rules. However, concerned that this new and exculpatory evidence Case 1:24-cv-00795 No. 1, PageID.8 Filed 07/31/24 Page 8 of 75 6 would expose their improper actions against Plaintiff and undermine their efforts to terminate his contract, the Defendants refused to pause the investigation to consider the key evidence, and instead pushed the process toward its pre-determined outcome in clear derogation of Plaintiff\u2019s rights. In essence, the Defendants ignored and precluded the consideration of the very evidence that proved the falsity of Tracy\u2019s allegations. 15. Plaintiff was further prejudiced by Defendants\u2019 pursuit of the unauthorized investigation against him when, during the process, Tracy leaked over 1,200 pages of confidential materials to the national news media. Shortly thereafter, on September 10, 2023, the disclosure of highly personal and private information concerning Plaintiff\u2019s relationship with Tracy became the subject of a national media circus when Today published one-sided articles adopting Tracy\u2019s false allegations against Plaintiff, causing severe and profound damage to Plaintiff. But the Defendants did not care about that. Instead, alarmed by the specter of a public rehash of the University\u2019s past scandals the Defendants decided \u2013 literally within hours of the release of the news stories on September 10 \u2013 to immediately suspend Plaintiff without pay, without any regard to the facts, due process and in violation of Plaintiff\u2019s rights. 16. In doing so, Defendant Haller and Woodruff appeared together at a press conference on September 10, 2023 and publicly defamed Plaintiff by claiming that there were some \u201cnew developments\u201d that justified this sudden disciplinary action against Plaintiff. But that was blatantly false \u2013 the Individual Defendants had the \u201cfacts\u201d concerning Tracy\u2019s purported claim months earlier \u2013 and the defamatory statements by Haller and Woodruff at this press conference severely damaged Plaintiff\u2019s reputation and professional standing. The timing of the Defendants\u2019 actions speaks for itself. It confirms that the actions taken against Plaintiff were a purely reflexive exercise Case 1:24-cv-00795 No. 1, PageID.9 Filed 07/31/24 Page 9 of 75 7 in damage control, and were not based on any rational decision-making, let alone considerations of fairness and due process to Plaintiff. 17. Later that same day, Michigan State Governor Gretchen Whitmer, who has the statutory power to investigate and remove trustees, added her voice to the media frenzy, issuing a statement expressing sympathy with the false narrative orchestrated by Tracy and her contacts in the media. Specifically, Governor Whitmer expressed \u201cshock[]\u201d and \u201cdisappoint[ment]\u201d concerning Tracy\u2019s accusation, and stated that she \u201cwant[ed] answers\u201d concerning MSU\u2019s handling of Tracy\u2019s claim. One week later, despite the Defendant Haller\u2019s and Defendant Woodruff\u2019s public recognition that they were required, under University policy and under basic concepts of due process, to provide Plaintiff with a hearing before taking further action against him, the Defendants sent a notice of intention to terminate Plaintiff\u2019s employment agreement \u2013 without providing him the opportunity to address Tracy\u2019s claims at a hearing. This time, Defendant Haller tried to justify this action based on \u201cundisputed evidence\u201d that had come to light. But as with their \u201cnew developments\u201d claim trotted out at the press conference suddenly announcing Plaintiff\u2019s suspension without pay, Defendants\u2019 contention was a transparently false pretext for their decision to terminate Plaintiff\u2019s contract \u2013 a decision that had been made months earlier when Defendants initiated their improper campaign against Plaintiff. Ultimately, Defendants terminated Plaintiff on September 27, 2023 \u2013 just two weeks after the outrageous and defamatory press conference. 18. Where was the Board of Trustees when all of this was unfolding? As shown herein, the Board was severely compromised by in-fighting and by outright confrontation with Woodruff and other members of the administration. Moreover, the then-Chair of the fractured Board \u2013 Defendant Trustee Dr. Rema Vassar \u2013 accused other Board members of improperly communicating with Tracy and her counsel during the purported investigation. At bottom though, the Trustee Case 1:24-cv-00795 No. 1, PageID.10 Filed 07/31/24 Page 10 of 75 8 Defendants, like the Administration Defendants, were acting to protect their own interests, without regard to their obligations under the Bylaws to act \u201cin accordance with the law and [MSU\u2019s] internal policies and regulations\u201d and their obligation to take \u201cprompt action on urgent . . . personnel matters necessary to the best interests of the University\u201d and its personnel. 19. The Board\u2019s failure to step in to protect Plaintiff from the improper and biased investigation unleashed by Woodruff, Quinn and Haller is especially egregious, as the Board was fully aware that Woodruff and the Office of General Counsel (\u201cOGC\u201d) led by Quinn had a track record of improper conduct, including that they previously had been found to have acted improperly in another high-profile investigation involving actions taken against Dr. Sanjay Gupta, the former Dean of the University\u2019s Eli Broad College of Business (also a man of color). Like Plaintiff, Dr. Gupta was stripped of his position based on a claim that became the subject of an investigation. 20. Concerns about the way Dr. Gupta was treated caused the Board to engage the law firm of Quinn Emanuel Urquhart & Sullivan (\u201cQuinn Emanuel\u201d) to investigate the Gupta matter and issue a report. The investigation was vehemently opposed by Defendant Woodruff who was primarily responsible for the actions against Gupta (and here, against Plaintiff). The Quinn Emanuel report exposed severe dysfunction in the investigative process, including, as particularly relevant here: misconduct by Woodruff, and by the under Quinn, in interfering in the investigation, including by seeking to have continue to pursue the investigation of Gupta that wanted to close; taking action against Gupta even before the administrative process played out, thus raising due process concerns; and issuing public statements (by Woodruff) that were damaging to Gupta\u2019s reputation. Case 1:24-cv-00795 No. 1, PageID.11 Filed 07/31/24 Page 11 of 75 9 21. The improper actions taken by Woodruff and by the identified in the Quinn Emanual report raised multiple red flags for the Trustee Defendants concerning the unfair and improper process Plaintiff was being subjected to by the very same members of the administration who had engaged in similar acts of misconduct. The Board of Trustees was required by law, and under the Bylaws, to take action to ensure that Plaintiff was being treated fairly under the University\u2019s administrative processes. However, the Board did not do so. The Trustee Defendants violated multiple obligations imposed on them as further recounted herein. 22. Not only did the Defendants trample upon Plaintiff\u2019s rights to due process and his contractual rights, but their actions against Plaintiff, who is Black, violated Plaintiff\u2019s constitutional right to equal protection. MSU\u2019s firing of Plaintiff on purely pretextual grounds stands in marked contrast to the University\u2019s handling of public disclosures concerning other high profile coaches who faced accusations that included recruiting violations and a failure to adequately respond to or address serious claims of violence and sexual abuse by members of their respective teams. Unlike Plaintiff, who was suspended without pay and the subject of a press conference by the Athletic Director and Interim President within hours of media stories based on leaked information and flimsy and transparently false grounds did not take anything close to similar actions regarding allegations against those other coaches and their programs. Instead, they were allowed to keep their contracts and bonuses and continue to coach at MSU. 23. Plaintiff seeks damages against Defendants pursuant to 42 U.S.C. \u00a7 1981 for their violation of his constitutional right to equal protection, and the Individual Defendants pursuant to 42 U.S.C. \u00a7 1983 for their violation of his right to due process of law. In addition to Plaintiff\u2019s claims under federal civil rights laws, Plaintiff also seeks damages against and the Individual Defendants under Michigan state law for breach of contract, defamation, tortious interference with Case 1:24-cv-00795 No. 1, PageID.12 Filed 07/31/24 Page 12 of 75 10 contractual rights, intentional infliction of emotional distress, aiding and abetting, and violations of Michigan\u2019s Elliott-Larsen Civil Rights Act \u00a7 37.2202 24. This Court has federal subject matter jurisdiction over Plaintiff\u2019s claims pursuant to 42 U.S.C. \u00a7 1981 (racial discrimination based on denial of contractual rights) and 42 U.S.C. \u00a7 1983 (denial of due process and equal protection under color of state law) pursuant to 28 U.S.C. \u00a7\u00a7 1331 and 1343. This Court has supplemental jurisdiction over Plaintiff\u2019s state law claims pursuant to 28 U.S.C. \u00a7 1367. 25. In addition, this Court has jurisdiction over the claims against Defendant pursuant to its waiver of sovereign immunity and its consent to the jurisdiction of this Court. Section IV(G) of the Amended Employment Agreement (\u201cEmployment Agreement\u201d) entered into by (executed by Defendant Haller) and Plaintiff as of November 24, 2021, a copy of which is attached hereto as Exhibit states, in pertinent part as follows: Governing Law; Consent to Jurisdiction. The laws of Michigan (without giving effect to its conflicts of laws principles) govern all matters arising under and relating to this Agreement. Each party irrevocably submits to the exclusive jurisdiction of the Michigan Court of Claims and the Federal District Court for the Western District of Michigan for the purpose of any suit, action or proceeding or judgment relating to or arising out of this Agreement or the transactions it contemplates . . . Each party irrevocably consents to the jurisdiction of any such court in any such suit, action or proceeding and to the laying of venue of any such suit, action or proceeding brought in such court. . . . and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 26. The claims asserted by Plaintiff against Defendant arise under and relate to the Employment Agreement and MSU\u2019s breach thereof. Case 1:24-cv-00795 No. 1, PageID.13 Filed 07/31/24 Page 13 of 75 11 27. The Defendants\u2019 conduct at issue in this action occurred in East Lansing, Michigan, and thus venue is proper in this District A. Plaintiff 28. Prior to his illegal termination by the Defendants in September 2023, in violation of federal and state law, Plaintiff Melvin Gene Tucker was the head football coach of the men\u2019s football team \u2013 one of the most prominent positions in intercollegiate athletics and, indeed, in all of sports. 29. Prior to joining in February 2020, Plaintiff coached football in college and at the professional level for more than 20 years. Among other positions, Plaintiff was the defensive coordinator for the University of Georgia, the defensive backs coach at Ohio State University and for the University of Alabama, and the head coach at the University of Colorado. Plaintiff also coached in the NFL, including as interim head coach for the Jacksonville Jaguars during the 2011 season, and as the defensive coordinator for the Chicago Bears. 30. Plaintiff was universally considered to be a man of impeccable character, who has had an exemplary career and performed at an extremely high level at every position. Based on that performance, on February 12, 2020 recruited Plaintiff from the University of Colorado to be the head coach at MSU. After Plaintiff\u2019s great success in his first season at MSU, the Individual Defendants wanted to ensure he stayed there. In November 2021 signed Plaintiff to a ten-year, $95 million guaranteed contract extension pursuant to which Plaintiff became the highest paid Black coach in college football history, and one of the highest paid coaches in all of college football. Case 1:24-cv-00795 No. 1, PageID.14 Filed 07/31/24 Page 14 of 75 12 B. Michigan State University 31. Defendant is a public university formed by the Michigan State Legislature. See MICH. CONST. art. VIII, \u00a7 5. Specifically was designated as a land-grant university by the Michigan Legislature in 1863 to be the beneficiary of the endowment provided under the Morrill Act (12 Stat. 503 (1862)), as supplemented by subsequent acts of the Congress of the United States. 32. Pursuant to Article VIII, \u00a7 5 of the Constitution of the State of Michigan (\u201cMichigan Constitution acts through its authorized agents and employees, including principally, the members of its Board of Trustees, and its administrative staff, including its President, its General Counsel and, as relevant here, its Athletic Director. 33. As set forth in further detail herein, MSU, through its administrative staff and Board of Trustees, including the Administration Defendants (as defined) and the Trustee Defendants (as defined), and acting under color of state law, developed and executed a plan to create a pretextual basis to terminate Plaintiff\u2019s Employment Agreement with the University, in violation of Plaintiff\u2019s rights under the U.S. Constitution and state law, and in violation of the express terms of the Employment Agreement. C. The Administration Defendants 34. Defendants Woodruff, Haller, and Quinn \u2013 the Administration Defendants \u2013 each are sued herein in their individual capacities, jointly and severally. (i) Defendant Woodruff 35. Defendant Teresa K. Woodruff, Ph.D., assumed the post of Interim President of on November 4, 2022, after the resignation of President Samuel Stanley, Jr. Prior to her appointment as Interim President, Woodruff had served as Provost of the University since 2020. Case 1:24-cv-00795 No. 1, PageID.15 Filed 07/31/24 Page 15 of 75 13 36. Woodruff served as Interim President until March 4, 2024, and is currently on the faculty of MSU. 37. Prior to joining MSU, Woodruff was the Director of the Center for Reproductive Science at Northwestern University. It is reported that she left Northwestern in 2020, two months after a petition by Black, Latinx, Indigenous, LGBTQ+ and other students of marginalized identities called for her removal.1 38. Under authority provided under Article VIII, \u00a7 5 of the Michigan Constitution, Woodruff served as the principal executive officer of and as an ex-officio member of the Board of Trustees. MICH. CONST. art. VIII, \u00a7 5 39. According to Article 4 of the Board of Trustees Bylaws, as Interim President, Woodruff, in exercising her duties as the principal executive of the University, had authority to \u201cexercise such powers as are inherent in the position in promoting, supporting, and protecting the interests of the University and in managing and directing all its affairs\u201d and was \u201cresponsible for all business policies as heretofore enacted or modified or hereafter established subject to the general policies established by the board.\u201d 40. As set forth further herein, Woodruff, acting under color of state law, abused her authority and violated the law by authorizing, developing and executing a plan to unlawfully subject Plaintiff to an improper administrative proceeding and then to unlawfully terminate Plaintiff for the purpose of advancing her interests in protecting her position and image and that of MSU, and those of the other Defendants, and to deprive Plaintiff of his rights under the U.S. Constitution, his rights under Michigan state law, and his contractual property rights under the express terms of the Employment Agreement. Among other things, it is believed that during the 1 See 25-years-at-northwestern-leaving-behind-a-mixed-legacy/. Case 1:24-cv-00795 No. 1, PageID.16 Filed 07/31/24 Page 16 of 75 14 relevant period, Woodruff was actively campaigning to be appointed President of the University and viewed the claim against Plaintiff as a potential impediment to her appointment. 41. Among other things, and as further set forth herein, Woodruff, acting under color of state law, made knowingly false public statements expressly designed to mislead the public and provide cover for her and the other Defendants\u2019 illegal actions directed towards Plaintiff. 42. Additionally, upon information and belief, Woodruff actively communicated with the other Defendants and actively implemented and approved the illegal and improper actions directed towards Plaintiff and/or failed to take action to prevent the other Individual Defendants from proceeding with such actions. (ii) Defendant Haller 43. Defendant Alan Haller has been Vice President and Athletic Director of since September 1, 2021. Haller is a member of MSU\u2019s senior administration and is responsible for all aspects of management of the Athletics Department, one of the most high-profile positions at MSU. 44. According to the University\u2019s website, Haller \u201cworks directly with campus leadership in providing guidance to the department on a wide range of issues, including serving as a liaison to the General Counsel\u2019s Office [and] Office of Institutional Equity.\u201d 45. As head of the Athletics Department, Haller had responsibility for the men\u2019s football team and was directly responsible for overseeing and managing the University\u2019s relationship with Plaintiff, the head coach of the men\u2019s football team. 46. As set forth in further detail herein, Haller, acting under color of state law, abused his authority and violated the law by authorizing, developing and executing a plan to unlawfully subject Plaintiff to an improper administrative proceeding and then to unlawfully terminate Case 1:24-cv-00795 No. 1, PageID.17 Filed 07/31/24 Page 17 of 75 15 Plaintiff\u2019s employment for the purpose of advancing his interests to protect his position and image and that of MSU, and those of the other Defendants, and to deprive Plaintiff of his rights under the U.S. Constitution and under the Michigan Constitution, his rights under Michigan state law, and his contractual property rights under the express terms of the Employment Agreement. 47. Among other things, and as further set forth herein, Haller, acting under color of state law, made knowingly false public statements expressly designed to mislead the public and provide cover for his and the other Defendants\u2019 illegal and improper actions directed towards Plaintiff. 48. Additionally, as liaison to the University\u2019s OIE, Haller was obligated to ensure that Plaintiff was treated fairly and equitably in the University\u2019s grievance process. As recounted herein, Haller breached his obligations to do so. In addition, upon information and belief, Haller actively communicated with the other Defendants and actively implemented and approved of the illegal and improper actions directed towards Plaintiff and/or failed to take action to prevent the other Defendants from proceeding with such actions. (iii) Defendant Quinn 49. Defendant Brian Quinn is the Vice President for Legal Affairs and General Counsel at MSU. According to the website, Quinn provides legal advice and representation to the University through its President, Board of Trustees, and administration on a broad array of legal issues, including providing advice on all matters that have legal significance for the University. 50. As set forth in the Bylaws, \u201cthe general counsel shall be appointed upon the recommendation of the president and approval of the board and shall serve at the pleasure of the president.\u201d The Bylaws further provide that \u201c[t]he general counsel shall attend meetings of the board and render such professional services as are required by it and the officers of the Case 1:24-cv-00795 No. 1, PageID.18 Filed 07/31/24 Page 18 of 75 16 University\u201d and \u201cshall have authority to execute all legal documents including those required for purposes of litigation and/or court proceedings.\u201d 51. As set forth in further detail herein, Quinn, acting under color of state law, abused his authority and violated the law by authorizing, developing and executing a plan to unlawfully subject Plaintiff to an improper administrative proceeding and then to terminate Plaintiff\u2019s employment for the purpose of advancing his interests in protecting his position and image, and those of the other Defendants, and to deprive Plaintiff of his rights under the U.S. Constitution, his rights under Michigan state law, and his contractual property rights under the express terms of the Employment Agreement. 52. Among other things, upon information and belief, Quinn personally entered into discussions with Tracy and her counsel and directed them to assert a claim with in order to trigger an unauthorized investigation against Plaintiff in violation of the University\u2019s policies and applicable law. This was done to create and maintain a vehicle to develop a false basis to take action against Plaintiff. 53. Upon information and belief, Quinn, as General Counsel, was involved in all aspects of the plan to unlawfully terminate Plaintiff\u2019s Employment Agreement including: authorizing and supporting the improper, flawed and biased investigation of Tracy\u2019s claims; authorizing the false and misleading public statements made by other Defendants; and developing the false and pretextual basis and the Individual Defendants advanced for their unlawful termination of Plaintiff\u2019s contract in September 2023. Case 1:24-cv-00795 No. 1, PageID.19 Filed 07/31/24 Page 19 of 75 17 D. The Trustee Defendants 54. Pursuant to Article VIII, \u00a7 5 of the Michigan Constitution the \u201ctrustees of Michigan State University and their successors in office shall constitute a body corporate known as the Board of Trustees of Michigan State University.\u201d 55. The Trustees are publicly elected by Michigan voters and have general supervision over the University and its funds. The Trustees are thus public officials under Michigan law and have special duties to the public associated with their respective positions. 56. The Board consists of eight members elected for staggered eight-year terms. Members serve without compensation. MSU\u2019s Board of Trustees consists of Defendants Dianne Byrum, Dennis Denno, Dan Kelly, Renee Knake Jefferson, Sandy Pierce, Brianna Scott, Kelly Tebay, and Rema Vassar (together, the \u201cTrustee Defendants\u201d) each of whom was a member of the Board at the time of the unlawful conduct alleged herein. 57. The Governor of Michigan has statutory authority to investigate and remove a Trustee \u201cfor gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein \u00a7 168.293. The Governor has authority to appoint Trustees to fill Board vacancies \u00a7 168.294. 58. Pursuant to the Michigan Constitution, the Board \u201cshall have general supervision of [the] institution and the control and direction of all expenditures from the institution's funds.\u201d MICH. CONST. art. VIII, \u00a7 5. Under the Board\u2019s Bylaws, it \u201cexercises the final authority in the government of the University.\u201d 59. The Trustee Defendants have the duty to ensure that employees are treated \u201cin accordance with the law and [MSU\u2019s] internal policies and regulations\u201d and they can take Case 1:24-cv-00795 No. 1, PageID.20 Filed 07/31/24 Page 20 of 75 18 \u201cprompt action on urgent . . . personnel matters necessary to the best interests\u201d of MSU. Board of Trustees Bylaws, Art. VIII. 60. The Board has significant obligations with regard to the University\u2019s financial obligations to employees such as Plaintiff. The Bylaws specify that \u201c[t]he Board, being constitutionally vested with the general supervision of Michigan State University and the control and direction of all its funds, recognizes a vital and crucial institutional responsibility to those with whom it has financial transactions.\u201d Id., Art. XI. 61. The conduct of the Trustee Defendants is further governed by a Code of Ethics and Conduct, which requires the Trustees to uphold the Board\u2019s role as the supervisory and policymaking body of MSU, to properly evaluate the President, and to hold the President and the administration accountable to the Board. The Trustee Defendants have established a Committee on Audit, Risk and Compliance, which is required to review any violations and failure to comply with federal, state and local laws, rules and regulations, and policies. 62. Each of the Trustee Defendants, acting individually and together, under color of state law, violated their obligations as set forth herein, by authorizing, developing and executing a plan to unlawfully subject Plaintiff to an improper administrative proceeding and then to terminate Plaintiff\u2019s employment for the purpose of advancing their interests to protect their positions and image and that of MSU, and those of the other Defendants, and to deprive Plaintiff of his rights under the U.S. Constitution, his rights under Michigan state law, and his contractual property rights under the express terms of the Employment Agreement. 63. Upon information and belief, each of the Trustee Defendants authorized all aspects of the plan to unlawfully terminate Plaintiff\u2019s Employment Agreement including: authorizing and supporting the improper, flawed and biased investigation of Tracy\u2019s claims; authorizing the false Case 1:24-cv-00795 No. 1, PageID.21 Filed 07/31/24 Page 21 of 75 19 and misleading public statements made by other Defendants; and developing the false and pretextual basis and the Individual Defendants advanced for their unlawful termination of Plaintiff\u2019s contract. 64. At all relevant times herein, each of the Trustee Defendants was aware of a report outlining significant deficiencies in the grievance process, as well as improper conduct by Defendants Woodruff and Quinn in interfering with the process in violation of the rules requiring that the process proceed independently, without such interference. In addition, each of the Board members was presented with evidence confirming that, as in past matters, the Administration Defendants were engaging in improper conduct with regard to the investigation involving Plaintiff. Pursuant to their obligations as set forth above, the Trustee Defendants were obligated to take \u201cprompt action\u201d to protect Plaintiff\u2019s rights to due process and to a fair and impartial process. The Trustees failed to take any action to remedy the situation in violation of their obligations under the Bylaws and under applicable law. 65. Not only did the Board fail to take action to protect Plaintiff, but according to a recent investigative report, Defendant/Trustee Dr. Rema Vassar accused Defendant/Trustees Jefferson, Byrum and Scott of improperly engaging in \u201coutreach and communication with Brenda Tracy and possibly her attorney either directly or through third parties.\u201d Accordingly, it appears that Trustees themselves were complicit in the improper actions against Plaintiff 66. The violations of Plaintiff\u2019s rights by and the Individual Defendants were committed against the backdrop of numerous scandals involving the University, including one of the most, if not the most, horrific sexual abuse scandals that has ever come to light in the United States \u2013 the Larry Nassar scandal. In addition, during this period the University was the subject Case 1:24-cv-00795 No. 1, PageID.22 Filed 07/31/24 Page 22 of 75 20 of multiple investigations by the federal government and by outside independent investigators which exposed astonishing dysfunction in the relationship between the Board and the administration, and clear acts of misconduct by Woodruff and Quinn, including, as relevant here, in interfering and manipulating the University\u2019s investigative procedures. A. The Larry Nassar Scandal 67. As has been widely reported was found to have turned a blind eye to a decades-long pattern of sexual abuse of female student athletes perpetrated by the disgraced Athletics Department physician Larry Nassar. Due to MSU\u2019s failure to act, despite evidence of misconduct and complaints from student athletes about Nassar\u2019s sexually abusive acts, Nassar was able to victimize hundreds of students and members of the U.S. gymnastics team dating back to 1997. 68. Nassar was finally terminated from his employment at on September 20, 2016. In late 2017 and early 2018, after being found guilty of multiple counts of sexual abuse in separate cases, Nassar was sentenced to over 100 years in prison. Shortly thereafter, on May 16, 2018 reached a $500 million settlement with 332 of Nassar\u2019s victims. 69. The Nassar scandal sent shockwaves throughout the State of Michigan and beyond. MSU\u2019s president at the time, Lou Anna K. Simon, resigned the same day Nassar was sentenced in Ingham County Circuit Court. Shortly thereafter Athletic Director, Mark Hollis (who presided over the Athletics Department when Nassar was abusing patients and athletes) resigned. Although it has not been alleged that Hollis had direct knowledge of Case 1:24-cv-00795 No. 1, PageID.23 Filed 07/31/24 Page 23 of 75 21 Nassar\u2019s conduct prior to Nassar\u2019s arrest, it has been reported that at least six women alerted Athletics Department staff about Nassar\u2019s behavior, and no action was taken.2 70. Other administration and staff also were forced to resign in the aftermath of the Nassar scandal. B. January 2018: The \u201cOutside the Lines\u201d Report Regarding Misconduct in Athletic Programs 71. While the Nassar scandal was unfolding was rocked by another scandal, this time involving its men\u2019s football team and its longtime coach Mark Dantonio. 72. On January 25, 2018, the very same day that Hollis resigned in the aftermath of the Nassar scandal posted a report in its online magazine, Outside the Lines, entitled \u201cMichigan State Secrets Extend Far Beyond Larry Nassar Case\u201d (the Report\u201d).3 73. The Report includes allegations that \u201cMSU's most-recognizable figures, football coach Mark Dantonio and basketball coach Tom Izzo have had incidents involving their programs.\u201d Both Dantonio and Izzo are white. 74. With respect to Dantonio, the Report states that \u201c[s]ince Dantonio\u2019s tenure began in 2007, at least 16 football players have been accused of sexual assault or violence against women, according to interviews and public records obtained by Outside the Lines. Even more, Dantonio was said to be involved in handling the discipline in at least one of the cases several years ago.\u201d 2 2014/1042071001/. 3 See michigan-state-goes-larry-nassar-case-espn. Case 1:24-cv-00795 No. 1, PageID.24 Filed 07/31/24 Page 24 of 75 22 75. On or about February 3, 2020, stories began to surface in the media regarding evidence submitted in a federal lawsuit in which Dantonio previously had been named, alleging that Dantonio knowingly engaged in various recruiting violations.4 76. Dantonio quickly announced his resignation as head coach of the football team on February 4, 2020. MSU\u2019s then-Athletic Director Bill Beekman called the allegations of recruiting violations \u201cpatently false,\u201d but said that was investigating the claims. 77. Although Dantonio resigned, he was not suspended or terminated from his employment at MSU. Instead, he was allowed to continue as an advisor in MSU\u2019s Athletics Department and was allowed to retain a $4.3 million bonus payment he had received only weeks earlier in contemplation of his continuing as MSU\u2019s head football coach. 78. Moreover, after wrongfully suspending Plaintiff without pay and then terminating Plaintiff\u2019s employment as alleged herein, MSU, on September 10, 2023, re-hired Dantonio as an associate head coach of the men\u2019s football team.5 79. The Report also referenced the men\u2019s basketball program and disclosed \u201cnever-before-publicized reports of sexual or violent incidents involving members of Izzo\u2019s storied basketball program, including one report made against a former undergraduate student-assistant coach who was allowed to continue coaching after he had been criminally charged for punching a female student in the face at a bar in 2010 few months later, after the Spartans qualified for the 2010 Final Four, the same assistant coach was accused of sexually assaulting a different female student Report. 4 See, e.g., coach-amid-allegations-recruiting-violations/; see also state-university/2020/02/18/michigan-state-spartans-mark-dantonio-violate-ncaa-rules/4798101002/. 5 See, e.g., state-harlon-barnett-coach-brenda-tracy-mel-tucker-scandal/70854237007/. Case 1:24-cv-00795 No. 1, PageID.25 Filed 07/31/24 Page 25 of 75 23 80. According to the Report, federal civil rights investigators found that a \u201csexually hostile environment existed for and affected numerous students and staff on campus,\u201d and that MSU's \u201cfailure to address complaints of sexual harassment, including sexual violence, in a prompt and equitable manner caused and may have contributed to a continuation of this sexually hostile environment.\u201d Id. 81. In response to the Report, then-Interim President John Engler called it a \u201csensationalized package of reporting\u201d and though he noted would review the reports, he defended the coaches, Dantonio and Izzo, stating that he hoped \u201cthat can respond in full and affirm the integrity and probity that has been the hallmark of these two respected coaches.\u201d 82. On March 19, 2021, during a nationally televised Tournament game, in a heated exchange Izzo physically grabbed one of his players, Gabe Brown, as the team headed into the locker room. 6 Izzo laughed off the physical encounter after the game. 83. Upon information and belief did not investigate Izzo\u2019s physical altercation with Brown or take action against Izzo. Izzo remains head men\u2019s basketball coach at to this day. C. September 5, 2019: The U.S. Department of Education\u2019s Office of Civil Rights Issues a Report Criticizing MSU\u2019s Leadership and Handling of Harassment Allegations 84. In February of 2018, the U.S. Department of Education\u2019s Office of Civil Rights opened an investigation of the University\u2019s Title compliance regarding the employment and conduct of Nassar September 5, 2019, report issued by the Report\u201d), was deeply critical of the University and its leadership.7 6 See, e.g., 7 See Case 1:24-cv-00795 No. 1, PageID.26 Filed 07/31/24 Page 26 of 75 24 85. Specifically, after discussing the University\u2019s history of failing to properly administer its Title procedures, the Report found that the University \u201cfailed to promptly and equitably respond to reports and grievances alleging sexual harassment . . . and failed to take appropriate actions reasonably calculated to end harassment, eliminate the hostile environment, and prevent the harassment from recurring.\u201d The Report contains significant findings concerning improper conduct by the University\u2019s administration, including that \u201cAdministrators at the highest level of the University\u2014the President and the Provost\u2014had a long and disturbing history of failing to take any effective actions to address what was to become, over the course of 14 years, a torrent of reports and complaint\u2019s about [Dr. William Strempel\u2019s] sexually harassing conduct.\u201d D. October 2022: The Resignation of President Stanley and the Continued Failure to Properly Administer the University\u2019s Sexual Misconduct Procedures 86. In the aftermath of the Nassar scandal and the resignation of President Simon, the University hired Samuel Stanley Jr. as University President. But Stanley resigned on October 13, 2022, citing severe dysfunction within the ranks of the University\u2019s Board of Trustees, including, as particularly relevant here, its failure to properly oversee the University\u2019s sexual harassment investigation procedures. 87. According to published reports, the acrimony between Stanley and the Trustees (and among the Trustees themselves) stemmed from the failure of the University to comply with certain Title compliance protocols in the aftermath of the Nassar scandal, including a requirement that both the President and a Trustee sign an annual certification that they have reviewed all Title reports involving sex-based misconduct allegations. Certain Trustees accused Stanley of signing the certification without conducting a complete review of the matters. Case 1:24-cv-00795 No. 1, PageID.27 Filed 07/31/24 Page 27 of 75 25 88. For example, Trustee Patrick O\u2019Keefe stated publicly that Stanley failed to ensure compliance with offices investigating sexual misconduct. He called the submitted certification document \u201cfalse\u201d and raised questions about leadership\u2019s honesty and integrity. O\u2019Keefe was further quoted as saying \u201cNumerous deficiencies were noted,\u201d and \u201cthe support for the certification (of compliance) was either non-existent or inadequate.\u201d 89. Other Trustees responded emotionally to O\u2019Keefe\u2019s statements. According to a published report, Trustee Brianna Scott, expressed her disagreement and, reportedly in tears, stated that \u201cshe doesn\u2019t trust some of her colleagues on the Board, sharing her frustration and occasional desire to \u2018break free.\u2019\u201d 90. The foregoing are just examples of the open hostility among the University\u2019s leadership over the way the University was handling or, more accurately not handling, requirements and policies imposed to ensure that the University was properly administering its sexual misconduct investigation procedures. 91. Moreover, the failures of the University\u2019s leadership were also roiling the University community at large. At or about the same time the Board and administration were publicly feuding in the Fall of 2022, the Faculty Senate, its Academic Congress, its University Council and its Associated Students of MSU, all issued votes of no confidence in the Board of Trustees over its failure to properly administer the University\u2019s sexual harassment programs. E. November 2022: The Federal Government Opens Another Investigation of the University\u2019s Handling of Sexual Misconduct Claims 92. In or about November of 2022, the U.S. Department of Education\u2019s Office of Civil Rights opened yet another investigation into the University\u2019s handling of sexual misconduct Case 1:24-cv-00795 No. 1, PageID.28 Filed 07/31/24 Page 28 of 75 26 claims. According to published reports sent a letter to Woodruff seeking information concerning the University\u2019s handling of a sexual harassment claim, including whether the University had improperly interfered with the claim. According to published reports, the letter requested that the University provide copies of dozens of documents and communications relating to the case. As alleged further herein, this federal investigation was opened at the very time the Defendants learned of the claim by Tracy and began their improper and unauthorized investigation of Plaintiff. F. March 2023: The Quinn Emanuel Report Documents the Administration\u2019s Interference with the Investigation of Dr. Gupta 93. In 2022, Dr. Sanjay Gupta, the Dean of the University\u2019s business school, was stripped of his position by Woodruff (then University Provost) during a highly irregular investigation. The actions of Woodruff and others (including Quinn\u2019s Office of General Counsel) raised deep concerns regarding the way Woodruff and Quinn\u2019s office improperly interfered in and manipulated the University\u2019s investigation of Gupta who, according to Woodruff, had failed to report an act of sexual harassment. 94. At the time Gupta was stripped of his position, Woodruff was actively pursuing the position of University President and it has been alleged that she viewed Gupta as a rival and engineered a process to get rid of him. Gupta, who is a man of color (Indian American) has commenced an action against Woodruff, Quinn, and others alleging multiple violations of his civil rights, including disparate treatment based on his ethnicity.8 8 Dr. Gupta sued administrators, including Woodruff and Title officials, on February 24, 2023. See, e.g., Alex Walters, Former Business Dean Sues Interim President, Top Officials, The State News (Feb. 25, 2023), Case 1:24-cv-00795 No. 1, PageID.29 Filed 07/31/24 Page 29 of 75 27 95. On or about November 30, 2022, Trustee Patrick O\u2019Keefe resigned from the Board citing the University\u2019s handling of its sexual harassment policies and called for \u201canswers regarding\u201d the selection of Teresa Woodruff as Michigan State\u2019s interim president who, as Provost, had pushed for Gupta\u2019s ouster. 96. Concerned about these allegations, and about the further upheaval roiling the leadership, in August 2022, the Board engaged the law firm of Quinn Emanual to investigate the circumstances surrounding the actions taken by Woodruff and Quinn\u2019s office against Gupta. Woodruff vehemently opposed the investigation and reportedly sent a letter to the Board demanding that it terminate the investigation. The Board denied Woodruff\u2019s demand. 97. According to published reports, in December 2022, Quinn Emanual, in a 90-minute closed door session, provided the Board with a verbal report of its investigation results, including a detailed PowerPoint presentation of its findings. 98. Thereafter, on March 31, 2023, Quinn Emanual issued a report of its investigation (the \u201cQuinn Emanual Report\u201d), which was made public by the Board. The Quinn Emanuel Report exposed severe dysfunction in the investigative process, including, as particularly relevant here, that: (i) the was not acting independently in violation of the University\u2019s rules; (ii) Woodruff and the led by Quinn, improperly interfered in the investigative process, including, as specifically relevant here, seeking to prevent from closing the investigation of Gupta and assisted the claimant in modifying her complaint; (iii) the University acted against Gupta even before the administrative process played out, thus raising due process concerns; (iv) the investigation against Gupta was sloppy and mistake prone and did not support the vast majority of the actions taken against him; and (v) public statements issued by Woodruff were damaging to Gupta\u2019s reputation. Case 1:24-cv-00795 No. 1, PageID.30 Filed 07/31/24 Page 30 of 75 28 99. As shown above, the Board was fully aware of the findings of Quinn Emanual while the very same members of the administration \u2013 Woodruff and Quinn \u2013 were taking many of the same improper actions against Plaintiff. The Quinn Emanual Report surely raised multiple red flags with the Board concerning the way Woodruff, Quinn and Haller were improperly pursuing Plaintiff and handling the allegations against him. However, the Board failed to intervene, in violation of its obligations to Plaintiff under the University Bylaws and as a matter of law. G. October 2023: The Board Commissions Yet Another Investigation Concerning the Board\u2019s Alleged Failure to Comply with its Obligations 100. The dysfunction infecting the Board continued even after the Quinn Emanual investigation and Report. In October 2023 the Board commissioned yet another investigation, this time by the law firm Miller & Chevalier Chartered, concerning the Board\u2019s alleged failure to comply with its obligations under the Bylaws and under applicable law, resulting in a February 28, 2024 report (the \u201cMiller Chevalier Report\u201d). 101. The investigation was prompted by accusations by Defendant Trustee Brianna Scott that the then-Chair of the Board, Defendant Trustee Dr. Rema Vassar, violated various Board of Trustees policies, including the Board of Trustees Code of Ethics and Conduct, the Board of Trustees Bylaws, and the Board of Trustees Conflict of Interest Policy. Trustee Scott\u2019s accusations led to yet another round of in-fighting and counter-accusations by Trustee Vassar and others. 102. The Miller Chevalier Report provides a deeply troubling retrospective assessment of the University\u2019s fractured leadership during the time period at issue in this action, including with respect to the actions taken against Plaintiff. Indeed, according to the Miller Chevalier Report, Trustee Defendant Vassar \u2013 then the Board Chair \u2013 accused three Trustees, Defendant Trustees Knake Jefferson, Byrum and Scott, of improperly interfering in the investigation of Case 1:24-cv-00795 No. 1, PageID.31 Filed 07/31/24 Page 31 of 75 29 Plaintiff by engaging in \u201coutreach to and communication with Brenda Tracy and possibly her attorney either directly or through third parties.\u201d The Miller Chevalier Report and the Quinn Emanual Report, taken together, show a pattern of leadership acting improperly in connection with University investigations. 103. Moreover, the Miller Chevalier Report paints a picture of leadership that is so fractured and dysfunctional that it would be hard to believe if it were not so well-documented. Among other things, recorded conversations among Trustee Defendants Vassar and Denno, and representatives of student groups, document Vassar and Denno urging the students to use information that Vassar and Denno provided to the students to publicly embarrass Woodruff and other members of the administration. 104. In one such recorded conversation, Trustee Denno stated think the trump card is embarrassing them [referring to the administration]. They do not like to be embarrassed. The Provost and Interim President [Woodruff] are looking for their next jobs; they just don\u2019t want to be embarrassed. They want to come out with no scandals.\u201d Denno goes on to say that the best way to embarrass them is by \u201cpress, media . . . They hate that. They hate being publicly embarrassed.\u201d Denno goes on to say: \u201cembarrass [Woodruff] . . . tell her you\u2019re working with the Black Student Alliance, whether you are or not . . . that will terrify her.\u201d 105. During that same recorded conversation, Trustee Vassar chimes in to advise the students that \u201cthere\u2019s so many other groups you could partner with to crucify her [Woodruff].\u201d Vassar then reinforces that leaks to the media are the \u201cway to go.\u201d According to Vassar: \u201cPress is the way to go. They smeared me in the press\u2026 So, if there is a mechanism, then that is the one.\u201d 106. The references to Woodruff and other members of the administration being concerned for their own interests \u2013 primarily protecting their jobs and avoiding public Case 1:24-cv-00795 No. 1, PageID.32 Filed 07/31/24 Page 32 of 75 30 embarrassment \u2013 is fully consistent with the conduct at issue in this lawsuit which, as demonstrated throughout, was largely motivated by the Defendants\u2019 acting to advance their self-interest. Moreover, that the Chair of the Board would advocate the release of knowingly false information to the media to advance her interests \u2013 \u201ctell her you\u2019re working with the Black Student Alliance, whether you are or not\u201d \u2013 is a shocking example of reprehensible conduct by Defendant Trustee Vassar and Defendant Trustee Denno that confirms that the Trustees have acted in violation of their obligations under the Bylaws and applicable law and, indeed, in violation of any reasonable standards of decency. The Miller Chevalier Report concludes that Trustees Denno and Vassar not only were \u201ccondoning incivility and intimidation\u201d but were also acting in express violation of their legal obligations and fiduciary duties. 107. The Miller Chevalier Report goes on to document further dysfunction, including: (1) leaks to the media by Trustees designed to embarrass and intimidate members of the administration or other Trustees; (2) acts of bullying and retaliation by certain Trustees, including by Vassar, which has created an environment of fear amongst administrators; (3) a \u201cfraught relationship between the administration and the Board of Trustees, resulting in the Board of Trustees at times assuming an outsized role at the institution\u201d; and (4) \u201ca fractured Board plagued by distrust and an environment in which colleagues no longer assume positive intent and often act as adversaries.\u201d 108. The issues plaguing the Board are so extreme that Miller Chevalier recommended that the matter be elevated to Governor Whitmer for review pursuant to Section 168.293, which provides the Governor with the power to remove Trustees from office \u201cfor gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein.\u201d Defendant Case 1:24-cv-00795 No. 1, PageID.33 Filed 07/31/24 Page 33 of 75 31 Vassar resigned her position as Chair of the Board shortly after the Miller Chevalier Report was published A. February 2020: Plaintiff Becomes One of the Highest Paid Coaches in College Football 109. After the sudden resignation of Dantonio in February 2020 conducted a search and quickly hired Plaintiff as MSU\u2019s head football coach. 110. In consideration of Plaintiff\u2019s exemplary performance in the college and pro ranks, and his impeccable reputation, Plaintiff\u2019s initial contract at MSU, signed in February 2020, was valued at $5.5 million annually for six years. At the time of signing, Plaintiff became one of the highest paid head coaches in college football 111. As announced on the website: \u201cIn just his second year in East Lansing in 2021, Tucker led to an 11-2 record, a Top 10 ranking, and a win in the New Year\u2019s Six with a victory over Champion and No. 12 Pittsburgh in the Chick-fil Peach Bowl. Tucker was named a finalist for National Coach of the Year by multiple organizations, including the American Football Coaches Association, the Paul Bear Bryant Awards, the Football Writers Association of America and the Maxwell Football Club. He was also named the Big Ten Coach of the Year by both the coaches and media and the Region 3 Coach of the Year. In June 2022, Tucker was named the College Coach of the Year by the National Coalition of Minority Football Coaches. Going from two wins in 2020 to 11 wins in 2021 completed the biggest turnaround in school history (previous: seven- game improvement from 2016 to 2017) and finished the season ranked No. 8 in the Coaches Poll and No. 9 in The Associated Press Poll. Tucker became the earliest Spartan coach to win double- figure games in a season (previous: Mark Dantonio with 11 wins in his fourth season at in 2010).\u201d9 9 (last accessed July 29, 2024). Case 1:24-cv-00795 No. 1, PageID.34 Filed 07/31/24 Page 34 of 75 32 B. November 2021 Signs Plaintiff to a 10-Year Contract Extension 112. In recognition of Plaintiff\u2019s exceptional performance and impeccable reputation, as well as the concern that Plaintiff might leave for another position after the season initiated discussions with Plaintiff in November 2021, during the football season, for a contract extension that would pay Plaintiff more money and ensure he stayed at for many more years. 113. Those discussions resulted in and Plaintiff entering into the November 24, 2021 Employment Agreement establishing the terms and conditions of Plaintiff\u2019s employment for MSU. See Ex. A. 114. Pursuant to the Employment Agreement, Plaintiff was to continue in his position as head coach of MSU\u2019s Men\u2019s Intercollegiate Football Team through January 1, 2032 \u2013 i.e., for what the Agreement defines as a \u201cten-year term.\u201d Ex. A, \u00b6 III(A). Plaintiff was to report to Defendant Haller, who had been appointed as MSU\u2019s Athletic Director several months prior to Plaintiff\u2019s contract extension, after a long tenure as MSU\u2019s Deputy Athletic Director. 115. Pursuant to the Employment Agreement, Plaintiff was to be paid a \u201cBase Salary\u201d of $5.9 million per year for each year of the ten (10) year term of the Agreement for his services as head football coach, Ex. A, \u00b6 II(B), as well as \u201cSupplemental Annual Income\u201d and other compensation for a total annual compensation package of approximately $9.5 million, plus the substantial value of fringe benefits. The Agreement provides that the total compensation is guaranteed, meaning that if the University terminates Plaintiff without cause, it is responsible to pay the outstanding balance of compensation owed to Plaintiff. 116. Termination of the Agreement for cause is strictly limited by Section III(B) (Early Termination; Damages), which provides as follows: \u201c(i) The university may terminate this Agreement prior to the expiration of its term at any time, for cause, without liability to the Case 1:24-cv-00795 No. 1, PageID.35 Filed 07/31/24 Page 35 of 75 33 Coach or any other penalty. Cause for such termination includes, without limitation, the following: (a) the Coach materially breaches this Agreement; (b) the Coach is convicted of a crime, other than a minor traffic offense; (c) the Coach engages in any conduct which constitutes moral turpitude or which, in the University\u2019s reasonable judgment, would tend to bring public disrespect, contempt, or ridicule upon the University (e.g., material insubordination or impropriety involving a student). Notwithstanding anything to the contrary herein, the University shall not terminate the Coach for cause unless the University has provided the Coach with written notice, specifying the grounds for termination, and afforded the Coach the opportunity to present reasons to the Athletic Director and the University\u2019s President ad to why he should not be terminated on the grounds stated therein.\u201d 117. As described further herein, Defendants improperly invoked the Early Termination Provision to orchestrate the unjustified termination of the Employment Agreement based on transparently false and pretextual grounds. C. August 2021: Plaintiff and Brenda Tracy Begin a Private Personal Relationship 118. Brenda Tracy is the founder of Set the Expectation, an organization which, according to its website, is a nonprofit organization dedicated to ending sexual and interpersonal violence through prevention work with men, advocacy, and engagement with agencies serving survivors and their families. 119. Tracy is not an student nor is she an employee. Rather, in or about July 2021 contracted with Tracy to conduct an education training session at for the men\u2019s football team on a single occasion \u2013 August 14, 2021 \u2013 concerning sexual misconduct prevention. The contract specified a fee of $10,000 for that one-day program. 120. Following Tracy\u2019s visit to for the training program, Plaintiff and Tracy began a consensual and deeply personal relationship. Although Plaintiff was married at the time, he had been estranged and essentially separated from his wife for years. The relationship between Plaintiff and Tracy involved mostly phone calls and text messages, including late-night phone Case 1:24-cv-00795 No. 1, PageID.36 Filed 07/31/24 Page 36 of 75 34 conversations in which they discussed intimate matters. They had very limited in-person contact. Plaintiff sent Tracy gifts, including a pair of Nike sneakers she had told Plaintiff she wanted, as well as $200 to Tracy\u2019s personal Venmo account. This personal relationship was entirely private and did not involve Tracy\u2019s limited one-time engagement for or any other aspect of the University. 121. Evidence obtained by counsel for Plaintiff after Plaintiff\u2019s unlawful termination by \u2013 i.e., text message communications which Tracy did not disclose to during the investigation of her claims \u2013 demonstrates that Tracy was acutely focused on Plaintiff\u2019s lucrative November 2021 contract extension and hoped to convince Plaintiff to personally fund her business. 122. Specifically, in a text message on November 26, 2021, days after Plaintiff\u2019s contract extension with was announced, Tracy wrote the following to her close friend, confidante and business assistant, Ahlan Alvarado: \u201c[Plaintiff] signed his contract cant [sic] even wrap my brain around 95 million. Sheesh . . . Can you imagine around 700k going into your bank account every month. Every month . . . We\u2019re gonna make it happen . . . I\u2019m gonna ask him to finance the doc part of it . . . . He\u2019ll do it.\u201d Upon information and belief, the reference in the message to the \u201cdoc part of it\u201d was apparently to promotional literature involving Tracy\u2019s organization. 123. Other texts that she did not disclose to during the investigation of her claims further indicate that Tracy was hoping to obtain money for personal expenses. 124. On April 28, 2022, during a lengthy evening phone conversation between Tracy and Plaintiff that lasted 36 minutes, Tracy sent Plaintiff a provocative photo of the two of them from behind in which she was wearing tight leather pants, to, according to Tracy, \u201clighten\u201d the conversation. Tracy only provided the photo to after Plaintiff raised the issue to the Investigator. Case 1:24-cv-00795 No. 1, PageID.37 Filed 07/31/24 Page 37 of 75 35 125. In the summer of 2022, Plaintiff became concerned that Tracy and/or her assistant Alvarado were making false statements about Plaintiff\u2019s marriage. Plaintiff confronted Tracy about this in an August 2022 phone call. Their personal relationship soured, and Plaintiff discontinued his contact with Tracy, thus ending Tracy\u2019s ability to acquire money and gifts from Plaintiff. D. November 2022: Tracy Contacts MSU\u2019s General Counsel, Brian Quinn, To Complain About Plaintiff 126. Upon information and belief, unbeknownst to Plaintiff, in November of 2022, Tracy, through her counsel, contacted MSU\u2019s General Counsel, Defendant Brian Quinn, and advised him that Tracy intended to pursue a sexual harassment claim against Plaintiff. 127. Upon information and belief, Tracy, through her counsel, told Quinn that she was seeking a financial settlement without having to go to a hearing and inquired whether would make a quick payment to settle the claim. 128. Quinn did not immediately advise Plaintiff of the allegations being made against him by Tracy. Instead, upon information and belief, Quinn immediately reported his conversation with Tracy to MSU\u2019s administration, including its President, Defendant Woodruff, its Athletic Director, Defendant Haller, and to its then-Board members, the Trustee Defendants named herein. 129. As set forth above, at the time Tracy made her claim, the University\u2019s leadership was in turmoil. The Board and the administration were publicly trading accusations of mismanagement and worse \u2013 of failure to comply with their respective obligations under the governing documents. Board members and key members of the administration had been resigning amid caustic accusations and counter-accusations. Members of the University\u2019s leadership openly described a climate of mistrust and suspicion. In addition to this internal strife, Woodruff and Case 1:24-cv-00795 No. 1, PageID.38 Filed 07/31/24 Page 38 of 75 36 Quinn had just learned that the U.S. Department of Education\u2019s had opened yet another investigation of the University\u2019s administrative processes concerning claims of sexual misconduct. 130. The dysfunction at the highest level of the University\u2019s leadership resulted in a siege mentality among the individual Board members and members of the administration, with each member concerned primarily with protecting themselves and preserving their positions and their careers. 131. In this toxic climate, the allegations made by Tracy set off alarm bells at the highest levels of MSU\u2019s administration \u2013 not because of the content of the allegations, but because if they became public the news media would undoubtedly bring up MSU\u2019s history of mishandling claims involving its Athletics Department. Desperate to avoid that negative press coverage and public attention (and how that might impact their positions), and without any interest in determining the validity of Tracy\u2019s claim \u2013 which was and is false \u2013 the Individual Defendants quickly devised a plan to prevent the matter from becoming public and to establish a basis to terminate Plaintiff\u2019s contract. 132. Upon information and belief, the Defendants developed a plan pursuant to which Tracy\u2019s claim would become the subject of a confidential investigation pursuant to the University\u2019s Policy, which is administered by the University\u2019s OIE. As set forth herein, the Individual Defendants were fully aware that the process did not cover Tracy\u2019s claim because the conduct alleged involved a private relationship unrelated to the University. But the Defendants wrongfully invoked the process in order to keep Tracy\u2019s claim under wraps while the Defendants determined how to deal with Plaintiff and the $80-plus million owed to him on his contract. 133. Upon information and belief, and in furtherance of the plan developed by the Individual Defendants, in or about late November 2022, Quinn contacted Tracy\u2019s counsel and Case 1:24-cv-00795 No. 1, PageID.39 Filed 07/31/24 Page 39 of 75 37 advised that would not make a financial settlement offer, would not apprise Plaintiff or his counsel of the settlement inquiry, and that Tracy should instead file a claim pursuant to the confidential Policy. Upon information and belief, Quinn specifically advised Tracy\u2019s counsel that if Tracy did not institute such a proceeding would do so on its own accord. E. December 2022: Tracy Files an Administrative Complaint With 134. On or about December 21, 2022, Tracy filed a formal grievance against Plaintiff under the Policy (\u201cComplaint\u201d), as instructed by Quinn. 135. At the time Tracy decided to pursue her claim against Plaintiff she was in dire financial straits. In a text message dated December 10, 2022 \u2013 eleven days before filing the Complaint \u2013 Tracy stated that she \u201cwas down to $5.\u201d Tracy did not disclose this text message to MSU. 136. Moreover, the text messages Tracy did not disclose to confirm that Tracy was seeking a quick financial settlement. Specifically, on December 9, 2022, again, just eleven days before filing the Complaint, Tracy wrote: \u201cI\u2019m filing a formal complaint with MSU\u2026 [My lawyer] said after that we can let him know that we want to come to an agreement then it doesn\u2019t have to go to a hearing or anything unless he wants it to.\u201d In an earlier message on September 1, 2022, she stated that \u201c[w]hen they do the money should make him [referring to Plaintiff] pay me 10k directly[.]\u201d 137. The Complaint describes a personal relationship between Plaintiff and Tracy. It alleges that during that relationship, Plaintiff and Tracy had several telephone communications \u2013 all while both parties were away from the campus. Tracy contended that on a number of calls Plaintiff made unwanted comments of a sexual nature and, during a lengthy call on the Case 1:24-cv-00795 No. 1, PageID.40 Filed 07/31/24 Page 40 of 75 38 evening of April 28, 2022, he masturbated against her consent and made inappropriate comments. This was the 36-minute call referenced, supra, \u00b6 124. 138. In or about late-December, 2022, Plaintiff was finally advised of Tracy\u2019s claim at a meeting called by Defendants Haller and Quinn and attended by Plaintiff and his counsel. Haller essentially read the claims set forth in Tracy\u2019s Complaint to Plaintiff. 139. What Plaintiff did not know (but Haller, Quinn and the other Individual Defendants did know) was that, upon information and belief, Tracy had already contacted Quinn seeking a quick financial settlement, a request that should have raised a red flag concerning the bona fides of Tracy\u2019s claims. But the \u201cfacts\u201d were of little concern to the Defendants. All that mattered to them was retaining jurisdiction over the claim so that they could preserve their options concerning how to deal with Plaintiff and his contract. F. Plaintiff\u2019s Response to the Complaint 140. On or about, January 30, 2023, Plaintiff, through counsel, submitted a detailed response (\u201cPlaintiff\u2019s Response\u201d) to the Complaint. Plaintiff categorically denied the Complaint\u2019s allegations of misconduct. Specifically, Plaintiff denied that he ever made any unwanted comments and denied Tracy\u2019s characterization of their 36-minute April 28, 2022 phone call. Instead, Plaintiff explained that he and Tracy had been involved in a consensual private relationship and that the conduct Tracy mischaracterized as \u201cunwanted\u201d was consensual \u201cphone sex\u201d between Tracy and Plaintiff. Plaintiff made the obvious point that, if the conduct was unwanted, then Tracy could have easily terminated the phone call, but she did not do so because she was consensually participating in the conduct\u2014which occurred after she sent him the provocative photo on that same call. Case 1:24-cv-00795 No. 1, PageID.41 Filed 07/31/24 Page 41 of 75 39 141. Plaintiff\u2019s Response also pointed out that, as a threshold matter was required to dismiss Tracy\u2019s claim because the allegations were not covered under the Policy and, therefore, there was no jurisdiction for to investigate the matter. 142. Pursuant to the Policy, the University\u2019s Office for Civil Rights and Title Compliance & Education OCR\u201d) must make an initial assessment of a claim including whether \u201cjurisdiction\u201d or \u201ccoverage\u201d exists Policy \u00a7\u00a7 XII(A), (C). In order for there to be coverage the alleged conduct must: (1) constitute sexual harassment or some other prohibited conduct; and (2) have occurred on campus, off-campus in a University sponsored program or activity, off-campus in a program or activity sponsored by a student governing body, or off-campus and outside of a University-sponsored program or activity but which has continuing adverse effects on the campus or on a University-sponsored program or activity Policy complaint \u201cmust be dismissed if the conduct alleged does not meet all of the coverage requirements\u201d set forth in the Policy Policy \u00a7 XII(F)(1)(a). 143. Plaintiff\u2019s Response pointed out that Tracy\u2019s allegations did not come close to meeting the criteria for jurisdiction. All the key interactions alleged in Tracy\u2019s complaint\u2014the April 2022 call and the August 2022 call\u2014failed to meet these two jurisdictional requirements and, therefore, there was no coverage under the Policy. Specifically, as set forth in Plaintiff\u2019s Response, the alleged conduct\u2014all of which constituted private phone calls away from the University \u2013 did not occur in a University-sponsored program or activity, nor did it allege prohibited conduct that has a continuing adverse effect on the campus or on a University-sponsored program or activity. 144. Because of this fundamental defect was \u201crequired\u201d to dismiss Tracy\u2019s Complaint. But rather than doing so, the Defendants, upon information and belief, continued to Case 1:24-cv-00795 No. 1, PageID.42 Filed 07/31/24 Page 42 of 75 40 pressure the to retain coverage of the matter under the policy and conduct an investigation pursuant to that policy. 145. Upon information and belief, the Defendants, including Defendant Haller as liaison to the (a department within OCR), were involved in the efforts to retain control over the proceeding against Plaintiff and create a pretext for his termination. 146. Despite the lack of authority to even consider Tracy\u2019s complaint, the Defendants rejected Plaintiff\u2019s jurisdictional arguments and MSU\u2019s initiated a purported \u201cinvestigation\u201d of Tracy\u2019s claims (the Investigation\u201d) in early 2023 under the policy appointed an Investigator to conduct the investigation. G. MSU\u2019s Flawed Investigation 147. Even after the opening of an investigation the University is obligated to continue to assess the issue of coverage and must dismiss a complaint if at any time it determines that there is a lack of coverage Policy \u00a7 XII(F). The lack of a jurisdictional basis for the investigation was pointed out repeatedly by Plaintiff throughout the process. 148. For example, through counsel, Plaintiff presented the Investigator and Defendant Quinn with an expert report by Brett Sokolow of Consulting LLC. Mr. Sokolow has been one of the preeminent experts in the field of university sexual misconduct investigations for more than 25 years and has been involved in more than 1,000 school and campus sexual misconduct cases as an investigator, trainer, consultant, expert, advisor, decision-maker, appeal decision-maker, and Title administrator. Mr. Sokolow literally wrote the model policy and templates on which some language in the Policy is based. 149. Mr. Sokolow concluded that lacked jurisdiction over this private matter, and that the efforts by the Individual Defendants to maintain coverage was unprecedented, stating that Case 1:24-cv-00795 No. 1, PageID.43 Filed 07/31/24 Page 43 of 75 41 \u201c[t]o my knowledge, no public university has ever attempted or succeeded in claiming such broad jurisdiction for its policies and procedures.\u201d 150. Quinn and the other Individual Defendants were repeatedly advised of the lack of jurisdiction and that was required by Policy \u00a7 XII(F)(1) to dismiss Tracy\u2019s complaint and terminate the investigation. However, the Defendants refused to give up their unauthorized \u201cinvestigation\u201d of Plaintiff. In addition to breaching their obligation to dismiss Tracy\u2019s complaint for lack of coverage, Defendants repeatedly violated other fundamental rights to which Plaintiff was entitled as a matter of law and under the Policy. 151. For example, the Policy provides that Plaintiff was entitled to \u201cequitable treatment\u201d in the Investigation and that \u201c[a]ll procedures, rules, and practices adopted as part of the formal grievance process [would] apply equally to both parties Policy \u00a7 XIII(A)(2). He also was entitled to a process free of \u201cconflicts of interest and bias.\u201d Id. \u00a7 XIII(A)(6). 152. Additionally, under the Policy, Plaintiff was \u201cpresumed to be not responsible for the reported conduct until a determination regarding responsibility is made at the conclusion of the applicable formal grievance process Policy \u00a7 XIII(A)(3). Plaintiff was entitled to a hearing to determine such responsibility, at which Plaintiff was entitled \u201cto ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility\u201d and was entitled to conduct cross-examination \u201cdirectly, orally, and in real time by the party\u2019s advisor of choice Policy \u00a7 XIII(C)(6) . 153. Moreover rules impose substantial obligations on to marshal evidence and to allow for the consideration of newly discovered evidence. Indeed, even after a final determination regarding responsibility has been made, the Defendants \u201cmust re-open the formal Case 1:24-cv-00795 No. 1, PageID.44 Filed 07/31/24 Page 44 of 75 42 grievance process\u201d to allow for consideration of newly discovered evidence Policy \u00a7 XIII(G). 154. As demonstrated herein, the process imposed by the Defendants violated each one of these rights and many others. For example, in addition to the fact that the claim should have been dismissed immediately, the Investigator engaged in improper ex parte discussions with Tracy and her counsel, and the Investigator refused to follow up on numerous factual issues identified by Plaintiff\u2019s counsel. 155. In addition, the Investigator failed to pursue key evidence that would have demonstrated the falsity of Tracy\u2019s claims and which, if considered, should have resulted in the dismissal of the matter. Indeed, the Investigator permitted Tracy to submit certain text messages and emails she had cherry-picked for production without requiring Tracy to produce her full set of electronic communications with others, including her close friend and business assistant Ahlan Alvarado, with whom she sent many text messages concerning Plaintiff and their relationship. Plaintiff\u2019s counsel repeatedly asked the Investigator as well as Defendant Quinn, to aggressively pursue all available evidence, but they did not do so. H. The Individual Defendants Were Apprised of Developments During the Investigation 156. The Defendants, including Quinn, Haller and Woodruff, were keeping close tabs on the progress of the purported investigation of Plaintiff and, in fact, were specifically apprised of developments by counsel for Plaintiff at various points in the investigation. 157. In addition, given the role of the Trustees, and Plaintiff\u2019s high-profile position at MSU, upon information and belief, Haller, Quinn and Woodruff reported on developments to the Case 1:24-cv-00795 No. 1, PageID.45 Filed 07/31/24 Page 45 of 75 43 Trustee Defendants. Accordingly, the Individual Defendants were aware of the factual record in the investigation as it was being developed. 158. By way of example, Defendant Quinn was copied on a lengthy May 22, 2023 letter from Plaintiff\u2019s counsel to the University\u2019s Investigator summarizing the facts elicited, pointing out the numerous legal and procedural flaws in the investigation, and demanding that the proceeding be dismissed. 159. In addition, Defendant Quinn was copied on lengthy and detailed correspondence concerning the underlying proceedings on June 23, 2023, July 7, 2023 (two letters) and August 4, 2023. 160. Accordingly, the Administration Defendants had complete information concerning the underlying investigation at least as early as the Spring of 2023. And crucially, based on this information, the Individual Defendants were aware that that Plaintiff vigorously disputed Tracy\u2019s allegations including her description of the April 28, 2022, phone call as involving \u201cunwanted\u201d sexual activity \u2013 the principal basis for the Defendants\u2019 improper termination of Plaintiff\u2019s contract. As set forth in this correspondence and, indeed, from the outset of the improper Investigation, Plaintiff consistently explained that in the context of their private, personal relationship they had engaged in consensual phone sex. Upon, information and belief, all of this information was shared with the Trustee Defendants. I. Spring/Summer 2023: Tracy Violates the Confidentiality Policy by Disclosing her Claim to the Media 161. The University\u2019s policies provide for confidentiality of the existence of an investigation, the facts and materials underlying any such investigation, and the participants in the investigation (e.g., respondent, complainant, witnesses) to those outside MSU. Case 1:24-cv-00795 No. 1, PageID.46 Filed 07/31/24 Page 46 of 75 44 162. First, the Policy clearly states that \u201c[t]he University will seek to protect the privacy of parties in compliance with applicable laws and regulations. The University will keep private the identity of any individual who has made a report or formal complaint of prohibited conduct under this Policy; the identity of any claimant; the identity of any respondent; and the identity of any witness Policy \u00a7 IX. 163. In addition Policy Hearing Procedures \u00a7 III(D), provides the parties electronic access to the case file, but expressly states that \u201c[n]o copies may be made of the information in the File, including taking pictures or screenshots.\u201d 164. Despite these policies, at some point during the Investigation, in the spring of 2023, information concerning the Investigation was leaked to the press. The leaked information became the basis for news reports several months later, as further discussed herein. 165. Because of the seriousness of this confidentiality breach, in September 2023 engaged the law firm Jones Day to investigate the source of the leak. Jones Day concluded that there was clear evidence pointing to Tracy and her counsel as the likely source. Specifically, a report issued by Jones Day in December 2023 (\u201cJones Day Report\u201d) concluded that \u201cTracy communicated some information related to her complaint against [Plaintiff] and/or the underlying allegations to multiple media outlets . . .\u201d10 166. Text messages \u2013 which upon information and belief Tracy did not disclose to the Investigator \u2013 revealed that Tracy spoke with Reporter Dan Murphy about her allegations in May 2023 while the Investigation was ongoing. In addition, other evidence demonstrated that Tracy spoke to an unnamed reporter at ESPN. According to the Jones Day 10 Available at: leak-investigation15389320126.pdf?rev=2168cf5b55d840ef834dce6f471e8bb4&hash=6DE49C6CE5C29B2D C81EF989C40A9A1C. Case 1:24-cv-00795 No. 1, PageID.47 Filed 07/31/24 Page 47 of 75 45 Report, a May 16, 2023 text message from Tracy states as follows just talked to my new reporter like him. He said they aren\u2019t going to do anything yet. But obviously if they get tipped off about other outlets or if [Plaintiff] does something they would need to cover it told him understood the process and all that but that I\u2019m also trying to get through the school process without public input.\u201d 167. Upon information and belief, Tracy\u2019s communications to the media were the basis for Freedom of Information Act (\u201cFOIA\u201d) requests to by multiple media outlets issued in or about July of 2023, specifically seeking information concerning a claim of sexual harassment against Plaintiff. 168. When the requests became known to counsel representing Plaintiff in the Investigation, counsel immediately contacted to demand an investigation into the source of the leak, and to document the clear prejudice being done to Plaintiff and his ability to defend himself in the already-flawed Investigation process. Again, Defendants Quinn and Haller were copied on this correspondence. 169. On two occasions \u2013 on August 2, 2023, and August 25, 2023 \u2013 Plaintiff, through counsel, demanded that the Defendants implement measures to investigate the source of the leak and ensure that there were no further breaches of the University\u2019s confidentiality policies that could result in Plaintiff\u2019s identity becoming known to the public and prejudice to Plaintiff. 170. Defendants ignored Plaintiff\u2019s requests to investigate the leak of information regarding the process. The Defendants\u2019 failure to take immediate action in response to Plaintiff\u2019s request resulted in disclosure of further information to the media which caused severe damage to Plaintiff as set forth herein. In fact, Defendants only initiated an investigation of the leak on or about September 12, 2023 after Tracy complained. Case 1:24-cv-00795 No. 1, PageID.48 Filed 07/31/24 Page 48 of 75 46 J. September 10, 2023: The Media Reports on Tracy\u2019s Sexual Misconduct Claims Against Plaintiff Using the Confidential Records Tracy Disclosed 171. On September 10, 2023, the claims against Plaintiff became the subject of national media attention when Today published an article entitled \u201cMichigan State Football Coach Mel Tucker Accused of Sexually Harassing Rape Survivor.\u201d11 This was the first media article discussing Tracy\u2019s allegations, which had not been publicly reported on because of the purportedly confidential investigation process. 172. The article discloses that Tracy had provided the press with a large portion of the confidential Investigation file, thereby undermining the confidentiality of the Investigation and the administrative process while it was pending and before any hearing. Specifically, the article states that while Today \u201ctypically does not identify people who allege sexual harassment . . . Tracy agreed to be identified and shared more than 1,200 pages of case documents\u201d with the Today reporter. 173. Not surprisingly given Tracy\u2019s involvement in its publication, the Today Article provided a one-sided description of the evidence that was designed to generate public support for Tracy\u2019s account and to inflict maximum damage to Plaintiff. 174. Indeed, within hours of the publication of the initial article Today published a follow up article entitled, \u201cIn The Michigan State Story, Brenda Tracy Is The Believable One. Not Coach Mel Tucker.\u201d12 It is hard to imagine a more orchestrated and one-sided rendition of the claims being alleged against Plaintiff. And it is worthy to note that, according to the author of that article, he (the author) had known Tracy for several years. 11 harassment-claim/70679703007/ 12 tucker-isnt-believable-brenda-tracy-is/70818026007/. Case 1:24-cv-00795 No. 1, PageID.49 Filed 07/31/24 Page 49 of 75 47 175. But the Defendants cared nothing about the damage being inflicted on Plaintiff, nor about the deprivation of his right to a confidential and fair investigative process. Instead, the Defendants were alarmed that that the Today articles once again made MSU\u2019s history of failing to properly deal with sexual abuse allegations the subject of national media attention. Specifically, the September 10, 2023 Today article includes the following: \u201cAdding to the uncertainty, the institution tasked with sorting out the facts [MSU] is perhaps best known for missing repeated opportunities to stop one of the most prolific sexual abusers in American history. For nearly two decades, Michigan State leaders failed to act on complaints against Larry Nassar, the disgraced former U.S.A. Gymnastics and campus physician accused of sexually assaulting more than 300 female athletes under the guise of medical treatments. He has been sentenced to a minimum of 100 years in prison. Amid its efforts to rebuild trust among students, employees, alumni and the East Lansing community, Michigan State's leaders must now decide whether the face of its prestigious football program is guilty of sexually harassing one of the country\u2019s most influential advocates against gender-based violence. 176. Upon information and belief, the publication of the Today articles, and specifically, its direct reference to the Nassar scandal and MSU\u2019s history of failing to address claims of sexual misconduct, raised alarms at the highest levels of the University. 177. Upon information and belief, Defendants Quinn, Woodruff, Haller and the Trustee Defendants decided that swift action needed to be taken against Plaintiff in order to create the impression that MSU, and the Individual Defendants themselves, unlike their predecessors (many of whom were forced to resign in the aftermath of Nassar), were taking decisive action to address a purported claim of sexual harassment. The Defendants decided that such action needed to be taken even though the administrative process was still underway and even though Plaintiff had not been afforded a hearing to address Tracy\u2019s allegations, as he was entitled to under the Case 1:24-cv-00795 No. 1, PageID.50 Filed 07/31/24 Page 50 of 75 48 Policy, and as a matter of law. Plaintiff\u2019s rights to due process were simply not part of the agenda. As such, those rights were trampled. K. September 10, 2023: MSU\u2019s Press Conference and Suspension of Plaintiff Without Pay Despite the Ongoing Administrative Process and Lack of Hearing 178. The immediate media frenzy caused by Tracy\u2019s leak of confidential investigative information had its desired effect. Within hours of the publication of Today\u2019s initial article, Defendants Woodruff and Haller appeared together at a hastily arranged press conference on September 10, 2023 to announce that \u201cwith the support of University leadership\u201d the Defendants were suspending Plaintiff from his position of head coach of the men\u2019s football team without pay. 179. Haller claimed that the decision to suspend Plaintiff was based on \u201cnew developments\u201d that had come to light.13 However, when asked specifically by a member of the media, \u201cwhat changed to make you take action now given what you knew before?\u201d Haller could point to nothing. Instead, he responded: \u201cYeah Matt, we\u2019re always evaluating, um, interim measures were in place, and those interim measures have been updated. Initially there was no contact with the complainant, and then also increased oversight from me of the program but also the coach, so um it\u2019s an ongoing process and we update those interim measures as we receive information.\u201d Id. 180. Haller\u2019s non-response is a model of obfuscation and double-speak. In truth, there was no \u201cnew development\u201d beyond the facts the Individual Defendants knew about months earlier. The only actual \u201cnew development\u201d was that, due to no fault of Plaintiff (and in fact, due directly to Tracy\u2019s release of more than a thousand pages of confidential investigative material to the media), MSU\u2019s history of mishandling claims of sexual misconduct was once again thrust into the 13 announcing-suspension-of-mel-tucker/69-adfba6d9-131b-4805-8a75-9477f7f66564. Case 1:24-cv-00795 No. 1, PageID.51 Filed 07/31/24 Page 51 of 75 49 national spotlight. The fact that Plaintiff categorically denied Tracy\u2019s contentions was irrelevant as far as the Defendants were concerned. 181. Haller\u2019s false public statement that there were \u201cnew developments\u201d that supported the University\u2019s sudden decision to suspend Plaintiff without pay had a devastating effect on Plaintiff, as it constituted a statement that \u201cthe leadership\u201d of the University had a basis to believe, based on new information, that Plaintiff had engaged in recent serious misconduct that required the immediate \u201cinterim\u201d measure of suspending Plaintiff without pay during the football season and separating him from the football program. 182. In addition to Haller\u2019s false contention that the suspension of Plaintiff was based on \u201cnew developments,\u201d Haller also stated repeatedly that the suspension was an \u201cinterim measure,\u201d that \u201cthe process was not complete\u201d and that the \u201cUniversity\u2019s objective has been and remains focused on conducting a fair, thorough, and unbiased investigation, and allowing the processes to play out.\u201d He emphasized again, that \u201c[t]he University\u2019s formal conclusion of the investigation will occur when final decision processes are complete want to emphasize again, this investigation is not complete.\u201d 183. Defendant Woodruff then took her turn at the podium. She stated at the outset that the actions taken against Plaintiff \u201ccomes with the full weight of my support\u201d and also thanked the Board of Trustees \u201cfor their engagement with me today.\u201d She then reiterated Haller\u2019s reference to \u201cnew developments\u201d that came to light which \u201ccan impact the case and the community\u201d and that the decision \u201cto place [Plaintiff] on an unpaid leave is equally necessary and appropriate for today\u2019s circumstances.\u201d Woodruff stated that \u201c[t]hese actions are not taken lightly, and know Haller is making them in support of the individuals impacted.\u201d Thus, like Haller, Woodruff stated that the \u201cnew developments\u201d justified immediately separating Plaintiff from the football team. Case 1:24-cv-00795 No. 1, PageID.52 Filed 07/31/24 Page 52 of 75 50 184. In obvious response to the Today article\u2019s focus on MSU\u2019s history of scandals involving its athletics program, Woodruff stated that the allegations that were made public in the media are not indicative of reverting to the of old.\u201d Specifically, Woodruff stated in part as follows: \u201cIn the of today, when any report comes into the University, it is appropriately and rigorously reviewed. In the of today, our investigative processes are fair and thorough. In the of today, in all cases, we continually review interim measures to ensure appropriate actions are taken, so this morning\u2019s news might sound like the of old. It was not. It is not, because an independent, unbiased investigation is and continues to be conducted. . . It is not the of old because we maintain the confidence of the claimant and the respondent, while respecting the claimant and respondent\u2019s right to share their story. It is not because of the further action we take today.\u201d 185. Like Haller, Woodruff emphasized that the \u201cinvestigative process is not complete and has not been referred to the [Athletic Director] or the University. That process will not be complete until there is a hearing and a final decision.\u201d 186. Woodruff\u2019s statements were intended to give the appearance of a fair process for Plaintiff when, in truth and in fact, the process was anything but fair and the outcome was predetermined. And by drawing a distinction between the of today\u201d and the of old,\u201d Woodruff lumped Plaintiff together with Nassar and his horrific conduct that allowed to persist. Woodruff\u2019s association of Plaintiff and the of old\u201d was a false characterization designed to harm Plaintiff. In addition, Woodruff\u2019s reference to \u201cnew developments,\u201d her statement that \u201cwe continually review interim measures to ensure appropriate actions are taken,\u201d and her reference to the purported \u201cimpact\u201d of the alleged conduct, reinforced Haller\u2019s false contention that some new information created a basis to take such drastic and immediate action against Plaintiff. Moreover, Woodruff\u2019s repeated reference to the of today\u201d and her attempt Case 1:24-cv-00795 No. 1, PageID.53 Filed 07/31/24 Page 53 of 75 51 to create the impression that the University had moved past its scandal-plagued past, makes unmistakably clear that the Defendants decided to prioritize protection of the University and the Defendants themselves without regard to the rights of Plaintiff. 187. The statements by Haller and Woodruff that the investigation was not complete, and that Plaintiff would be provided an opportunity to address Tracy\u2019s claims at a hearing also were knowingly false. As far as the Defendants were concerned, the so-called investigation was over. Plaintiff was collateral damage in the wake of Defendants\u2019 plan to protect the image of MSU\u2019s athletics program at his expense. 188. The public statements by Haller and Woodruff were all the more harmful coming only hours after the publication of the Today article, as they conveyed that the Defendants had a substantial basis to believe \u2013 before any hearing \u2013 (a) that Tracy\u2019s account of the events set forth in the article was true, and (b) that there was a basis to disbelieve Plaintiff\u2019s contention that none of the conduct alleged was unwanted and that it all occurred within the confines of a close personal relationship and was fully consensual. 189. The public statements made by Haller and Woodruff which, upon information and belief, were authorized by the other Individual Defendants \u2013 i.e., the \u201cUniversity leadership\u201d referenced by Haller and the Trustees referenced by Woodruff \u2013 were knowingly false and made with flagrant disregard for the facts. In addition, they were made with actual malice and with the intent to harm Plaintiff in violation of his constitutional, statutory, and contractual rights. Simply put, Haller and Woodruff\u2019s improper and unlawful actions on September 10, 2023 \u2013 done with authorization and support from the University leadership \u2013 were devastating to Plaintiff\u2019s reputation. Case 1:24-cv-00795 No. 1, PageID.54 Filed 07/31/24 Page 54 of 75 52 L. September 10, 2023: Statements by Michigan Governor Gretchen Whitmer 190. On the evening of September 10, 2023, Governor Gretchen Whitmer issued a statement demanding accountability with respect to Tracy\u2019s claim against Plaintiff. Seemingly taking Tracy\u2019s false narrative at face value, Governor Whitmer issued the following statement: \u201cAs a survivor, I\u2019m shocked. As a Spartan, I\u2019m disappointed. As Governor want answers know the pain that so many feel when allegations like this come to light because live it too. It\u2019s retraumatizing holds a special place in so many of our hearts\u2014which is what makes this hurt more.\u201d The statement goes on to say: \u201cWe deserve to know when the university knew about these allegations and why they made the decisions they did. We need to ensure that one of our state\u2019s flagship universities, one that carries so much weight around the world, is learning from the past and not recreating it.\u201d 191. Upon information and belief, the statements made by Governor Whitmer were a contributing factor in the Defendants\u2019 decision to terminate Plaintiff\u2019s employment, as set forth further herein. M. September 11, 2023: Plaintiff\u2019s Statement to the Media 192. Shortly after the Today articles were published, Plaintiff tried to respond to the one-sided and unfair attack on his reputation, and the unlawful actions of the Defendants, by releasing a written statement (the \u201cStatement\u201d) to the media copy of Plaintiff\u2019s Statement is attached hereto as Exhibit B. 193. Plaintiff again categorically denied the allegations of harassment and again stated that the event at the heart of her allegations \u2013 what Tracy described as Plaintiff engaging in unwanted activity during a telephone call \u2013 \u201cwas an entirely mutual, private event between two Case 1:24-cv-00795 No. 1, PageID.55 Filed 07/31/24 Page 55 of 75 53 adults living at opposite ends of the country.\u201d He pointed out that \u201cnever once during the 36 minutes did she object in any manner, much less hang up the phone.\u201d 194. Plaintiff\u2019s Statement pointed to other facts that cast severe doubt on her claim, including that Tracy never raised her claim with anyone for more than four months after the allegedly offending incident, and instead continued to communicate with Plaintiff normally. Plaintiff noted that it was only after he and Tracy had a falling out (after Plaintiff complained that Tracy and her assistant were spreading rumors about Plaintiff\u2019s marriage) that Tracy decided to file her claim. N. September 27, 2023: Defendants Terminate Plaintiff\u2019s Employment Before Providing a Hearing on Tracy\u2019s Claims 195. On September 18, 2023 \u2013 one week after the publication of the Today Articles \u2013 Defendant Haller sent Plaintiff a letter providing \u201cnotice of the University\u2019s intent to terminate\u201d the Employment Agreement (the \u201cTermination Notice copy of the Termination Notice is attached hereto as Exhibit C. 196. Despite the public assurances made by Defendants Haller and Woodruff just one week earlier that the process was \u201cnot complete,\u201d and that the University intended to have the process \u201cplay out\u201d at a \u201chearing,\u201d Haller now asserted that no such hearing was necessary. Instead, the Termination Notice stated that in the course of the investigation process, the \u201cUniversity amassed a body of undisputed evidence of misconduct that warrants termination for cause.\u201d 197. The Termination Notice invoked the Early Termination provision of the Employment Agreement (Section III(B)(1)) and contends that there is undisputed evidence that Plaintiff engaged in conduct \u201cinvolving moral turpitude\u201d or that would \u201ctend to bring public disrespect, contempt, or ridicule upon the University.\u201d Case 1:24-cv-00795 No. 1, PageID.56 Filed 07/31/24 Page 56 of 75 54 198. Defendant Haller\u2019s statement that there was \u201cundisputed evidence\u201d to support Plaintiff\u2019s termination without providing him with his right to hearing is demonstrably false. And the Termination Notice was designed solely to create a pretextual basis to terminate Plaintiff\u2019s employment in violation of his constitutional, statutory, and contractual rights, including the right to a hearing, which Haller and Woodruff publicly stated was necessary. 199. On September 25, 2023, Plaintiff, through counsel, sent Haller a lengthy letter in response to the Termination Notice copy of the \u201cResponse Letter\u201d is attached as Exhibit D. The Response Letter established, in painstaking detail, that each and every allegation that Haller and rely upon for their unlawful termination of Plaintiff\u2019s Employment Agreement based on \u201cundisputed facts\u201d was and had been hotly disputed. 200. Accordingly, Defendants purported to fire Plaintiff before affording him an opportunity to challenge Tracy\u2019s account was completely unfounded and in direct violation of the rules guaranteeing Plaintiff the right to a live hearing and providing him with a presumption of non-responsibility. Moreover, the Response Letter demonstrated that the allegations at issue, even if they were true (which they are not) did not rise to the level of moral turpitude or any other \u201cfor cause\u201d criteria as a matter of law. 201. Just two days later, on September 27, 2023, Haller, ignoring the fact that the entire basis of MSU\u2019s termination of Plaintiff was shown to be false, sent a letter confirming that the Defendants were terminating Plaintiff\u2019s Employment Agreement for cause copy of the \u201cTermination Letter\u201d is attached hereto as Exhibit E. 202. In the letter, Haller stated that \u201cit is decidedly unprofessional . . . to flirt, make sexual comments, and masturbate while on the phone with a University vendor.\u201d But Haller ignored the fact that: (a) Tracy was not a University vendor at the time of the personal relationship Case 1:24-cv-00795 No. 1, PageID.57 Filed 07/31/24 Page 57 of 75 55 given that she was hired and paid for a single one-time training session completed in August 2021; and (b) contrary to Tracy\u2019s false narrative, Plaintiff contended that he and Tracy were involved in a private, personal relationship and that all of the conduct Haller referenced \u2013 the flirting, the sexual comments and the sexual activity \u2013 was fully consensual and not unwanted as Tracy alleged. Thus, according to Plaintiff, the conduct between Plaintiff and Tracy occurred in the context of a deeply personal relationship between consenting adults that could not possibly constitute moral turpitude or any other basis for termination. In truth, Plaintiff was terminated from his position solely because Tracy \u2013 emboldened by the improper investigation \u2013 revealed confidential and intimate details of their relationship to the national news media and caused a media frenzy with her false allegations. 203. The termination of Plaintiff\u2019s employment by the Defendants was based on (a) the Individual Defendants\u2019 fear of negative publicity and public attention, (b) their self-interest in maintaining their image and positions, and (c) the Defendants\u2019 related decision to simply accept Tracy\u2019s version of events even though they were vigorously disputed by Plaintiff, the administrative process was still ongoing, and Plaintiff had not been provided an opportunity to challenge Tracy\u2019s allegations at a hearing. 204. MSU\u2019s termination of Plaintiff was unlawful and was done solely to protect the University based on pretextual grounds. O. October 2023: Plaintiff Obtains Text Messages That Tracy Failed to Provide to 205. Even though Defendants had already terminated Plaintiff\u2019s employment \u2013 the most severe discipline available \u2013 they nevertheless decided to proceed with a purported \u201chearing\u201d under the Policy on or about October 5, 2023. Case 1:24-cv-00795 No. 1, PageID.58 Filed 07/31/24 Page 58 of 75 56 206. The hearing was simply after-the-fact window dressing designed to provide cover for Defendants\u2019 illegal termination of Plaintiff. 207. The hearing deprived Plaintiff of due process. For example, the proceeding did not provide for testimony by witnesses under oath and, in fact, because Tracy was not affiliated with (a requirement for the proceeding in the first place), there were no negative consequences for Tracy\u2019s failure to tell the truth. In addition, there was no direct questioning of hearing witnesses (only the resolution officer was permitted to ask questions) a hallmark of any fair proceeding with live testimony, and the resolution officer excluded witnesses that Plaintiff sought to call, including an expert on the policy, Sokolow (see, supra, \u00b6\u00b6 148-49). 208. Plaintiff, who was suffering from a serious medical condition at the time, was unable to attend the hearing. On September 20 and 25, 2023, Plaintiff requested a short adjournment of the hearing due to his medical condition. The Defendants ignored Plaintiff\u2019s adjournment request and the hearing proceeded as scheduled. 209. Shortly before the hearing was set to begin, counsel for Plaintiff came into possession of a trove of text messages Tracy failed to provide to investigators which exposed the falsity of her claims against Plaintiff and her financial motivation to make the false claims and extract a quick payout. They were provided to counsel by the husband of Ms. Tracy\u2019s close friend and confidant, Ahlan Alvarado. 210. Specifically, several months before the hearing, in or about June 2023, Ms. Alvarado was in a serious car accident. She was hospitalized and, tragically, she passed away shortly thereafter on June 19, 2023. Case 1:24-cv-00795 No. 1, PageID.59 Filed 07/31/24 Page 59 of 75 57 211. Upon information and belief, while Ms. Alvarado was hospitalized after the accident, and then again after her death, Tracy appeared at her home and asked her relatives for access to Ms. Alvarado\u2019s phone and computer. 212. Upon information and belief, Ms. Alvarado\u2019s relatives thought that Tracy\u2019s efforts to access Ms. Alvarado\u2019s electronic devices were unseemly, and they suspected that it was being done so that Tracy could delete her communications with Ms. Alvarado, which undermined Tracy\u2019s claims against Plaintiff. Accordingly, Ms. Alvarado\u2019s relatives, through counsel, contacted counsel for Plaintiff and provided them with access to Ms. Alvarado\u2019s text messages. 213. The messages that Tracy failed to produce from undermined many of the core contentions underlying her claims against Plaintiff and confirmed that her complaint was motivated by her desire for financial gain. These messages include some of the messages discussed herein in which Tracy states that \u201cshe was down to $5\u201d in her bank account at the time she filed her complaint, that she was filing her complaint against Plaintiff in an effort \u201cto come to an agreement\u201d and to \u201cmake [Plaintiff] pay me 10k directly,\u201d and that she viewed Plaintiff\u2019s contract extension with as a source of \u201cfinanc[ing]\u201d for her organization. 214. In addition to the text messages, a new witness came forward and provided an affidavit indicating that the sexual conduct that occurred during the April 28, 2022, phone call was, as Plaintiff has contended, fully consensual. 215. Upon review of the material, on October 5, 2023, counsel for Plaintiff sent a letter to Woodruff, Quinn, and all the members of the Board of Trustees summarizing the new evidence and providing copies of the text messages and the witness statement. Plaintiff\u2019s counsel pointed out that that the new evidence confirmed what Plaintiff had been contending all along \u2013 that Plaintiff did not engage in misconduct with Tracy, the investigation was fatally flawed, and that Case 1:24-cv-00795 No. 1, PageID.60 Filed 07/31/24 Page 60 of 75 58 Plaintiff had not been provided any semblance of due process. The letter requested that the Defendants contact Plaintiff\u2019s counsel so that the unfair situation, including Plaintiff\u2019s improper termination, could be addressed further. None of the Defendants responded. 216. Given the lack of a response, on October 19, 2023, Plaintiff\u2019s counsel sent another letter, this time to the resolution officer assigned by Defendants to conduct the hearing on Tracy\u2019s claim. Plaintiff\u2019s counsel advised the resolution officer of the new evidence and further advised that Tracy\u2019s organization had gone to state court and obtained an ex parte temporary restraining order preventing the release of Tracy\u2019s text messages to prevent the full story from coming out. 217. Pursuant to the Policy, Plaintiff\u2019s counsel requested that the resolution officer \u201ckeep the record open and delay making a determination until after we are able to provide you with these text messages.\u201d Again, the Defendants refused to delay the hearing or to consider any of the critical evidence that exposed the falsity of Tracy\u2019s claim. 218. Given the restrictions imposed by the resolution officer engaged by MSU, the lack of due process in the proceedings, and the failure to consider the newly-discovered text messages, the \u201chearing\u201d orchestrated by Defendants resulted in its pre-determined outcome \u2013 a finding in favor of Tracy on her claims that Plaintiff engaged in unwanted sexual harassment. 219. The farcical after-the-fact \u201chearing\u201d does not in any way legitimize Defendants\u2019 unlawful actions as alleged herein. To the contrary, it was simply the last act in a series of many specifically designed to deprive Plaintiff of his constitutional, statutory and contractual rights 42 U.S.C. \u00a71983 \u2013 Fourteenth Amendment Procedural Due Process Property and Liberty Interests Case 1:24-cv-00795 No. 1, PageID.61 Filed 07/31/24 Page 61 of 75 59 (as against the Individual Defendants) 220. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 221. The Fourteenth Amendment to the United States Constitution provides that no state shall \u201cdeprive any person of life, liberty, or property, without due process of law.\u201d 222. Fourteenth Amendment due process protections are required in higher education disciplinary decisions at public institutions. 223. Plaintiff had a property interest in his 2021 Employment Agreement and in having the Defendants comply with its terms. 224. Plaintiff was entitled to notice and a meaningful opportunity to be heard prior to the deprivation of his property interest. 225. Plaintiff has a protected liberty interest in his good name, reputation, honor, and integrity of which he cannot be deprived absent due process. 226. Plaintiff is entitled to process commensurate with the allegations and the discipline imposed and consequences he was facing. 227. As detailed above, the Individual Defendants undertook to subject Plaintiff to an improper, sham investigation that was designed from the inception to create a vehicle for the Defendants to retain jurisdiction over the claim against him so that the Defendants could create a pretextual basis to deprive Plaintiff of his rights. 228. The Individual Defendants also deprived Plaintiff of his property interests by assisting in the termination of his employment without due process by creating a pretextual basis to summarily fire him without a pre-termination hearing once Tracy\u2019s claims became public due to her unauthorized disclosure of confidential Investigation information to the media. Case 1:24-cv-00795 No. 1, PageID.62 Filed 07/31/24 Page 62 of 75 60 229. The after-the-fact hearing was stage-managed by the Individual Defendants and was a farce, as the Defendants had already imposed the most drastic sanction available to them \u2013 termination of Plaintiff\u2019s employment \u2013 before the hearing was conducted. 230. Moreover, the purported hearing was specifically designed by the Individual Defendants, in cooperation with the resolution officer they engaged, to suppress evidence that would have exposed the false basis for the unlawful conduct engaged in by the Individual Defendants. 231. Indeed, in direct contravention of the University\u2019s policies and applicable law, the Defendants refused to allow Plaintiff to introduce important evidence that had recently come to light which directly undermined Plaintiff\u2019s allegations and, if fairly considered, would have resulted in dismissal of Tracy\u2019s claim. 232. In addition, Defendants Woodruff and Haller knowingly and voluntarily, or at the very least, with reckless disregard for the truth, made false statements concerning Plaintiff, including that evidence was \u201cundisputed\u201d and that his sudden suspension without pay and termination were based on \u201cnew developments.\u201d 233. The false statements made by Defendants Woodruff and Haller were, upon information and belief, fully authorized by Defendant Quinn and by the Trustee Defendants. 234. For these reasons, and those set forth herein, the Individual Defendants actively and voluntarily participated in the violation of Plaintiff\u2019s constitutional rights. The Individual Defendants knew that Plaintiff has a clearly established right to due process, and a reasonable person would know that this conduct would violate Plaintiff\u2019s due process rights. Case 1:24-cv-00795 No. 1, PageID.63 Filed 07/31/24 Page 63 of 75 61 235. The Individual Defendants violated Plaintiff\u2019s due process rights both pre- termination and post-termination. The Individual Defendants did not afford Plaintiff meaningful notice and opportunity to be heard prior to adverse personnel actions, or post-termination. 236. The Trustee Defendants and the Administration Defendants each violated their respective obligations under the Bylaws, which, in addition to the obligations that exist as a matter of law, required the administrators and Trustees to protect Plaintiff\u2019s rights and provide him with full and fair process in the face of the allegations against him. The Trustee Defendants had the duty to ensure that employees are treated \u201cin accordance with the law and [MSU\u2019s] internal policies and regulations,\u201d but they did not do so with respect to Plaintiff. 237. As a direct and proximate result of the Defendants\u2019 unlawful actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and damages, including but not limited to the loss of his position as Head Coach, loss of future employment opportunities, mental and emotional distress, humiliation and embarrassment, and loss of personal and professional reputation 42 U.S.C. \u00a71983 Conspiracy\u2013 Fourteenth Amendment Procedural Due Process Property and Liberty Interests (as against the Individual Defendants) 238. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 239. As detailed above in Count I, the Individual Defendants undertook together to subject Plaintiff to an improper, sham investigation that was designed from the inception to create a vehicle for and the Individual Defendants to retain jurisdiction over the claim against him so that the Individual Defendants could create a pretextual basis to deprive Plaintiff of his rights. 240. For these reasons, and those set forth herein, the Individual Defendants agreed upon, and actively and voluntarily participated in a plan to violate Plaintiff\u2019s constitutional rights. Case 1:24-cv-00795 No. 1, PageID.64 Filed 07/31/24 Page 64 of 75 62 Defendants knew that Plaintiff had a clearly established right to due process, and a reasonable person would know that their conduct would violate Plaintiff\u2019s due process rights. 241. The Individual Defendants shared in the objective to deprive Plaintiff of his clearly established rights. 242. Each of the Individual Defendants committed overt acts in furtherance of the conspiracy that caused injury to Plaintiff, including: asserting jurisdiction over a claim that fell outside the policy coverage; assisting in and supporting the sham and improper investigation; summarily suspending Plaintiff without pay and soon thereafter terminating Plaintiff without a hearing; assisting in and supporting a farcical, post-termination hearing; refusing to consider critical evidence that undermined Tracy\u2019s claims; and making false statements concerning the process. 243. The overt acts may be deemed to be attributed to each of Individual Defendants as part of their conspiracy to violate Plaintiff\u2019s rights. 244. As a direct and proximate result of the Individual Defendants\u2019 unlawful actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and damages, including but not limited to the loss of his position as Head Coach, loss of future employment opportunities, mental and emotional distress, humiliation and embarrassment, and loss of personal and professional reputation 42 U.S.C. \u00a7 1981 \u2013 Fourteenth Amendment Equal Protection Rights (as against and the Individual Defendants) 245. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 246. The Fourteenth Amendment to the United States Constitution provides that no state shall \u201cdeny to any person within its jurisdiction the equal protection of the laws.\u201d Case 1:24-cv-00795 No. 1, PageID.65 Filed 07/31/24 Page 65 of 75 63 247. Fourteenth Amendment equal protection rights apply in higher education disciplinary decisions at public institutions. 248. Plaintiff, who is Black, is a member of a protected class. 249. As alleged herein and the Individual Defendants caused Plaintiff to suffer an adverse employment action, including his suspension without pay and the termination of his employment. 250. As alleged herein, there was no legitimate basis for the actions taken against Plaintiff by and the Individual Defendants. 251. As alleged herein, Plaintiff was treated differently from similarly situated white coaches and employees of who were not subjected to similar investigations in the face of serious accusations of misconduct involving their teams and themselves, similar public statements and press conferences by leadership regarding allegations against them, or the harsh, disproportionate, unfair and improper actions taken against Plaintiff. 252. The Individual Defendants and actively and voluntarily participated in the violation of Plaintiff\u2019s equal protection rights by treating Plaintiff, who is Black, differently from white personnel in the Athletics Department. 253 and the Individual Defendants knew that Plaintiff had a clearly established right to equal protection, and a reasonable person would know that failing to treat Plaintiff in the same way as similarly situated personnel under federal and state law and policies would violate Plaintiff\u2019s equal protection rights. 254. As a direct and proximate result of MSU\u2019s and the Individual Defendants\u2019 unlawful actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and damages, including but not limited to the loss of his position as Head Coach, loss of future Case 1:24-cv-00795 No. 1, PageID.66 Filed 07/31/24 Page 66 of 75 64 employment opportunities, mental and emotional distress, humiliation and embarrassment, and loss of personal and professional reputation Breach of Contract (as against Defendant MSU) 255. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 256. As detailed above, Plaintiff had a valid employment contract under Michigan law with pursuant to his Employment Agreement. 257. Under the terms of the Employment Agreement was obligated to compensate Plaintiff for a ten-year term and his employment could only be terminated for cause under very limited circumstances as set forth in the Early Termination Provision. 258 noticed its intent of termination under the Early Termination Provision just days after the publication of the one-sided September 10, 2023 Today article concerning Tracy\u2019s allegations against Plaintiff. Thereafter terminated the Employment Agreement on September 27, 2023. 259 improperly invoked the Early Termination Provision of the Employment Agreement to orchestrate the unjustified termination of the Employment Agreement based on transparently false and pretextual grounds. 260. This improper invocation of the Early Termination Provision was a breach of Defendant\u2019s obligations under the Employment Agreement. 261. Contrary to MSU\u2019s demonstrably false and pretextual statements, Plaintiff did not engage in conduct that constitutes moral turpitude or any of the other bases for dismissal under the Employment Agreement\u2019s Early Termination provision relied upon by MSU. Instead, in wrongfully terminating the Employment Agreement relied upon information regarding Case 1:24-cv-00795 No. 1, PageID.67 Filed 07/31/24 Page 67 of 75 65 Plaintiff\u2019s private relationship that had become public due to Tracy\u2019s improper release of confidential investigative information to the media. Such investigative information would never have existed had not improperly forced the matter into the process where no coverage existed. 262. Plaintiff performed all his obligations under the Employment Agreement. 263. As a direct, proximate, and natural result of MSU\u2019s breach, Plaintiff suffered foreseeable damages, as Plaintiff has been deprived of his position and salary for a term of years contemplated by the Employment Agreement Tortious Interference with Contractual Relations (as against the Individual Defendants) 264. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 265. Plaintiff had a valid employment agreement under Michigan law with pursuant to his 2021 Employment Agreement. 266. As detailed above and the Individual Defendants improperly invoked the Early Termination Provision of the Employment Agreement without a proper basis. 267. The Individual Defendants planned, promoted and assisted in MSU\u2019s breach of Plaintiff\u2019s Employment Agreement in order to protect and the athletics program, protect their image and retain their positions with the University, and to assist in evading its financial responsibilities to Plaintiff, as further alleged herein. 268. The Individual Defendants conspired to create a false predicate for such action, by spearheading the improper investigation to keep the Tracy claims out of the media and retain authority to discipline Plaintiff. Once Tracy\u2019s claims and the illegitimate investigative materials Case 1:24-cv-00795 No. 1, PageID.68 Filed 07/31/24 Page 68 of 75 66 were made public by Tracy herself, the Individual Defendants further conspired to establish a pretextual basis to terminate Plaintiff\u2019s contract without a hearing. 269. Namely, Defendants Haller and Woodruff made false statements concerning \u201cnew developments\u201d in the matter and \u201cundisputed facts\u201d to push forward with Plaintiff\u2019s termination under the Early Termination Provision, despite there being no new developments and Plaintiff\u2019s vociferous denials of Tracy\u2019s allegations. 270. The Individual Defendants conspired to cause the breach of Plaintiff\u2019s valid contract for the improper purpose of attempting to protect themselves and save themselves and from unwanted negative media and public attention in the wake of several scandals involving the athletic department and to protect their own positions with the University. 271. Upon information and belief, each of the Trustee Defendants was aware of the effort to terminate Plaintiff\u2019s Employment Agreement and approved and participated in the effort to terminate Plaintiff\u2019s employment. 272. Plaintiff suffered damages as a result of the tortious interference with his contract, including but not limited to loss of income, damage to his personal and professional reputation, and extreme emotional harm Defamation (as against Woodruff and Haller) 273. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 274. Defendants Woodruff and Haller each made false and defamatory statements concerning Plaintiff, or authorized, advanced or participated in the making of such false statements, as more particularly set forth herein. Case 1:24-cv-00795 No. 1, PageID.69 Filed 07/31/24 Page 69 of 75 67 275. Haller and Woodruff made false and defamatory statements to the public at the September 10, 2023 press conference announcing Plaintiff\u2019s sudden suspension without pay, including that \u201cnew developments\u201d supported their drastic and immediate employment actions against Plaintiff, which statements were knowingly false. That statement was meant to and did give the impression that Plaintiff had engaged in further misconduct requiring immediate disciplinary action to separate him from the football program before any hearing. 276. Upon information and belief Defendant Quinn and members of the Board of Trustees authorized the release of the false and defamatory statements made by Woodruff and Haller. 277. The false and defamatory statements made by Defendants Haller and Woodruff were not privileged communications and were made to third parties, including the press. 278. Haller\u2019s and Woodruff\u2019s false statements were defamatory per se because they were designed to, and did, impugn Plaintiff\u2019s reputation and employment status. 279. Defendant Haller and Woodruff made such false statements intentionally and/or recklessly without regard to the truth, knowing that the statements were false, and/or acted with malice toward Plaintiff in making them in order to impugn Plaintiff. 280. As a direct and proximate result of Haller\u2019s and Woodruff\u2019s actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and economic damages, including but not limited to the loss of his position as head coach, loss of future employment opportunities, damage to his personal and professional reputation, and severe emotional distress Aiding and Abetting (as against Quinn and the Trustee Defendants) 281. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. Case 1:24-cv-00795 No. 1, PageID.70 Filed 07/31/24 Page 70 of 75 68 282. Each of the Defendants included in this Count authorized the false and misleading statements made by Haller and Woodruff concerning Plaintiff at the September 10, 2023 press conference. 283. The authorized statements \u2013 which were represented as having been approved by the highest level of the administration and Board of Trustees \u2013 were made to a third party, the press. 284. The authorized statements were made to the press with the patent intention of harming Plaintiff and creating a false predicate to thereafter terminate his agreement. 285. As a direct and proximate result of Defendants\u2019 actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and economic damages, including but not limited to loss of future employment/financial opportunities, and loss of personal and professional reputation Intentional Infliction of Emotional Distress (as against all Defendants) 286. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 287. Defendants\u2019 actions detailed at length above constitute extreme and outrageous conduct that exceed all possible bounds of decency, and were atrocious, and intolerable in a civilized community. 288. As detailed above, the Defendants undertook to subject Plaintiff to an improper, biased, and sham investigation that was designed from the inception to create a vehicle for the Defendants to retain jurisdiction over Tracy\u2019s claims so that the Defendants could control the investigation and create a pretextual basis to terminate Plaintiff. Case 1:24-cv-00795 No. 1, PageID.71 Filed 07/31/24 Page 71 of 75 69 289. The false and misleading statements made by Defendants Woodruff and Haller at the September 10, 2023 press conference with the authorization of the Individual Defendants, and the public announcement of Plaintiff\u2019s immediate suspension without pay, were designed to protect the Individual Defendants and MSU, knowing the severe damage they were causing to Plaintiff personally and professionally. 290. Moreover, Defendants created a pretextual basis to summarily fire Plaintiff without a pre-termination hearing once the Tracy claims became public due to her improper disclosure of confidential investigation information to the media. 291. The after-the-fact hearing was managed by the Individual Defendants and was a farce, as the Defendants had already imposed the most drastic sanction available to them \u2013 termination of Plaintiff\u2019s employment \u2013 before the hearing was conducted. 292. This conduct was undertaken to protect their interests at Plaintiff\u2019s expense and constituted a conspiracy to deprive Plaintiff of his ability to earn a living. 293. The purported hearing was specifically designed by the Defendants, in cooperation with the resolution officer they engaged, to exclude evidence that would have exposed the false basis for the unlawful conduct engaged in by the Defendants. 294. Defendants Woodruff and Haller knowingly and voluntarily, or at the very least, with reckless disregard for the truth, made false statements concerning Plaintiff, including that evidence was \u201cundisputed\u201d and that his suspension without pay and subsequent termination was based on \u201cnew developments\u201d as further alleged herein. 295. Defendants Woodruff\u2019s and Haller\u2019s false and misleading statements to various press outlets concerning Plaintiff that intentionally impugned his reputation and integrity without any basis in fact, shock the conscience. Case 1:24-cv-00795 No. 1, PageID.72 Filed 07/31/24 Page 72 of 75 70 296. Defendants acted with intent to cause harm toward Plaintiff or have shown a reckless disregard for the consequences of their actions. 297. Defendants inflicted emotional distress so severe that no reasonable person could be expected to endure it. 298. Plaintiff has suffered in the face of false accusations and statements impugning him without a meaningful opportunity to set the record straight. 299. Defendants\u2019 outrageous conduct is the direct cause of Plaintiff\u2019s severe emotional distress Violations of Elliott-Larson Civil Rights Act (as against all Defendants) 300. Plaintiff repeats and realleges the foregoing paragraphs as if fully set forth herein. 301. The Elliott-Larson Civil Rights Act prohibits discriminatory employment practices against protected classes. 302. Plaintiff, who is Black, is a member of a protected class. 303. As alleged herein, Plaintiff suffered an adverse employment action, including his suspension without pay and termination of his employment. 304. As alleged herein, there was no legitimate basis for the actions taken against Plaintiff. 305. As alleged herein, Plaintiff was treated differently from white coaches and employees of who were not subjected to similarly harsh, improper and unlawful conduct in the face of allegations much more serious than those at issue herein. 306. The Individual Defendants and MSU, acting through its authorized agents, including the Individual Defendants, actively and voluntarily participated in the violation of Case 1:24-cv-00795 No. 1, PageID.73 Filed 07/31/24 Page 73 of 75 71 Plaintiff\u2019s equal protection rights by treating Plaintiff, who is Black, differently from white personnel in the Athletics Department, including Dantonio and Izzo. 307 and the Individual Defendants knew that Plaintiff has a clearly established right to be free from racial discrimination, and a reasonable person would know that failing to treat Plaintiff in the same way as similarly situated personnel under state law and policies would violate the Elliott-Larson Civil Rights Act. 308. As a direct and proximate result of the Defendants\u2019 unlawful actions, Plaintiff has suffered, continues to suffer, and will suffer irreparable harm, injury, and damages, including but not limited to the loss of his position as head coach, loss of future employment/financial opportunities, mental and emotional distress, humiliation and embarrassment, and loss of personal and professional reputation Plaintiff demands judgment against Defendants as follows: 1. Awarding Plaintiff compensatory, economic, and noneconomic damages in whatever amount Plaintiff is found to be entitled; 2. Awarding Plaintiff damages for all losses sustained to date as a result of Defendants\u2019 violations of their contractual obligations to Plaintiff; 3. Awarding Plaintiff damages for loss of future earnings; 4. Awarding Plaintiff exemplary and/or punitive damages in whatever amount Plaintiff is found to be entitled; 5. Awarding Plaintiff interest, costs, reasonable attorneys\u2019 fees, and expert witness fees; and Case 1:24-cv-00795 No. 1, PageID.74 Filed 07/31/24 Page 74 of 75 72 6. Awarding to Plaintiff such other and further relief as the Court deems proper and just Plaintiff Mel Tucker, by and through his attorneys, demands a trial by jury of all of the issues in this cause that are so triable. Dated: July 31, 2024 _____________________________ Rita M. Glavin Lee S. Gayer* Leo S. Korman** 156 West 56th Street New York 10025 Attorneys for Plaintiff * Application for Admission Forthcoming ** Application for Admission Pending Case 1:24-cv-00795 No. 1, PageID.75 Filed 07/31/24 Page 75 of 75"}
7,685	Ali Borji	University of Central Florida	[ "7685_101.pdf", "7685_102.pdf" ]	{"7685_101.pdf": "professor accused of stalking student COUNTY, Fla 35 University of Central Florida professor is charged with two counts of stalking. His victim is a student, accord to Police -- a detail not sitting with campus co-eds. According to 39-year-old Ali Borji's arrest affidavit, he tracked the student down on Facebook last June. After a few dates, police say the student told Borji she wasn't interested and that they needed to keep things professional. Published July 2, 2018 5:33am \| News 13 Tampa Bay \| \| \u25c0\ufe0e \u25b6\ufe0e Image 1 of 2 \u25bc Watch Live 2/22/25, 7:51 professor accused of stalking student 13 Tampa Bay 1/2 Not taking no for an answer, investigators say Borji started stalking the woman, watching her at the gym, messaging her \"you should be happy that somebody likes you this much to stalk you.\" At one point, investigator say Borji sent the student 800 text messages in a single day says fearing for her safety, the victim took a semester off moving out of state. Detectives say Borji found out the student came back recently and starte stalking her again. Following the victim and her friend out of the gym, that's wh the victim got police involved. According to Borji's arrest affidavit, he was a suspect in a similar case while teaching at noted that Borji was not charged in the case. On Thursday police arrested Ali Borji, an assistant professor in the Department of Computer Science, on two counts of stalking. Borji, who has worked at since January 2016, had previously submitted his resignation effective Sunday, July 1. In the meantime, he has been trespassed from the campus. The victim reported the case to police on Monday. \u201cOur detectives acted swiftly in this case, as the Police Department does when anyone feels threatened. We have zero tolerance for this type of behavio If any students, faculty or staff have been victims of sexual misconduct, please contact Police or find information and support at Police Chief Carl Metzger said. This material may not be published, broadcast, rewritten, or redistributed. \u00a92025 Television Stations f t y 2/22/25, 7:51 professor accused of stalking student 13 Tampa Bay 2/2", "7685_102.pdf": "professor accused of stalking student, sending her 800 texts a day 'You should be happy that somebody likes you this much to stalk you' Anna Johnson Published: June 29, 2018 at 5:09 Tags: Orange County, Crime, Local, News ORLANDO, Fla professor at the University of Central Florida was arrested Thursday after police said he stalked a female student for months. 2 rip current statements in effect for Flagler, Coastal, Inland and Volusia, Coastal, Inland Regions Former Preside football player\u2026 Cyber stalking victim football player,\u2026 Video shows suspec\u2026 \u2018Dream Com 6 Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 1/10 Officials from the Police Department said Ali Borji, 39, an assistant professor, was arrested in his on-campus office on June 28. Borji has been charged with two counts of stalking spokesman Mark Schlueb said Borji had previously submitted his resignation, to take effect July 1, and has since been trespassed from campus. Schlueb said the victim reported the case to police on Monday Police Chief Carl Metzger urged any students faculty or staff to report sexual misconduct to UCFPD. \"Our detectives acted swiftly in this case, as the Police Department does when anyone feels threatened,\" Metzger said. \"We have zero tolerance for this type of behavior.\" Officers said the alleged stalking took place over the fall 2017 and spring 2018 semesters, with Borji sending the victim over 800 messages a day, some of which the victim described as \"extremely disturbing.\" The arrest report quotes some of those messages, saying Borji told the victim \"you should be happy that somebody likes you this much to stalk you,\" and \"you think am sick and may be! But still love you.\" Borji also told the victim he would create an artificial intelligence of her so he could \"could do anything he wanted,\" according to investigators. Police said Borji found the victim through Facebook in fall 2017 and began messaging her, offering her help with her degree program. After meeting a few times, Borji asked the victim on a date and she agreed, according to police. Officers said after a few dates, when the victim decided the relationship should remain strictly professional, Borji began stalking her. Advertisement Advertisement Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 2/10 Borji's arrest report said the victim told Borji she was not interested in talking to him and to stop contacting her. The report quotes an email exchange between Borji and the victim on Oct. 14 2017. In this exchange, the victim wrote \"stop contacting me or will report all this to the proper authorities,\" to which Borji replied \"Please listen to me! We are just one step away from eternal happiness! Lets (sic) just try one more time please.\" This contact continued and escalated, officers said. Officers described Borji's interactions as becoming more persistent, with him attempting to talk to the victim through email, phone calls, messages and Facebook and eventually contacting the victim's family members to inform them of his love. Police said this incessant contact prompted the victim to block Borji on all social media. Borji continued to attempt to communicate with her through email, according to police. Officials said when the victim threatened to file a police report, Borji bought her a ring and an iPad, both of which she refused. The victim eventually left and moved out of state during the fall 2017 semester because of the stalking, according to the arrest report. The report said Borji's contact with her stopped. Investigators said when the victim returned to in the spring 2018 semester, Borji received her new phone number through friends and began messaging her through an app, as well as attempting to talk to her in person. Advertisement Advertisement Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 3/10 The arrest report lists instances of Borji finding the victim in the gym, watching her through a gym window and waiting for her in the parking lot, even after the victim asked him to leave her alone \"several times.\" The victim was too scared to go anywhere alone, according to police. Officials said Borji used his position as a professor to get the victim to speak with him, waiting in his office outside of normal routine to try and run into her. Police said Borji's stalking behavior was becoming more aggressive. They said the victim reported seeing Borji following her in his car June 26 as she left the gym at night. Officers said they arrested Borji on June 28 after determining he posed a significant risk to the victim's safety. The report quotes Borji as telling officers \"in his culture [it] was acceptable\" to continue talking to the victim after she asked him to stop. Officers said Borji acknowledged he made a mistake after admitting the email address used to contact the victim was his. Law enforcement officials said they identified Borji as a suspect in a similar incident at the University of South Florida in which no arrests were made. The woman in that case told police that Borji had sent several \"strongly worded\" unwanted messages to her after he found on on the dating website, eHarmony. The woman told police Borji had lied to her about his occupation, and had reached out to her through her office, Facebook and LinkedIn, which violates the terms and conditions of eHarmony. Detectives said no arrests were made in that case. Advertisement Advertisement Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 4/10 Borji is currently being held at the Orange County Jail on $1,000 bond. Copyright 2018 by ClickOrlando - All rights reserved. Marketplace Sell Your Items - Free to List Visit Full Marketplace Duluth Trading Men's Button Mock-Neck Jacquard Fleece Sweats... $34 E. \| sellwild.com Baby Female Border Collie Bicolor A. \| sellwild.com GIFT: Apple AirPod 2nd Generation $100 W. \| sellwild.com Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 5/10 #1 3D Scanner Pop 3 $500 W. \| sellwild.com Tom\u2019s Shoes 6.5 Silver /Rainbow $14 R. \| sellwild.com Large Adidas Mens Black Pullover Hoodie Sweatshirt DQ3096 $24 B. \| sellwild.com Powered by Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 6/10 PINIT! Alexis Chloe Belle Write Comment.. About Me Male Female Non-binary Other Gender Update Update Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 7/10 Renee-in-Sanford Squeaky taking a big yawn after his nap Write Comment.. Recommended Videos Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 8/10 It\u2019s still only $65 to get a 1-year Costco Gold Star Membership, but now it comes with $20 to spend This classic way of improving vacations never gets old Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 9/10 Omne Results Logo Listings Email Newsletters Feeds Contests and Rules Contact Us / Follow on Social Media Careers at Closed Captioning / Audio Description Public File Current Report Terms of Use Privacy Policy Do Not Sell My Info Applications Report Disability Assistance Cookie Preferences If you need help with the Public File, call (407) 291-6000. At WKMG, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Copyright \u00a9 2025 ClickOrlando.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings Advertisement 2/22/25, 7:51 professor accused of stalking student, sending her 800 texts a day 10/10"}
7,704	Hugh Culik	University of Detroit ‚Äì Mercy	[ "7704_101.pdf" ]	{"7704_101.pdf": "From Casetext: Smarter Legal Research Culik v. University of Detroit Mercy United States District Court, E.D. Michigan, Southern Division Apr 4, 2002 NO. 02-CV-70773 (E.D. Mich. Apr. 4, 2002) Copy Citation Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free NO. 02-CV-70773 April 4, 2002 Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 1/6 This matter is before the Court on Plaintiff's Motion for an Order Remanding Case to Wayne County Circuit Court and Awarding Costs and Attorney Fees Due to Defendants' Improper Removal of the Case. Defendants responded and Plaintiff replied. The Court finds that the parties have adequately set forth the relevant law and facts, and that oral argument would not aid in the disposition of the instant motion. See E.D. MICH. L.R. 7.1(e)(2). Accordingly, the Court that the motion be decided on the briefs submitted. For the reasons stated below, Plaintiff's Motion for an Order Remanding Case to Wayne County Circuit Court and Awarding Costs and Attorney Fees Due to Defendants' Improper Removal of the Case is DENTED. 1 1 There are three other motions currently before the Court. Plaintiff's Motion for Leave to File First Amended Complaint; Defendants' Motion to Stay Discovery; and Defendants' Motion to Dismiss. These have yet to be fully briefed. Therefore, the Court shall decide these motions in a later opinion and order Plaintiff is a professor and former Chair of the English Department at the University of Detroit Mercy (hereinafter \"UDM\"). On May 18, 2001, he was suspended and removed from his position as Chair of the English Department pending an investigation into allegations of sexual harassment and encouraging substance abuse among his students. Plaintiff was eventually disciplined by the Sexual Harassment Resolution Panel, which determined that Plaintiff violated UDM's sexual harassment policy. On August 27, 2001 suspended Plaintiff without pay for the fall semester of 2001, prohibited Plaintiff from appearing on campus or at any University function, and prohibited him from ever serving as Chair of the English Department again. Plaintiff denies any alleged misconduct, and argues that Defendants made false allegations against Plaintiff in furtherance of their own personal and political agendas. Plaintiff filed a threecount complaint in the Wayne County Circuit Court on January 30, 2002, alleging claims for defamation, tortuous interference with an advantageous business relationship, and intentional infliction of emotional distress. 2/22/25, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 2/6 On February 28, 2002, Defendants filed a responsive pleading, and removed the case to this Court. Defendants state that Plaintiffs cause of action arises out of a collective bargaining agreement (hereinafter \"CBA\") between and the Professors' Union. Defendants argue that Plaintiff's claims fall within the purview of this Court's original jurisdiction under Section 301 of the Labor Management Relations Act. See 29 U.S.C. \u00a7 185. Plaintiff now brings this motion to remand the case to the Wayne County Circuit Court Ordinarily, absent diversity of citizenship, a defendant can only remove an action from state court to federal court if a federal question appears on the face of the plaintiffs well-pleaded complaint. See Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). Typically, a plaintiff can avoid federal jurisdiction by pleading only state law claims, as is the case here. See id. There is an exception to that rule, however, for statutes that have such \"extraordinary\" preemptive force that it turns ordinary state law claims into federal claims for purposes of removal. See id. at 393. Claims that arise out of contracts between employers and labor organizations maybe brought in federal court, despite the fact that a federal court may not have independent jurisdiction to hear a claim on the underlying contract. See 28 U.S.C. \u00a7 185; Textile Workers Union of Am. v. Lincoln Mill of Ala., 353 U.S. 448, 451-52 (1957). The Supreme Court explained that \u00a7 301 of the Labor Management Relations Act, see 29 U.S.C. \u00a7 185, is substantive because it provides one forum in which labor employment contracts may be interpreted, thus allowing for uniform interpretation. See Allis-Chalmers Corp. v. Lueck, 471 U.S. 202, 210-11 (1985). Extending that rationale, the Supreme Court held that not only are the actual labor agreements preempted by \u00a7 301, but state law claims that turn upon interpretation of the labor agreement, or, as the Supreme Court put it, claims that are \"inextricably intertwined with consideration of the terms of the labor contract,\" are preempted as well. Id. at 213. Therefore, the Court concludes that removal was proper if Plaintiff's claims are \"inextricably intertwined with consideration of the terms of the labor contract.\" 2 2 29 U.S.C. \u00a7 185(a) provides: Suits for violation of contracts between an employer and a labor 2/22/25, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 3/6 organization representing employees in an industry affecting commerce . . . may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. The Court finds that removal was proper in this case. Paragraph 5.12 of the states that \"will discipline or discharge an employee only for just cause.\" Paragraph 6.2(d)(iii) of the states that \"Classes should be conducted in a manner consistent with the policies, schedules, and deadlines established and published by the appropriate administration offices.\" One such policy is UDM's \"Policy Statement on Sexual Harassment,\" which was promulgated on January 2, 1996 by the President of UDM, Maureen A. Fay. That policy statement, which is incorporated into the by means of paragraph 6.2(d)(iii), states: \"Sexual harassment, therefore, will not be tolerated at University of Detroit Mercy in any context . . . .\" The policy statement then declares that \"individuals who sexually harass others may be\" sanctioned by the University, and may be held personally liable to their victims in a legal action. The policy statement then proceeds to define sexual harassment, as well as the grievance procedure. Finally, the policy statement declares that \"[a]ny actions . . . taken by the University under this Sexual Harassment Policy will be considered an exercise of [paragraph 5.12 of the CBA], Discipline and Discharge . . .\" In the present action, Plaintiff alleges that Defendants tortiously interfered with an advantageous business relationship by wrongfully accusing and subsequently disciplining him for sexual harassment, which he denies ever occurred. In order to determine whether he was wrongfully disciplined, however, the Court must determine whether, pursuant to paragraph 5.12 of the CBA, Defendants had \"just cause\" to discipline Plaintiff. In order to make that determination, the Court must interpret UDM's policy on sexual harassment, which is incorporated into the CBA. As to the defamation claim, this Court is bound by the Sixth Circuit's opinion in DeCoe v. General Motors, 32 F.3d 212, 217 (6th Cir. 1992). There, the plaintiff, a district committeeman for the UAW, was dismissed from his position following charges of sexual harassment that some of his co-workers alleged against him. See id. at 214-15. Plaintiff filed an action in Michigan 2/22/25, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 4/6 state court, alleging claims for defamation, tortious interference with an advantageous business relationship, and intentional infliction of emotional distress, that was eventually removed to the United States District Court. See id. at 215. Plaintiff alleged in his complaint that the sexual harassment claims were false, and that they were politically motivated. See id. The Sixth Circuit noted that in order for plaintiff to be successful on a defamation claim in Michigan, he must prove that the defendants made a false statement, and made an unprivileged publication of that statement to a third party. See id. at 217. The Sixth Circuit held that whether the defendants had a privilege to publish information regarding plaintiffs alleged sexual harassment turns on the interpretation of the CBA. See id. The Court finds, for the same reasons stated in DeCoe, that Plaintiff's defamation claim turns on the interpretation of the CBA. Finally, with regard to Plaintiff's claim of intentional infliction of emotional distress, this Court is also bound by the Sixth Circuit's opinion in DeCoe. The Sixth Circuit held that in order to have a successful claim for intentional infliction of emotional distress in Michigan, the Plaintiff must prove extreme and outrageous conduct. See id. at 218. The Sixth Circuit held, however, that if an employer is exercising its legal fights in a permissible way, then its conduct cannot be extreme and outrageous. See id. at 219. Therefore, the Sixth Circuit held that it was necessary to interpret the in order to determine whether the defendants were properly exercising their legal rights. See id. at 220. The same analysis is applicable currently For the reasons stated above, Plaintiff's Motion for an Order Remanding Case to Wayne County Circuit Court and Awarding Costs and Attorney Fees Due to Defendants' Improper Removal of the Case is DENIED. The Court shall therefore retain jurisdiction over Plaintiff's claims.3 3 The Court notes again that in making this ruling that it is not presently making a ruling on Defendant's Motion to Dismiss, or any other motion currently pending in this matter. 2/22/25, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 5/6 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, 7:52 Culik v. University of Detroit Mercy, NO. 02-CV-70773 \| Casetext Search + Citator 6/6"}
7,868	Gary Benson	University of Wisconsin ‚Äì Whitewater	[]	{}
7,871	Marvin Roberts	Utah State University ‚Äì Logan	[ "7871_101.pdf", "7871_102.pdf", "7871_103.pdf", "7871_104.pdf" ]	{"7871_101.pdf": "Advertise with us Report ad By L. PRICE, Associated Press \| Posted - Nov. 6, 2014 at 5:00 p.m. Leer en espa\u00f1ol Estimated read time: 2-3 minutes 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 (AP) \u2014 Utah State University has fired a school administrator and former player after he was accused of sexual assault in September but never charged spokesman Tim Vitale confirmed on Thursday that administrator Marvin Roberts was fired on Sept. 18 student services vice president James Morales says in a termination letter that Roberts \"engaged in egregiously unprofessional conduct\" by having sexual contact with a student employee fires administrator after rape allegations U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 1/8 Advertise with us Report ad Police records show Roberts, a vice president in the student services department, was accused in early September of rape by a university employee. The Associated Press does not name people who report being sexually assaulted. The Logan City Police Department investigated and sent their findings to the Cache County Attorney's Office. Prosecutors in late October declined to file charges, citing insufficient evidence. Logan City Police Chief Gary Jensen said that because charges were not filed, the investigation is closed Roberts' attorney Cara Tangaro said her client maintains his innocence and that the university acted prematurely when it fired Roberts. She said Roberts cooperated fully with police as they investigated in September and October. He gave lengthy interviews to police and provided text messages and emails, Tangaro said. \"Marvin Roberts has always maintained his innocence and denied any sexual wrongdoing,\" she said. Roberts served as the assistant vice president of student engagement and diversity at USU. Vitale said as soon as the university heard allegations against Roberts, they took immediate action. He was placed on leave on Sept. 11 and fired a week later. News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 2/8 \"We fired him for our own reasons,\" Vitale said. \"The information we found was enough to make us decide to terminate him.\" Tangaro said the university \"made a very quick decision, in my opinion, without all of the information. Marvin decided not to fight their decision because he actually is not interested in working there anymore under the circumstances.\" Roberts was hired in July 2013, Vitale said. Roberts played collegiately at Utah State and went on to play six seasons in the and from 1971-1977, according to records. He spent his final season playing for the Los Angeles Lakers. 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 0 Pending Comments 0 News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 3/8 Judge cancels Mayor Eric Adams' trial and leaves corruption charges intact until mid-March Alec Baldwin was diagnosed with after 'Rust' shooting, his wife says on new reality show The Tabernacle Choir performs for faith, government leaders in Peru More stories you may be interested in News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 4/8 Advertise with us Report ad 1. Utah identified as man killed in Ririe Reservoir helicopter crash 2. Baby rushed to hospital after ingesting pill found at home, police say 3. Former Colorado sheriff's deputy convicted of homicide in shooting death of man in crisis 4. Utah, other states file joint status report affirming constitutionality of Section 504 5. Salt Lake man avoids prison in sentencing for I-15 shooting in 2009 News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 5/8 6. Man, 48, hit by 2 semitrucks and killed while walking on I-84 near Idaho border 7. How Salt Lake City's tallest building aims to be an 'icon' 8. Republicans in the complicated crosshairs of and government layoffs 9. Search for toddler, mother continues in Salt Lake City amid overnight temperature concerns 10. Utah woman offered to bless items for money, but never returned property, police say Get informative articles and interesting stories delivered to your inbox weekly. Subscribe to the KSL.com Trending 5. Enter your email Sign Me Up By subscribing, you acknowledge and agree to KSL.com's Terms of Use and Privacy Policy. News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 6/8 Advertise with us Report ad News Sports Beyond Series Brandview Radio Obituaries 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 7/8 \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 25 2/22/25, 7:52 fires administrator after rape allegations \| KSL.com 8/8", "7871_102.pdf": "\ue909 \ue8f1 \ue8f3 \ue920 \ue8fc Search Campus News COVID-19 Cache Valley Elections Aggie News Podcasts Basketball Football Gymnastics Volleyball Softball Women\u2019s Soccer Tennis Club Sports Arts and Culture Study Abroad Reviews Student Life Aggie Blue Books Cartoons Comics Political Cartoons Dear Aggie Letters to the Editor and Guest Columns Our View Soapbox Archives of The Utah Statesman Highlander Fall Sports Magazine Spring Sports Special Publications Orientation Guide Renter\u2019s Guide Hitched Subscribe! Distribution Social Media Policy SEARCH. . . \uf002 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 1/11 Campus News COVID-19 Cache Valley Elections Aggie News Podcasts Basketball Football Gymnastics Volleyball Softball Women\u2019s Soccer Tennis Club Sports Arts and Culture Study Abroad Reviews Student Life Aggie Blue Books Cartoons Comics Political Cartoons Dear Aggie Letters to the Editor and Guest Columns Our View Soapbox Archives of The Utah Statesman Highlander Fall Sports Magazine Spring Sports Special Publications Orientation Guide Renter\u2019s Guide Hitched Subscribe! Distribution Social Media Policy 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 2/11 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 3/11 on November 6, 2014 at 9:30 am Trigger warning and editor\u2019s note: The following article contains references to sexual assault. The Utah Statesman respects the privacy of victims and survivors of sexual assault by not disclosing identifying information, unless otherwise requested by him or her. Following allegations of rape originally reported to the Logan City Police Department on Sept. 5, the assistant vice president of student engagement and diversity was terminated by university administration. Marvin Roberts was placed on administrative leave Sept. 11, followed by dismissal from his position on Sept. 18. \u201cWe became aware of the situation and took immediate action,\u201d said Tim Vitale, executive director of public relations and marketing for USU. \u201cOnce we found out, once we did our own review, we immediately put Mr. Roberts on administrative leave, conducted further review and determined that it would be best to terminate him.\u201d Vitale said Roberts\u2019 dismissal is a personnel matter, and university policy dictates that reasons for termination are not disclosed. According to the report, officers received a call in early September for a possible rape involving Roberts. The report includes details that Roberts invited the victim to his home, where the events occurred. The report cites that the Cache County Attorney\u2019s Office reviewed the case and charges against Roberts have been declined due to insufficient evidence. When asked Wednesday about his termination, Roberts declined to comment administrator terminated after accusations of sexual assault 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 4/11 8 Roberts was hired for the position in July 2013, which did not exist before he held it. Vitale said Roberts was not required to go through a competitive hiring process due to Human Resources policy 385 entitled \u201cAppointments of Opportunity.\u201d This policy allows the foregoing of usual procedures in cases involving \u201cAffirmative Action\u201d and \u201cInstitutional Need\u201d with the approval of the Office of the President for positions in non-academic areas. Roberts was a student at Utah State University in the late \u201960s and early \u201970s. According to the National Retired Basketball Players Association website, he received national attention for his performance in the Elite Eight of the 1970 bracket. He was eventually drafted and played for multiple teams in the as well as the Los Angeles Lakers in the after the two organizations merged. He returned to as an employee more than four decades later in July of 2013, as previously stated. Alec Player, a sophomore majoring in biology and anthropology, expressed disappointment with the loss of that level of administrative representation. \u201cFrom my perspective, just my experience as a student, the position was created, and it created a resource that we hadn\u2019t had before. It was like suddenly there was an ally in diversity affairs for the university,\u201d Player said. \u201cSuddenly, to lose that the way we lost it is just kind of frustrating that someone we thought we could rely on ended up not being reliable.\u201d Vitale said the university is not actively searching for Roberts\u2019 replacement at this time. \u2014 Mariah Noble, Manda Perkins and Jeffrey Dahdah contributed to this report Mariah Noble is the editor-in-chief of The Utah Statesman. She is studying journalism, Spanish and multimedia and plans to graduate in the spring of 2015. Please send comments to [email protected] on 6 November, 2014 at 20:00 This is a terrible article. You took news and published it in the most terrible way that makes this great alumni, legend, and administrator look like a terrible person and a criminal. No respect. The choice of title and efforts in giving it such 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 5/11 on 8 November, 2014 at 11:45 negative attention is childish and inappropriate would expect better and greater things from a University newspaper am completely opposed to the views taken and the way that this article was composed on 6 November, 2014 at 20:43 on 10 November, 2014 at 08:21 This is a terrible comment on 7 November, 2014 at 00:19 Josh, before the Statesman reported it, were you aware of any of this for one feel that we as students have the right and the need to know that one the university administrators was accused of something of this nature. Nor did feel that they misrepresented or disrespected Marvin. They reported the facts they were given by university and law enforcement officials. The university saw fit to dismiss him. My question is why did the university not issue a press release when they terminated him and instead try to keep it off the radar until the Statesman reported it today? As someone who personally knows the people behind this article feel like should clear something up. The reason it took so long to publish this article is it took a long time to get all of the information needed to write it. All anyone knew was pretty much hear say, and you can\u2019t do that in journalism. As for making this man sound like a horrible person, there is no mention as to what he is like as a person. All it says is he was fired after accusations of sexual assault, which comes from police reports. Sexual assault sounds like a horrible thing because it a horrible thing and condoning it only reinforces the problem. Dear Utah State Statesman Editors write to you from the perspective of a person who is a survivor of sexual assault and after reading this article beg of you to do one thing about this story and all future stories you might report on surrounding sexual assault- please disable the comment box. On your website and all social media outlets if you can or simply don\u2019t post it on places where you can\u2019t personally never reported my sexual assault case because of fear and hope that if the victim ever reads this that they know how courageous and brave they are to me didn\u2019t just fear the reaction of the person who assaulted me but also the fear of criticism from my own friends and family as well as those who didn\u2019t know me. When sexual assault cases become public there is a lot that comes to play and while do believe it\u2019s important to let people, especially students, know of someone who has been reported of such a bad crime, we often forget the effects that a public news story can have on the victim. It is already hard enough to deal with and recover when your case is private or unheard of so you can only imagine how even more difficult it becomes when you 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 6/11 on 9 November, 2014 at 20:49 on 10 November, 2014 at 20:56 add tons of people trying to find out your name and get information about an embarrassing and traumatic event happened to you. We unfortunately live in American society where people always feel that they have a right to have an opinion on and everything, but in cases of sexual assault, unless someone was witness to the event, no one\u2019s comments are often can cause more damage than good hope that you, the editors, will see that the psychological damage that can happen to a victim isn\u2019t worth repor and having an open discussion about the very sensitive and serious issue. Right now am worried about the victim\u2019s mental health. It is inevitable for the student to know that their story b publicly and it\u2019s expected that they will spend time reading what is on the internet about it. Reading comments unfortunately is also bound to happen. Words are hurtful and there are too many ignorant people in the world th understand the consequences of their words. Not only will this person potentially have to deal with the scars of w happened to them but now also deal with the scars from people\u2019s opinions on the matter. Especially since this st reported so late, a person\u2019s entire recovery process can be jolted backwards now. My heart is with the victim pray find peace with this all one day. Utah Statsman Editors have faith that you will discuss this post with whomever you need to and make the righ stand by victims of sexual assault by creating a safer online environment. While must remain anonymous hop reply to me on here about your decision or just simply speak by deleting and then disabling all comments. Thank you and look forward to your decision. -Anonymous My question is this: what does Affirmative Action have to do with a case of sexual assault? Mentioning this in conjunction with a case of sexual assault carries racist overtones. In addition, this article could have been written more professionally. If charges against Roberts were declined due to insufficient evidence, should his picture cover half of the front page of the school paper? Should the Statesman\u2019s logo be significantly smaller in order to bring more attention to this article? Finally agree that the fact that this article was released two months after the fact is fishy indeed. Why the delay? Everyone is missing the f\u2014\u2014 point. It shouldn\u2019t concern anyone how long it took to break the story. The details of the case really shouldn\u2019t concern anyone either. The school should have been the only one to release a statement about the firing and their rationale behind it but the case should be private. Think about the f\u2014\u2014 victim for once. If it were you, would you want your personal business and everything that happened to you out 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 7/11 Comments are closed. there? NO. If it were you, would you want random people commenting on every detail? NO. All that matters is tha was fired and for whatever reason the administration has said. Nothing else matters beg of everyone to leave this story alone. It\u2019s over. He got fired. There are no charges filed anymore. Let the victi from this without everyone\u2019s thoughts on it. What else does everyone really want, especially from commenting on article? If you want more answers, ask Tim Vitale, ask the school admin privately. The editors of this piece really s the ones answering anything about the investigation. Utah Statesman Editors, I\u2019m really upset by your decision to continue to allow comments and not even respond to contacted other news outlets that did a story on this and they all contacted me right back as well are actually r how their policies on reporting sexual assault cases and keeping me updated was hoping that the Utah Statesman would be the first to set an amazing example for others to follow. You wou get more national news for taking a huge step and creating a new moral code of ethics for journalists to follow you all care more about breaking a story and breaking a victim down worse instead of caring about making a bre in journalism. I\u2019m sorry to come across harsh but have become over the years very passionate about helping victims of sexual especially now making sure what happened as a result of this story does not happen to anyone else. In time ho face to face with the editors because maybe then you\u2019ll understand better but unfortunately, under someone else must remain anonymous on 11 November, 2014 at 07:29 Dear Anonymous, Please come see me at the Statesman office. \u2014 Mariah 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 8/11 Recent Classifieds (See All) Classes cancelled, campus a ghost town, sporting events half full. It&rsqu... 02/19/2025 This scholarship provides financial support, travel- based learning opportuniti... 01/23/2025 Empowering the Next Generation with a ... 01/21/2025 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 9/11 Select Month Copyright \u00a9 2025 The Utah Statesman \| All rights reserved USU\u2019s Notice of Non-Discrimination 50 58 25 62 79 80 9 4 3 3 79 79 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 10/11 2/22/25, 7:52 administrator terminated after accusations of sexual assault - The Utah Statesman 11/11", "7871_103.pdf": "11e4-a401-c37ed76c62f5.html Our View: Sex-for-scholarship scenario troubling Nov 8, 2014 This week, Utah State University grabbed headlines with rape allegations against a high-ranking administrator and former player, who was dismissed from his position after an internal investigation. As the story unfolded, one detail buried in the police report grabbed our attention: Marvin Roberts, USU\u2019s former vice president of student engagement and diversity, was said to have offered the alleged victim a scholarship in exchange for sexual favors university spokesman said neither he nor Roberts\u2019 supervisor had knowledge that had occurred, and Roberts\u2019 attorney said it was never discussed in the course of the investigation, but, if true, it captures the unseemly nature of the dynamic between Roberts and the woman who accused him. Here is an influential man accused of offering a scholarship for sex with a student employee whose career path could greatly hinge on it. Such an offer would make a mockery of his role as a trusted administrator trying to help underserved populations who often rely on scholarships as crucial lifelines to a college education. Privacy - Terms 2/22/25, 7:52 Our View: Sex-for-scholarship scenario troubling \| Allaccess \| hjnews.com 1/2 Roberts will not face rape charges, with Cache County Attorney James Swink saying there is not sufficient evidence, but his conduct is sordid regardless of whether the woman experienced physical coercion \u2014 psychological pressure is implied through the vast power difference between them. And indeed, that is what the alleged victim describes in the police report, saying she felt \u201ctrapped\u201d and fearful. The circumstances laid out in the report have all the hallmarks of the worst old boys\u2019 club abuses of position \u2014 sexual demands of a subordinate with the implication that things will go well if she keeps him happy. Grades, jobs and scholarship have been traded this way for time immemorial. Kudos to administrators for a taking a strong stand against Roberts\u2019 conduct and firing him shortly after it was discovered. Now, let\u2019s hope they are looking into Roberts\u2019 record of dispensing or influencing scholarships. 2/22/25, 7:52 Our View: Sex-for-scholarship scenario troubling \| Allaccess \| hjnews.com 2/2", "7871_104.pdf": "\uf0e74 weather alerts \uf002 \uf26c Watch Now Quick links administrator fired after accusations of sexual assault \uf09a\ue61b\uf0e0 undefined undefined Menu 2/22/25, 7:52 administrator fired after accusations of sexual assault 1/5 By: Rebecca Green Posted 6:15 PM, Nov 06, 2014 LOGAN, Utah \u2013 An administrator at Utah State University has been fired after he was accused of sexual assault in September, though county officials declined to pursue the case due to what they called a lack of sufficient evidence. The alleged assault was reported to Logan police September 5, and on September 11 Marvin Roberts, who is the school\u2019s Assistant Vice President of Student Engagement and Diversity, was put on paid administrative leave. Roberts was terminated on September 18. \u201cOnce the details of our inquiry became clear, including information we received from Mr. Roberts himself, it was, there was no question it was very appropriate to terminate him,\u201d said Tim Vitale, who is USU\u2019s Executive Director of Public Relations and Marketing. Vitale said Roberts\u2019 dismissal is a personnel matter. Logan police turned the case over to the Cache County Attorney\u2019s Office, where it was declined on the basis of insufficient evidence. Read More 00:00 02:00 2/22/25, 7:52 administrator fired after accusations of sexual assault 2/5 The Statesmen reports that Roberts was a student at in the '60s and '70s and received attention for his performance in college basketball during the 1970 championships. The Statesmen also reports Roberts went on to play with teams as well as the Los Angeles Lakers in the NBA. He was hired by for the position in July of 2013. Visit the Statesmen for more on this story. Copyright 2025 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Breaking News Newsletter and receive up to date information. E-mail Submit \u2018Things are going to get\u2026 Paid Content: ips-journ\u2026 Which car has the right of way? Fe\u2026 Paid Content: Tips and \u2026 [Pics] World\u2019s First Surviving\u2026 Paid Content: Journalis\u2026 [Pics] This Is Common in Dub\u2026 Paid Content: Novelod\u2026 [Story] Blind husband regains\u2026 Paid Content: Novelod\u2026 [Story] Wife Keeps Locking Herself I\u2026 Paid Content: [Pics] 10 Food That Unclog\u2026 Paid Content: TravelSent funding request in the legislature\u2026 The legislature is being asked to spen 13 News Utah 2/22/25, 7:52 administrator fired after accusations of sexual assault 3/5 Watch 13 News on your favorite streaming device anytime, anywhere 2/22/25, 7:52 administrator fired after accusations of sexual assault 4/5 News Traffic Weather Community Support Sitemap Advertise with Us Do Not Sell My Info Privacy Policy Privacy Center Terms of Use Public Files Application Public File Contact Accessibility Statement Scripps Media Trust Center Closed Captioning Contact Careers \uf09a\uf16d\ue61b Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way 2/22/25, 7:52 administrator fired after accusations of sexual assault 5/5"}
7,696	David Monarchi	University of Colorado ‚Äì Boulder	[ "7696_101.pdf", "7696_101.pdf" ]	{"7696_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 9 Jan 2024 21:51:53 All snapshots from host share download .zip report bug or abuse Webpage Screenshot By By August 25, 2011 at 6:35 p.m. August 25, 2011 at 6:35 p.m. \u2018Amorous relationships\u2019 \u2018Amorous relationships\u2019 The University of Colorado in 2003 revised its amorous relationship policy: The University of Colorado in 2003 revised its amorous relationship policy: Amorous relationships, Amorous relationships, as defined by policy, exist when two individuals mutually and consensually as defined by policy, exist when two individuals mutually and consensually understand a relationship to be romantic and/or sexual in nature. understand a relationship to be romantic and/or sexual in nature. Professors are allowed Professors are allowed to have amorous relationships with consenting students, but the relationship must be to have amorous relationships with consenting students, but the relationship must be disclosed to the professor\u2019s supervisor. disclosed to the professor\u2019s supervisor. If the professor If the professor is in charge of grading or evaluating the student, that authority must be transferred elsewhere. is in charge of grading or evaluating the student, that authority must be transferred elsewhere. It\u2019s considered a conflict of interest for a professor to evaluate a student with whom he\u2019s carrying out a It\u2019s considered a conflict of interest for a professor to evaluate a student with whom he\u2019s carrying out a romantic relationship. romantic relationship. The supervisor The supervisor who receives the disclosure bears responsibility for keeping the information confidential to the who receives the disclosure bears responsibility for keeping the information confidential to the fullest extent possible. When information concerning an amorous relationship has been placed in personnel fullest extent possible. When information concerning an amorous relationship has been placed in personnel files, it will be removed and destroyed seven years after the time of initial disclosure if the interested party files, it will be removed and destroyed seven years after the time of initial disclosure if the interested party should so request, specifying, in addition, that the prior relationship has now ended. should so request, specifying, in addition, that the prior relationship has now ended. \u2014 University of Colorado \u2014 University of Colorado CORRECTION: Due to incorrect information provided by the University of Colorado, this story originally CORRECTION: Due to incorrect information provided by the University of Colorado, this story originally misreported the frequency with which investigates possibly violations of the campus\u2019s \u201camorous misreported the frequency with which investigates possibly violations of the campus\u2019s \u201camorous relationships\u201d policy. While averages four to five cases a year that successfully follow the policy by self- relationships\u201d policy. While averages four to five cases a year that successfully follow the policy by self- reporting such relationships, officials only investigate about one case each year in which it is alleged the policy reporting such relationships, officials only investigate about one case each year in which it is alleged the policy was violated. was violated. The University of Colorado is investigating an assistant professor in the College of Arts and Sciences who is The University of Colorado is investigating an assistant professor in the College of Arts and Sciences who is accused of violating the school\u2019s \u201camorous relationship\u201d policy because of an alleged affair with a graduate accused of violating the school\u2019s \u201camorous relationship\u201d policy because of an alleged affair with a graduate student who worked for him, according to sources with knowledge of the case. student who worked for him, according to sources with knowledge of the case. While the relationship was consensual, the sources said the professor never disclosed it to his department While the relationship was consensual, the sources said the professor never disclosed it to his department chair \u2014 a potential violation of a university policy adopted in 2003. That rule is meant to make sure students chair \u2014 a potential violation of a university policy adopted in 2003. That rule is meant to make sure students CU-Boulder investigating prof for violating \u2018amorous CU-Boulder investigating prof for violating \u2018amorous relationship\u2019 policy relationship\u2019 policy aren\u2019t being graded or evaluated by faculty members with whom they\u2019re having romantic relationships. aren\u2019t being graded or evaluated by faculty members with whom they\u2019re having romantic relationships. CU-Boulder spokesman Bronson Hilliard declined to comment on the specifics of the case, citing CU-Boulder spokesman Bronson Hilliard declined to comment on the specifics of the case, citing confidentiality rules governing personnel matters. confidentiality rules governing personnel matters. Penalties for violating CU\u2019s amorous relationship policy can range from letters of reprimand to dismissal, Penalties for violating CU\u2019s amorous relationship policy can range from letters of reprimand to dismissal, Hilliard said \u2014 adding that he was not aware of any employees ever being terminated for violating the policy. Hilliard said \u2014 adding that he was not aware of any employees ever being terminated for violating the policy. The Camera is not naming the professor because the investigation is ongoing. The Camera is not naming the professor because the investigation is ongoing. The professor \u2014 who does not have tenure, higher education\u2019s coveted job protection \u2014 is on the roster to teach The professor \u2014 who does not have tenure, higher education\u2019s coveted job protection \u2014 is on the roster to teach this semester. He did not return phone calls or e-mails from the Camera. this semester. He did not return phone calls or e-mails from the Camera. Under the Colorado Open Records Act, the Camera requested and reviewed e-mails sent and received from the Under the Colorado Open Records Act, the Camera requested and reviewed e-mails sent and received from the professor\u2019s university e-mail account. But the school withheld all e-mail communication between the professor professor\u2019s university e-mail account. But the school withheld all e-mail communication between the professor and his students, contending the messages were protected by the Family Education Privacy Rights Act, a federal and his students, contending the messages were protected by the Family Education Privacy Rights Act, a federal law that protects student privacy. law that protects student privacy amended its amorous relationship policy in 2003, and it requires that faculty and staff tell their supervisors amended its amorous relationship policy in 2003, and it requires that faculty and staff tell their supervisors if they are carrying out romantic relationships with students or others who work for them. Once they disclose if they are carrying out romantic relationships with students or others who work for them. Once they disclose such as relationship, the university makes sure they are no longer in a position of evaluative authority over the such as relationship, the university makes sure they are no longer in a position of evaluative authority over the students. students. \u2018Extraordinarily thin ice\u2019 \u2018Extraordinarily thin ice\u2019 Martin Snyder, director of external relations for the Washington, D.C.-based American Association of Martin Snyder, director of external relations for the Washington, D.C.-based American Association of University Professors, said the professor who is under investigation has the right to due process \u2014 but University Professors, said the professor who is under investigation has the right to due process \u2014 but violating the university\u2019s amorous relationship is risky and creates concerns over power differentials. violating the university\u2019s amorous relationship is risky and creates concerns over power differentials. \u201cIf there\u2019s a policy in place and he didn\u2019t follow the policy, he\u2019s on extraordinarily thin ice,\u201d Snyder said. \u201cIf there\u2019s a policy in place and he didn\u2019t follow the policy, he\u2019s on extraordinarily thin ice,\u201d Snyder said. Association officials said that universities generally have three kinds of policies for handling amorous Association officials said that universities generally have three kinds of policies for handling amorous relationships: absolute prohibitions, limited bans on faculty-student supervisory relationships, and strong relationships: absolute prohibitions, limited bans on faculty-student supervisory relationships, and strong discouragement. discouragement. At the University of Iowa, amorous relationships \u2014 consensual or otherwise \u2014 between faculty members and At the University of Iowa, amorous relationships \u2014 consensual or otherwise \u2014 between faculty members and students are not allowed. Duke University\u2019s policy, for example, is similar to the one at and says that the students are not allowed. Duke University\u2019s policy, for example, is similar to the one at and says that the relationship must be disclosed to the faculty member\u2019s supervisor and any situation of authority be terminated relationship must be disclosed to the faculty member\u2019s supervisor and any situation of authority be terminated if a consensual relationship between a student and professor exists or develops. if a consensual relationship between a student and professor exists or develops. \u201cThe best advice is just \u2018don\u2019t do it,'\u201d Snyder said. \u201cIt\u2019s a little more complex when it involves graduate students \u201cThe best advice is just \u2018don\u2019t do it,'\u201d Snyder said. \u201cIt\u2019s a little more complex when it involves graduate students because clearly they\u2019re mature and adults \u2014 maybe it\u2019s more understandable. When you\u2019re dealing with an because clearly they\u2019re mature and adults \u2014 maybe it\u2019s more understandable. When you\u2019re dealing with an undergraduate, the professor is just begging for trouble.\u201d undergraduate, the professor is just begging for trouble.\u201d The association\u2019s official stance: \u201cSexual relations between students and faculty members with whom they also The association\u2019s official stance: \u201cSexual relations between students and faculty members with whom they also have an academic or evaluative relationship are fraught with the potential for exploitation \u2026 In their have an academic or evaluative relationship are fraught with the potential for exploitation \u2026 In their relationships with students, members of the faculty are expected to be aware of their professional relationships with students, members of the faculty are expected to be aware of their professional responsibilities and to avoid apparent or actual conflict of interest, favoritism or bias. When a sexual responsibilities and to avoid apparent or actual conflict of interest, favoritism or bias. When a sexual relationship exists, effective steps should be taken to ensure unbiased evaluation or supervision of the student.\u201d relationship exists, effective steps should be taken to ensure unbiased evaluation or supervision of the student.\u201d One case per year One case per year averages four to five cases a year that successfully follow the policy by self-reporting such relationships averages four to five cases a year that successfully follow the policy by self-reporting such relationships, Hilliard said. They most commonly are between graduate students working as teaching assistants and Hilliard said. They most commonly are between graduate students working as teaching assistants and undergraduates in their recitation sections. In those instances, the grading authority of a student is transferred undergraduates in their recitation sections. In those instances, the grading authority of a student is transferred to another teaching assistant or faculty member. to another teaching assistant or faculty member. Campus officials only investigate about one case each year in which it is alleged the policy was violated. Campus officials only investigate about one case each year in which it is alleged the policy was violated. Over the past decade also has dealt with more serious allegations of professors accused of sexual assault Over the past decade also has dealt with more serious allegations of professors accused of sexual assault and harassment. and harassment. The university in 2002 ruled that David Monarchi, a former business school professor, violated the school\u2019s The university in 2002 ruled that David Monarchi, a former business school professor, violated the school\u2019s sexual harassment policy. The investigation was spurred when his former lover reported to school officials that sexual harassment policy. The investigation was spurred when his former lover reported to school officials that Monarchi violated the school\u2019s policy on amorous relationships. Monarchi violated the school\u2019s policy on amorous relationships in 2004 fired professor R. Igor Gamow in 2004 fired professor R. Igor Gamow for \u201cmoral turpitude\u201d after seven women accused him of sexual for \u201cmoral turpitude\u201d after seven women accused him of sexual assault and harassment. assault and harassment. Contact Camera Staff Writer Brittany Anas at 303-473-1132 or Contact Camera Staff Writer Brittany Anas at 303-473-1132 or [email protected] [email protected] 09 09 @5:00PM @5:00PM 09 09 @6:00PM @6:00PM 09 09 @8:00AM @8:00AM Boulder student, Centaurus High School graduate dies in Niwot Boulder student, Centaurus High School graduate dies in Niwot Road crash Road crash Golden man arrested in connection to Circle shooting Golden man arrested in connection to Circle shooting Excessive speed suspected in double-fatal crash on 287 north of Excessive speed suspected in double-fatal crash on 287 north of Longmont Longmont Police investigate sexual assault on Boulder Creek Path Police investigate sexual assault on Boulder Creek Path Boulder study finds consistent yoga practice key to reaping Boulder study finds consistent yoga practice key to reaping benefits benefits Results from Boulder's 2023 community survey down overall Results from Boulder's 2023 community survey down overall Michael Che defends Jo Koy after Michael Che defends Jo Koy after Golden Globes, says comics should Golden Globes, says comics should boycott hosting boycott hosting Nearly every state is under a winter Nearly every state is under a winter storm warning storm warning Residents protest Irvine Company Residents protest Irvine Company plan to build 1,180 houses in wildlife plan to build 1,180 houses in wildlife corridor corridor Popular YouTuber MrBeast bought Popular YouTuber MrBeast bought tiny Outer Banks island for $1 tiny Outer Banks island for $1 State officials wouldn\u2019t let these State officials wouldn\u2019t let these homeowners build a sea wall. Their homeowners build a sea wall. Their lawsuit could reshape California\u2019s lawsuit could reshape California\u2019s coast coast Brought to you by Prairie Mountain Publishing Brought to you by Prairie Mountain Publishing 2011 2011 \uedbc \uedbcAugust August \uedbc \uedbc25 25 Police: Longmont woman hits two pedestrians after Police: Longmont woman hits two pedestrians after having medical issue while driving having medical issue while driving At \u2018Climate Caf\u00e9s,\u2019 mental health experts and At \u2018Climate Caf\u00e9s,\u2019 mental health experts and environmentalists create a community to tackle environmentalists create a community to tackle climate anxiety climate anxiety Legal battle over Boulder Police Oversight Panel Legal battle over Boulder Police Oversight Panel member\u2019s removal goes to federal court member\u2019s removal goes to federal court Child care gaps in rural America threaten to undercut Child care gaps in rural America threaten to undercut small communities small communities FirstTier Bank, Since 1955 FirstTier Bank, Since 1955 FirsTier Bank has community roots that go back to 1955. Our mission is to deliver quality financial resources designed to... FirsTier Bank has community roots that go back to 1955. Our mission is to deliver quality financial resources designed to... Fighting Cognitive Decline: It\u2019s Not Too Late Fighting Cognitive Decline: It\u2019s Not Too Late It\u2019s not too late to recover and to prevent cognitive decline. The key to cognitive longevity is early action. The... It\u2019s not too late to recover and to prevent cognitive decline. The key to cognitive longevity is early action. The... Child And Teen Counseling Child And Teen Counseling Adolescence can be an overwhelming time. Caring counseling at Sovereignty Counseling Services can make adolescence an Adolescence can be an overwhelming time. Caring counseling at Sovereignty Counseling Services can make adolescence an exciting time of personal... exciting time of personal... Colorado Brides Are Discovering Boulder Bridal Colorado Brides Are Discovering Boulder Bridal Colorado brides are finding their best bridal look at Boulder Bridal. Owner Nina believes in a hands-on approach, and she\u2019ll... Colorado brides are finding their best bridal look at Boulder Bridal. Owner Nina believes in a hands-on approach, and she\u2019ll... Hot Deli Lunches For Cold Weather Hot Deli Lunches For Cold Weather Cool weather makes us want something warm\u2014and tasty\u2014for lunch. There\u2019s a lot more than cold cuts here: this deli serves... Cool weather makes us want something warm\u2014and tasty\u2014for lunch. There\u2019s a lot more than cold cuts here: this deli serves... Terms of Use Terms of Use Cookie Policy Cookie Policy California Notice at Collection California Notice at Collection Notice of Financial Incentive Notice of Financial Incentive Do Not Sell/Share My Personal Information Do Not Sell/Share My Personal Information Arbitration Arbitration MediaNews Group MediaNews Group Powered by WordPress.com Powered by WordPress.com Copyright \u00a9 2024 MediaNews Group Copyright \u00a9 2024 MediaNews Group Special Sections Special Sections Buffzone.com Buffzone.com BocoPreps.com BocoPreps.com Greeley Tribune Greeley Tribune Broomfield Enterprise Broomfield Enterprise Colorado Hometown Weekly Colorado Hometown Weekly My Town Colorado My Town Colorado Colorado Box Office Colorado Box Office Raised in the Rockies Raised in the Rockies About Us About Us Archives Archives Work With Us Work With Us Accessibility Accessibility Sitemap Sitemap Sign Up for Newsletters Sign Up for Newsletters e-Edition e-Edition Submit Submit Purchase Photos Purchase Photos Newspaper in Education Newspaper in Education Audio Headlines Audio Headlines Mobile Apps Mobile Apps Public Notices Public Notices Prairie Mountain Media Prairie Mountain Media Advertising Advertising Network Advertising Network Advertising Adtaxi Solutions Adtaxi Solutions"}
7,793	Monty Cook	University of North Carolina ‚Äì Chapel Hill	[ "7793_101.pdf", "7793_102.pdf" ]	{"7793_101.pdf": "professor resigns over text messages Posted 11:16 a.m. Nov 18, 2010 \u2014 Updated 11:16 a.m. Nov 18, 2010 22 closings/delays reported University of North Carolina at Chapel Hill professor resigned Tuesday amid an internal investigation into sexually Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 1/7 explicit text messages he sent to a student, officials said Thursday. Monty Cook was the executive producer of the Reese Felts Digital News Project in the School of Journalism and Mass Communications. The program is designed to test theories about online news and marketing. Cook attributed his departure to \"developments in my personal life,\" but a Monday letter from Dean Jean Folkerts states that Cook had been put on \"off-campus assignment\" last weekend after allegations surfaced about a relationship between him and a female student. The student's former boyfriend confronted Cook last week about sexually explicit texts the professor sent to the student. Folkerts said in the letter that she spoke with the student on Sunday and reviewed messages \"that seem to indicate (Cook) initiated and fostered an amorous relationship with the student\" in violation of university policies. Cook was told to remain off campus and not contact any journalism students while officials investigated the case, but he submitted his resignation a day later Copyright 2025 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Around the Web Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 2/7 Stop Information Overload Ethereal Search Engine Restaurant Ratings: Wang's Kitchen and Ruby Tuesday wral Hamas frees first 5 of 6 Israeli hostages to be released in the latest exchange wral Trump fires chairman of the Joint Chiefs of Staff wral Four Ways Food Banks Are Feeding Kids Right Now Get Mortgage Advice Close to Home Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 3/7 Is My Space a Good Fit for Airbnb? Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time Get Dog Food Designed for Your Dog's Health & Happiness Should You Buy an Electric Car? Did Your Mom Ever Make the Paper? Search Newspapers.com Five Reasons Your Car Insurance Rate Changes Why Google Workspace for The New Normal of Selling a Home Got Plant Milk? Add These 16 Plant Milks Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 4/7 Business is Worth the Upgrade Today to Your Mug for Health, Flavor, and Fro Get the app Local news & alerts Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 5/7 WeatherCenter Forecast Evening Pick 3 Pick 4 and Cash 5 State's Keatts blames for lack of Final Four bump. Will he get chance to rebuild roster again? Bill Belichick sets schedule for first practices at North Carolina 4 Nations Face-Off shatters expectations as a hockey showcase. The Milan Olympics are up next Tar Heels rout State before open-door Smith Center crowd on snowy night James and Brooks score 17 points apiece, lead No. 13 N.C. State women over No. 20 Georgia Tech 83-68 \u00b7 2:01 \u00b7 1:27 \u2023 \u2023 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 6/7 Mega Millions Drawing Daytime Pick 3 and Pick 4 Drawing Sky 5 flies over Fayetteville scene where multiple people stabbed People of Careers Contests Help Ways to Reach Us Send tips, photos or videos Submit a correction Advertise with Us Newsletters & Alerts Our Apps Listings Terms of Use Advertising Terms and Conditions Privacy Policy Ad Choices Raleigh Wilmington Public File Applications Closed Captioning \u00a92025 Capitol Broadcasting Company, Inc \u00b7 0:40 \u00b7 1:21 \u00b7 30:45 \u2023 \u2023 \u2022 \u2022 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 26 2/22/25, 7:54 professor resigns over text messages 7/7", "7793_102.pdf": "Journalism Faculty Member Quits Amid Texting Allegations Posted on Nov. 18, 2010 Monty Cook \u201986, who left his job as senior vice president and editor at The Baltimore Sun last spring to head an innovative online news project in UNC\u2019s School of Journalism and Mass Communication, resigned from the school Tuesday after he was found sending sexually related instant messages to a female student. The matter was reported Wednesday on the website reesenews.org, a student-led launching pad for experimental digital newsgathering, dissemination and audience research. Cook had been executive producer of the Reese Felts Digital News Project, named for the 1952 alumnus who donated money for the project. In making some details of the matter public, the school\u2019s dean, Jean Folkerts, explained in an e-mail: \u201cNormally in these circumstances our only official comment is that this is a personnel matter. However, the chancellor has authorized me to relay the nature of 2/22/25, 7:54 Journalism Faculty Member Quits Amid Texting Allegations - Carolina Alumni 1/4 the situation to assure you, the students, and the public that the University and the School take swift action in these situations.\u201d Reesenews reported that its sources said that \u201cconversations of a sexual nature occurred between Cook and the student over G-chat, an instant messaging service provided by G-mail.\u201d The site also reported that several members of faculty received copies of an e-mail sent in May that included the text of an explicit alleged G-chat conversation between Cook and an unidentified woman. The e-mail was sent by the woman\u2019s husband, and its stated purpose was to end a relationship between Cook and the man\u2019s wife. Folkerts was one of the recipients. Reesenews reported that Folkerts declined to take action against Cook in that case, saying it was not her place to intervene among consenting adults Nov. 15 letter from Folkerts to Cook states that Cook had told her that the former boyfriend of an undergraduate student was upset about \u201csexually explicit text messages you had sent to the student.\u201d Folkerts stated in the letter that she met with the student, who told her of interactions with Cook and \u201cshared explicit electronic messages that seem to 2/22/25, 7:54 Journalism Faculty Member Quits Amid Texting Allegations - Carolina Alumni 2/4 indicate you initiated and fostered an amorous relationship with the student\u201d that violated policies on faculty-student interaction. Folkerts initially placed Cook in an \u201coff-campus assignment\u201d and forbade him to have any communication with the student. Cook subsequently resigned. Assistant Professor Don Wittekind has been named interim executive producer of reesenews. Share via: 2 Responses to \u201cJournalism Faculty Member Quits Amid Texting Allegations\u201d 1. Edwina Woodbury '73, Chapel Hill says 7, 2010 2:01 applaud the actions taken and the transparency with which the University dealt with this unfortunate incident. It was an inappropriate situation which was handled appropriately. 2/22/25, 7:54 Journalism Faculty Member Quits Amid Texting Allegations - Carolina Alumni 3/4 2. Patricia Shields '98, Crocker, Mo. says 7, 2010 2:10 am not saying that being unethical is ever appropriate. Good ethics requires that faculty members, as authority figures, and students, as people looking to authority figures for instruction and direction, refrain from relationships unrelated to instruction and learning. That being said, do not consenting adults have the right to a private life? If all parties involved were over 21, or even 18, and no crime was committed, why is it that now know about it believe Dean Folkerts had it right the first time when she said, according to the newsletter, that it was not her place to intervene among consenting adults. What a tough spot to be in, between violation of policies on faculty-student interaction and private lives of adults. Log in to comment on this post. 2/22/25, 7:54 Journalism Faculty Member Quits Amid Texting Allegations - Carolina Alumni 4/4"}
7,646	Tarundeep Sandhu	University of California ‚Äì Los Angeles	[ "7646_101.pdf", "7646_102.pdf", "7646_103.pdf" ]	{"7646_101.pdf": "Tarundeep Sandhu School of Dentistry employee Tarundeep Sandhu, an employee of the School of Dentistry, allegedly sexually assaulted an intoxicated student who repeatedly said \"no\" after Sandhu drove her home to her apartment and helped her change out of her dress Oct. 11, 2015, based on a perponderance of evidence examined in a Title investigation. More than half the investigation report included entirely redacted pages. Sandhu did not respond to interview requests from the Title office. Sandhu's employment was terminated shortly after the complainant filed the report. Campus: Los Angeles Complaint date: Oct. 21, 2015 Questions, comments or corrections? Email [email protected] (mailto:[email protected]). Data and code is open-source on GitHub ( Support innovative, independent student journalism. Donate today. ( Copyright \u00a9 2019 The Daily Californian, The Independent Berkeley Student Publishing Co., Inc. 2/22/25, 7:56 The Daily Californian projects.dailycal.org/misconduct/case/los-angeles-tarundeep-sandhu-25/ 1/1", "7646_102.pdf": "NEWS: Black History Month 2025 2/22/25, 7:56 dentistry employee involved in rape allegation in Title report - Daily Bruin 1/5 dentistry employee involved in rape allegation in Title report By Ryan Leou March 6, 2017 1:08 a.m. One of the sexual harassment reports released by the University of California on Tuesday involved a rape allegation against a employee. An undergraduate student, whose name was redacted in the report, alleged Tarundeep Sandhu, a former School of Dentistry employee, raped the student while she was intoxicated after going out to a bar together. Most of the information in the report was redacted. Though the office was unable to reach Sandhu, the investigator concluded Sandhu was responsible for sexually assaulting her. The student said \u201cno\u201d multiple times to Sandhu\u2019s sexual advances during the incident. According to the UC\u2019s Sexual Violence and Sexual Harassment policy, the student also could not have consented because she was intoxicated. Witnesses said Sandhu and the student were intimate in the club before the alleged rape, but the investigation noted one can revoke consent at any time. The report also mentioned a sexual assault forensic exam and a fact-gathering investigation by police, the results of which were not available to the investigator. Sandhu\u2019s contract appointment was terminated shortly after the student reported the sexual assault, according to the report. Sandhu received a master\u2019s degree in public health from the University of Southern California in 2009 and was president of Trojans Cricket. He was a guest lecturer while at and worked in the pediatric dentistry department, according to his LinkedIn profile. 2/22/25, 7:56 dentistry employee involved in rape allegation in Title report - Daily Bruin 2/5 Share this story: Facebook Twitter Reddit Email Ryan Leou \| Assistant News Editor \u00bb About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/22/25, 7:56 dentistry employee involved in rape allegation in Title report - Daily Bruin 3/5 2/22/25, 7:56 dentistry employee involved in rape allegation in Title report - Daily Bruin 4/5 2/22/25, 7:56 dentistry employee involved in rape allegation in Title report - Daily Bruin 5/5", "7646_103.pdf": "NEWS: Black History Month 2025 2/22/25, 7:56 dailybruin.com/tag/uc-misconduct-coverage 1/3 March 6, 2017 1:08 a.m dentistry employee involved in rape allegation in Title report One of the sexual harassment reports released by the University of California on Tuesday involved a rape allegation against a employee. An undergraduate student, whose name was redacted in the report, alleged Tarundeep Sandhu, a former School of Dentistry employee, raped the student while she was intoxicated after going out to a bar together. By Ryan Leou March 6, 2017 12:54 a.m employees identified in 113 sexual harassment, assault reports This post was updated Mar. 6 at 2 p.m. Title reports released by University of California campuses Tuesday revealed that mostly male employees used their positions of power to sexually harass students, coworkers and subordinates. By Sharon Zhen and Ryan Leou March 2, 2017 3:42 p.m. Former dean maintained majority of salary after sexual misconduct This post was updated March 2 at 6:30 p.m University of California, Irvine, professor and former dean who sexually harassed employees continued earning more than $200,000 a year after Title investigations found him responsible in 2014. By Alejandra Reyes-Velarde and Sharon Zhen no more articles \u00bb 2/22/25, 7:56 dailybruin.com/tag/uc-misconduct-coverage 2/3 About Contact Submit Advertise Staff Stonewall Editorial Board Privacy Comment Policy Community Guide Copyright \u00a9 2025 Daily Bruin 2/22/25, 7:56 dailybruin.com/tag/uc-misconduct-coverage 3/3"}
7,377	Gilbert M. Dominguez	Imperial Valley College	[ "7377_101.pdf", "7377_101.pdf" ]	{"7377_101.pdf": "archive.today webpage capture Saved from no other snapshots from this url search 18 Mar 2025 12:07:17 All snapshots from host share download .zip report bug or abuse Buy me a coffee Webpage Screenshot College Agrees to Settle Harassment Complaint Against President March 26, 1999 Imperial Valley College last week decided to pay $75,000 to settle a sexual-harassment accusation made against its president. The Board of Trustees offered the settlement to Grace Sesma, director of the college\u2019s fund-raising foundation. In return, she resigned from her post and dropped her complaint against the president, Gilbert M. Dominguez, which she had filed in December with the federal Equal Employment Opportunity Commission Chris A. Yturralde, a lawyer who represented Ms. Sesma, said his client cited \u201cprivacy issues\u201d in accepting the deal. She wanted the matter settled quickly and quietly, he said. Ms. Sesma joined Imperial Valley in February 1997. According to Mr. Yturralde, the harassment was a \u201ccontinuing situation\u201d for her, although he would not reveal its duration or its nature. Under terms of the agreement, he added, he could say only that the harassment took place during her term of employment, and that the president\u2019s conduct \u201cwould have constituted sexual harassment under both state and federal law.\u201d In an interview, Mr. Dominguez said he was innocent, but would not comment further. His lawyer could not be reached for comment. Top Jobs from The Chronicle University of Arizona Global Professor for the Department of Environmental Science University of Arizona Department of Environmental Science Instructional Faculty/Lecturer in Computer Information Technologies Rochester Institute of Technology Tenure-Track Faculty in Biomanufacturing Systems Engineering (All Ranks) K-State College of Engineering Vice President for Finance and Administration South Dakota Mines Search All Jobs Upcoming Events: Virtual Career Fair Women's Leadership Program Subscribe Sign In Sections Topics Magazine Newsletters Virtual Events Store Jobs Section: Short Subjects Page: A14 We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Finance & Operations Subscribe Today Explore Content Latest News Newsletters Letters Free Reports and Guides Professional Development Virtual Events Chronicle Store Chronicle Intelligence Jobs in Higher Education Post a Job Know The Chronicle About Us Vision, Mission, Values at The Chronicle Write for Us Work at The Chronicle Our Reporting Process Advertise With Us Brand Studio Accessibility Statement 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 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. Tags Share"}
7,394	Einar Holm	Ithaca College	[ "7394_101.pdf", "7394_102.pdf", "7394_103.pdf" ]	{"7394_101.pdf": "v (1998) Supreme Court, Tompkins County, New York. Einar HOLM, Plaintiff, v COLLEGE, Defendant. Decided: January 27, 1998 Williamson, Clune & Stevens, Ithaca (Robert J. Clune, of counsel), for plaintiff. Costello, Cooney & Fearon, L.L.P., Syracuse (Frances A. Ciardullo, of counsel), for defendant. The defendant College moves for summary judgment, dismissing the complaint in its entirety. On an earlier motion, we dismissed the complaint against the College officers, as individuals. We also held that the College is not a \u201cstate actor\u201d (Klinge v. Ithaca College, 167 Misc.2d 458, 461, 634 N.Y.S.2d 1000, mod. on other grounds 235 A.D.2d 724, 652 N.Y.S.2d 377; see also Moghimzadeh v. College of Saint Rose, 236 A.D.2d 681, 653 N.Y.S.2d 198). In consequence, plaintiff now withdraws the ninth cause of action asserting constitutional and related statutory claims. I. Facts The College administration promulgated a Faculty Handbook in 1975 which contained a compilation of institutional rules and procedures governing the appointment, promotion, discipline and termination of faculty members (hereafter, Handbook I). In 1977 the Board of Trustees approved institutional by-laws which, at Article XI, state that: \u201cThe Faculty shall be governed by the regulations of the College specified in \u2024 the Faculty Handbook as approved by the Board of Trustees.\u201d In 1992, a general revision of the Handbook was approved by the Board of Trustees, effective on August 16, 1993 (Handbook II). The Board of Trustees, in 1984, adopted an Equal Opportunity/Affirmative Action Statement. Later, a Sexual Harassment Policy was promulgated by the president, without specific endorsement by the Trustees, which provided that harassment complaints would be handled under another policy document, entitled Guidelines for Resolving Discrimination Complaints. The Guidelines establish a Discrimination \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 7:57 v (1998) \| FindLaw 1/12 Complaint Review Committee to hear appeals and make recommendations to the president, whose decision is described as final. The plaintiff became fully aware of the College rules on sexual harassment when, in 1986, he was warned by President Whalen that the sexual innuendos and allusions used by plaintiff in the classroom were considered a violation of the Policy, would not be tolerated and, if continued, could lead to termination. In 1992, the written complaints of three female students charging similar conduct precipitated another investigation pursuant to the Policy and the Guidelines. These complaints, and the subsequent termination of the plaintiff's employment, are the subjects of this litigation. The affirmative action officer of the College sustained the 1992 charges and Provost Longin, after review, accepted her findings plan of remediation was devised by the provost in November 1992, which included visitations to the plaintiff's classroom by a dean and evaluations of the plaintiff's conduct by his students at the end of the ensuing Spring semester. Plaintiff appealed the provost's determination to the Discrimination Complaint Review Committee which, in February 1993, affirmed both the findings and the proposed remediation plan. Thereupon, the plan was put into action. At the end of the semester the dean, who monitored the plaintiff's classes on a dozen occasions, reported to the provost that plaintiff had not abided by the corrective plan and that his classroom language and conduct continued to violate the Sexual Harassment Policy. This conclusion, the dean reported, was confirmed by the student evaluations. Plaintiff was apprised of these findings and invited to respond. Although two meetings were held, plaintiff declined to discuss the merits of the findings with the dean and the provost. After considering the evidence, and in the absence of any substantive rebuttal, the provost recommended dismissal. President Whalen accepted this recommendation and, on August 17, 1993, dismissed plaintiff. II. The Issues The complaint, while diffuse, may be summarized as follows: The president acted, ultra vires, in the promulgation of a College Sexual Harassment Policy; the disciplinary rules contained in Handbook were ineffective, never having been approved by the trustees, and, in any event, the College failed to follow its own rules and procedures under Handbooks and and, thus, breached its employment contract with plaintiff; the College violated a special duty, arising out of the relationship of faculty members to the institution, in handling the harassment complaints; the College interfered with plaintiff's prospective economic advantage and violated federal regulations governing the College as a recipient of federal funds. III. The Contract Claim 2/22/25, 7:57 v (1998) \| FindLaw 2/12 The plaintiff relies upon a breach of contract theory but argues, nevertheless, that the disciplinary rules contained in the Handbooks were never validly adopted by the institution. If that contention is accepted, of course, the breach of contract theory must fail. We assume, however, that plaintiff's claim that defendant failed to follow its own Handbook rules can only be understood to state a breach of contract claim. For reasons which have been fully stated elsewhere (Klinge v. Ithaca College, supra, 167 Misc.2d at 461-462, 634 N.Y.S.2d 1000) we hold that the Handbook rules, if duly authorized, are contractual in nature and, so far as applicable, bind both the College and the plaintiff. Holm contends that Handbook was never adopted by the Board of Trustees and that Handbook II, which was, became effective only after the events which impelled the College to terminate him. Handbook I, concededly, was first published in 1975 without prior trustee approval. However, the institutional by-laws adopted by the Board in 1977 refer to the Handbook as having been \u201capproved\u201d by the trustees. Whatever de facto effect Handbook may have enjoyed between 1975 and 1977, the trustees' adoption of the by-laws on May 13, 1977, with an explicit and approving reference to Handbook I, gave that document undoubted validity thereafter. It is not disputed that Handbook had been formally approved by the trustees and was in effect when the president's letter of dismissal was dispatched. Handbook had taken effect when the harassment charges were brought against plaintiff, in May 1992, and remained in effect throughout the entire period during which his conduct was being monitored, as part of the remediation program, under the authority of the Sexual Harassment Policy and the Guidelines for Resolving Discrimination Complaints. Presumably, the termination provisions of Handbook I, at Article IV, Subsection B(2)(a)(1), could have been followed during that period. Those rules provide that: \u201cWhen the administration believes that a faculty member with tenure is beginning to behave so as to provide adequate cause for his dismissal, the President of the College will write him a letter stating what has been his malfeasance \u2024\u201d. This process, once initiated, would permit the accused to deny the charge and request the convocation of a special peer review committee (Subsection B, [2][a] [2] ). Arguably, plaintiff's rights under Handbook I, Article IV, Subsection B, may have been greater than those afforded by the discrimination complaints procedure. However, plaintiff's election to proceed as he did cannot be attributed to the College, which, as noted below, was authorized to investigate and required to remedy harassment complaints under the concurrently valid Sexual Harassment Policy. After the conclusion of the remediation period, Handbook became effective. Under Section 10.3, plaintiff could have appealed the president's termination decision to the Faculty Grievance Committee. Section 10.3.1, subsections (a) and (b), permit an aggrieved member of the faculty to appeal administrative actions, including terminations, which concern an alleged \u201cDenial of academic freedom\u201d, 2/22/25, 7:57 v (1998) \| FindLaw 3/12 defined as \u201c\u2024 dismissal without adequate justification\u201d. The plaintiff did not file a grievance within 30 days after the dismissal and, thus, waived the opportunity to present his case to his faculty peers. The plaintiff, having waived the procedures available under Handbooks and II, has no basis to contend that the College breached its contractual duty by refusing to grant him the Handbook peer review or the Handbook grievance. Moreover, plaintiff has asserted no claim that he was misled, deceived or frustrated by the College in respect to his rights under the Handbooks. Quite apart from his contractual rights, under Handbook or II, plaintiff could have brought a timely Article 78 proceeding to challenge the fairness of the procedures or the substantive results. (Gertler v. Goodgold, 107 A.D.2d 481, 487 N.Y.S.2d 565, aff'd 66 N.Y.2d 946, 498 N.Y.S.2d 779, 489 N.E.2d 748; Klinge v. Ithaca College, 244 A.D.2d 611, 663 N.Y.S.2d 735.) No such special proceeding was commenced. IV. Sexual Harassment Policy Claim We turn to the argument that the Sexual Harassment Policy, promulgated by the president, was not binding upon the faculty. In Maas v. Cornell University, 245 A.D.2d 728, 666 N.Y.S.2d 743, the Appellate Division, Third Department, recently held that sexual harassment procedures adopted by a subordinate unit of the university (i.e., the College of Arts & Sciences) were valid, though not explicitly adopted by the trustees, where the record as a whole indicated that the subordinate body acted \u201c\u2024 within the confines of its authority \u2024\u201d (Maas, supra, at 729, 666 N.Y.S.2d at 746). Given the untidy governance arrangements often found in academia, the Court may have reasoned that parallel and even overlapping policies may enjoy concurrent validity where the trustees, by one means or another, have signaled their acquiescence. Here, the Sexual Harassment Policy was adopted, not by a subordinate academic unit which lacked any explicit authority to adopt such rules, but by the president who, under the by-laws, is the chief executive officer of the institution and is directly responsible to the Board of Trustees. Moreover, the president's authority to issue the Sexual Harassment Policy may be traced to the Equal Opportunity/Affirmative Action Policy Statement adopted by the trustees on October 1, 1982. The E.O./A.A. Policy stated that discrimination on the grounds of sex \u201cwill not exist in any area, activity, or operation of the College \u2024\u201d and that the College intended \u201c\u2024 to ensure that educational opportunities and services offered by the college \u2024 are provided equitably to all students, including those who are women \u2024\u201d. Thereafter, and without further resort to the trustees, the president promulgated a Sexual Harassment Policy which, echoing the E.O./A.A. Policy, stated that the College \u201cseeks to ensure that the College community is free from all forms of sexual harassment \u2024\u201d including attempts \u201c\u2024 to subject a person to unwanted sexual attention, verbal or physical \u2024\u201d. The Policy issued by the president defines sexual harassment to include the creation of \u201can intimidating, hostile, or offensive working or educational environment\u201d on the basis of sex or sexual identity. 2/22/25, 7:57 v (1998) \| FindLaw 4/12 In our view, the Sexual Harassment Policy and the Guidelines for Resolving Discrimination Complaints, though not directly anointed by the governing board, fall within the delegated powers of the president and simply implement the trustees' E.O./A.A. Statement. Indeed, it is precisely the duty of the president to translate broad policies adopted by the trustees into effective administrative actions (Bylaws, Article V). We also note, in passing, that colleges and universities receiving federal funds are obliged to enforce federal law and regulations which prohibit sexual harassment in the classroom and elsewhere in the educational environment (20 \u00a7 1681, added by Pub 92-318, tit IX, \u00a7 901; 34 106.8[b] ). Plaintiff sought review of the provost's findings and remediation plan by the Discrimination Complaint Review Committee which, as noted earlier, sustained the findings and the plan. This choice was not the result of any compulsion by the College. The Guidelines for Resolving Discrimination Complaints provide that its formal steps may be followed \u201cWhere there are no other appropriate procedures \u2024\u201d. Such \u201cother\u201d procedures were available to members of the faculty under Handbook and could have been invoked by plaintiff, at his election. V. Tort Claims Charles v. Onondaga Community College, 69 A.D.2d 144, 418 N.Y.S.2d 718, app. dsmd. 48 N.Y.2d 650, 421 N.Y.S.2d 200, 396 N.E.2d 482, a case on remarkably similar facts, held that a claim for wrongful dismissal could not be founded upon a special duty, arising out of the relationship between a tenured faculty member and a college employer, which is independent of the rights and duties to be derived from the by-laws, policies, regulations and procedures which define the governance structure of the institution. Since plaintiff has failed to demonstrate that defendant deprived him of any rights he may have enjoyed under the provisions found in the Handbooks or other employment rules, or that defendant acted in a manner which precluded his resort to Handbook procedures or other available rights, there is no foundation for a claim that defendant breached any implied special duty of good faith and fair dealing (Rowe v. Great Atlantic & Pacific Tea Co., Inc., 46 N.Y.2d 62, 412 N.Y.S.2d 827, 385 N.E.2d 566; Jaffe v. Paramount Communications, Inc., 222 A.D.2d 17, 22-23, 644 N.Y.S.2d 43). \u201cIt is a well-established principle that a simple breach of contract is not to be considered a tort unless a legal duty independent of the contract itself has been violated \u2024 This legal duty must spring from circumstances extraneous to, and not constituting elements of, the contract, although it may be connected with and dependent upon the contract \u2024\u201d (Clark-Fitzpatrick, Inc. v. Long Is. R.R. Co., 70 N.Y.2d 382, 389, 521 N.Y.S.2d 653, 516 N.E.2d 190; see also Fort Ann Central School District v. Hogan, 206 A.D.2d 723, 725, 614 N.Y.S.2d 803). The complaint, while alleging the same facts under a variety of labels, does not establish a negligence theory which is sufficiently distinct from the breach of contract claim to stand on its own. There is no 2/22/25, 7:57 v (1998) \| FindLaw 5/12 cause of action for the negligent performance of a contract (Johnson City Central School Dist. v. Fidelity and Deposit Co., 226 A.D.2d 990, 993, 641 N.Y.S.2d 426). VI. Remaining Claims Interference with Contractual Relations The plaintiff has produced no evidence that the motives of the College were wholly or even partly unrelated to a legitimate intent to enforce its policy on sexual harassment. Moreover, there is no showing that \u201cwrongful means\u201d were employed to advance that lawful purpose Bancorp v. Fleet/Norstar Financial Group, 87 N.Y.2d 614, 641 N.Y.S.2d 581, 664 N.E.2d 492; 72 N.Y.Jur.2d, Interference, Sect. 44). Mere conclusory allegations regarding a prospective loss of benefits will not suffice (Gertler v. Goodgold, supra, 107 A.D.2d 481, 489-490, 487 N.Y.S.2d 565) and the mere heaping up of epithets (viz., maliciously, knowingly, wantonly, etc.) does not \u201cconvert the complaint from one in contract to one in tort\u201d (Charles v. Onondaga Community Coll., supra, 69 A.D.2d at p. 148, 418 N.Y.S.2d 718 Defamation The complaint does not appear to assert a defamation cause of action but describes injuries which are customarily attributed to such a wrong. Assuming, arguendo, that such a claim can or should be extruded from the cumulative allegations of the complaint, we conclude that the evidence submitted does not create a question of fact as to whether defendant published any information about plaintiff's conduct, beyond the circle of those who needed to know, or that any such publication was malicious and, therefore, beyond the scope of the qualified privilege which would otherwise surround such publication (Stukuls v. State of New York, 42 N.Y.2d 272, 397 N.Y.S.2d 740, 366 N.E.2d 829 Federal Regulations The federal regulations cited by plaintiff simply require the institution to bar sexual harassment and to provide a forum and a procedure for the disposition of such complaints. It cannot be doubted that the College fully complied with these requirements The College, by reason of federal law and pursuant to its own internal policies and procedures, is obliged to hear and determine complaints of sexual harassment by students against faculty members. The president acted within the scope of his delegated powers in promulgating the Sexual Harassment Policy. The College has the right to terminate tenured professors for cause. There is no evidence from which a trier of the fact could infer that the College, in handling the complaints against plaintiff, violated its own rules. He chose not to commence a special proceeding, under Article 78, to test the propriety of 2/22/25, 7:57 v (1998) \| FindLaw 6/12 the College's disciplinary actions. The plaintiff had a variety of contractual remedies under the disciplinary rules applicable to faculty, and elected not to invoke those rights. The College did not violate any putative special or fiduciary duty owed to plaintiff. No issue of fact is present which, if resolved in plaintiff's favor, would entitle him to the relief he seeks under any recognized theory of contract or tort liability. The complaint should be dismissed. Submit order on notice granting defendant's motion for summary judgment J. RELIHAN, JR., Justice. 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, 7:57 v (1998) \| FindLaw 7/12 v (1998) Decided: January 27, 1998 Court: Supreme Court, Tompkins County, New York. 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, 7:57 v (1998) \| FindLaw 8/12 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, 7:57 v (1998) \| FindLaw 9/12 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, 7:57 v (1998) \| FindLaw 10/12 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, 7:57 v (1998) \| FindLaw 11/12 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 7:57 v (1998) \| FindLaw 12/12", "7394_102.pdf": "University of Tulsa College of Law University of Tulsa College of Law Law Digital Commons Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 2000 Employment Discrimination in Higher Education Employment Discrimination in Higher Education Oren R. Griffin Thomas P. Hustoles Follow this and additional works at: Part of the Constitutional Law Commons, Education Law Commons, and the Labor and Employment Law Commons During 1999, the most significant development in employment discrimina- tion law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimina- tion statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were ren- dered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally pre- dicting judicial outcomes given certain fact patterns. After a survey of the 1999 Eleventh Amendment decisions, this review will address additional de- cisions in the areas of tenure, sexual harassment, Title VII, age discrimina- tion, revocation of settlement offers, and employee/faculty misconduct good example of the application of Eleventh Amendment immunity to a state university is Goss v. Arkansas.2 In this case, the plaintiff brought an age discrimination suit against the State of Arkansas and the University of Arkansas.3 The defendants moved at trial for summary judgment alleging that they were immune from suit under the Eleventh Amendment.4 The trial court held that 29 U.S.C. \u00a7 630 (b) of the Age Discrimination in Employment Act (ADEA), which specifically made the states subject to suit for age dis- crimination, was a constitutional exercise of congressional power and eroded Eleventh Amendment immunity for the defendants.5 The Eighth Circuit re- versed, holding that the does not abrogate Eleventh Amendment im- munity and even if it did, it would have been unconstitutional to do so.6 The court relied on an earlier case coming to the same result, Humenansky v. Regents of the University of Minnesota.7 * Mr. Hustoles is a partner in the Michigan-based law firm of Miller, Canfield, Paddock and Stone, P.L.C. ** Mr. Griffin, Ph.D., J.D., is an associate with Elarbee, Thompson & Trapnell, LLP, a law firm in Atlanta, Georgia. 1. 528 U.S. 62 (2000). 2. 164 F.3d 430 (8th Cir. 1999). 3. See id. at 431. 4. See id. 5. See id. 6. See id. 7. 152 F.3d 822 (8th Cir. 1998). 342 Although technically beyond the scope of this review of 1999 cases, it is important to note that the United States Supreme Court, in Kimel, agreed with the result in Goss, holding that the Eleventh Amendment was a bar to claims against states or state agencies. This decision, which involved the Florida Board of Regents, unequivocally provides Eleventh Amendment immunity to state colleges and universities for federal private actions for damage claims asserting discrimination on the basis of age. Other 1999 Eleventh Amendment immunity college and university deci- sions were decided in the context of different kinds of discrimination claims. In Garrett v. University of Alabama8 the Eleventh Circuit held that states do not have sovereign immunity from claims brought under the Americans with Disabilities Act (ADA) because Congress unequivocally expressed its intent to abrogate that immunity.9 The court further held that states do not have sovereign immunity regarding the Rehabilitation Act.10 The court opined, however, that states do retain immunity from Family and Medical Leave Act (FMLA) claims dealing with leave sought by state employees due to an ongo- ing medical condition.\" The issue is not yet settled, with the Second, Fourth, Fifth, Ninth, and Tenth Circuits agreeing with the position taken in Garrett, but with the Seventh and Eighth 12 Circuits upholding Eleventh Amendment immunity defenses to the ADA. The Supreme Court is ex- pected to resolve this issue next term, and based upon its decision in Kimel, will probably find that the Eleventh Amendment immunity defense will ap- ply to and claims. Finally, in Litman v. George Mason University,\"3 the Fourth Circuit held that, by accepting federal funds, a public university waives Eleventh Amend- ment immunity to private actions brought under Title IX.' 4 The court found that 42 U.S.C. \u00a7 2000d-7(a)(1), which conditions acceptance of federal funds on a school's agreement to waive its immunity, was a constitutional exercise of congressional spending power.1 5 The impact of these decisions on certain discrimination claims against state colleges and universities is patently of tremendous significance. Prior to these developments, most age discrimination claims, for example, were brought in federal court. Now, all such claims for money damages by private parties will be brought in state court, under state law governing age discrimi- nation. There are two primary practical impacts on the litigation of these claims. First, federal court is lost as a forum in states and local jurisdictions where heretofore the plaintiff (or often the defendant university, where re- moval was appropriate) preferred to litigate in federal court. 8. 193 F.3d 1214 (11th Cir. 1999), cert. granted, 120 S.Ct. 1669 (2000). 9. See id. at 1220. 10. See id. 11. See id. at 1219. 12. See Erickson v. Board of Governors of State Colleges & Univ. for N.E. Ill. Univ., No. 98-3614, 2000 U.S. App 5074 (7th Cir. Mar. 27, 2000). 13. 186 F.3d 544 (4th Cir. 1999). 14. See id. at 557. 15. See id. at 555. [Vol. 27, No. 2 Second, the underlying statutory basis for such claims shifts from primarily a national federal statutory framework, to one controlled by state law. Again using age discrimination as an example, states generally have state law pro- tections against age discrimination. They are, however, at times substantially different than those provided for by federal law. For example, under the ADEA, a person is protected from age forty and upward. Many state laws simply prohibit discrimination based upon \"age\" in general, with no specific band of covered ages The general category of tenure is one area of employment discrimination that is most peculiar to colleges and universities. Several noteworthy deci- sions were rendered in this arena during 1999. Krystek v. University of Southern Mississippi16 involved an appeal by the University of Southern Mississippi from the trial court's finding that the uni- versity violated Title by denying Professor Krystek tenure, and from the trial court's refusal to grant the university's motion for judgment notwith- standing the jury's verdict. The plaintiff was denied tenure for failure to pub- lish enough scholarly work. He claimed that he was discriminated against on the basis of gender because women were held to a lesser standard for ten- ure.17 The primary evidence in support of this claim was the plaintiff's claim that the Dean admitted that there were different standards for males than for females, and that two specific female comparables were granted tenure based on the lower standard. 18 The Fifth Circuit reversed the trial court, holding that the university was entitled to judgment as a matter of law.19 In its analysis, the court minimized the Dean's comment as a \"stray remark\" made well before the plaintiff's tenure decision was rendered, and as made by a person not in the position to make any final decision about tenure.20 The court also found that the plain- tiff's scholarship record, consisting of some short articles for a bar journal but without any full-length publications, did not qualify him for tenure for pur- poses of meeting his basic burden of proof.21 The court noted that the plain- tiff had not presented any tenured member of the faculty who had not published a substantial piece of scholarly work and could not point to a simi- larly situated female professor who was awarded tenure without publishing scholarly work.22 This case strongly supports and illustrates the generally self-evident pro- position that scholarly publications are a critical element of the criteria for tenure. 16. 164 F.3d 252 (5th Cir. 1999). 17. See id. at 255. 18. See id. 19. See id. at 258. 20. See id. at 256. 21. See id. at 257. 22. See id. 2000] 344 In Bigler v. Cornell University,23 the plaintiff was a tenured professor at Cornell who was dismissed from its medical college for failure to fulfill his duties. The court found that the evidence supported the findings of Cornell's board that he failed to fulfill his duties as a tenured faculty member, and that the board's decision to revoke tenure and dismiss him from the faculty was not arbitrary and capricious. 24 The court concluded by noting the general rule of judicial tendency not to interfere with academic decisions regarding, among other things, promotion, appointment, and tenure.25 This is yet an- other in a long line of such decisions. Similarly, in Peterson v. City University of New York, 26 the plaintiff alleged that the university engaged in gender and age discrimination by denying her tenure university's Executive Committee had decided to reject her appli- cation for tenure. She appealed the decision, and the appeal was rejected. 27 The university gave as the reason for denial of tenure a judgmental one - that her record of scholarship, research, publication, and professional activities was insufficient to warrant an award of tenure. 28 The court found that sum- mary judgment was appropriate because the plaintiff had offered no concrete evidence of any discriminatory motive and intent, while the university of- fered a sufficient non-discriminatory reason for denial in its conclusions re- garding her qualifications as to her record as a whole.29 The court noted further that the plaintiff was afforded ample opportunities to appeal the rul- ings of the various committees that had considered her tenure applications.30 Dobbs-Weinstein v. Vanderbilt University31 presents the interesting ques- tion of whether a recommendation against tenure at a preliminary level, where tenure is ultimately achieved, can constitute an \"adverse employment action\" sufficient to state a claim under Title VII.32 The acting Dean of the College of Arts and Letters at Vanderbilt declined to agree with the philoso- phy department recommendation in favor of tenure.33 The plaintiff filed a grievance with the Academic Senate, which referred the matter to the Sen- ate's Promotion and Tenure Review Committee. That committee, although stating that the acting Dean's rationale was legitimate, recommended that tenure be granted. The Board of Trustees followed this positive recommen- dation, and granted tenure, along with back pay.34 In spite of her ultimate achievement of tenure, the plaintiff alleged that the Dean discriminated against her by not agreeing with her department, and 23. 698 N.Y.S.2d 472 (N.Y. App. Div. 1999). 24. See id. at 473. 25. See id. 26. 32 F. Supp. 2d 675 (S.D.N.Y. 1999). 27. See id. at 679. 28. See id. 29. See id. at 688. 30. See id. at 686. 31. 185 F.3d 542 (6th Cir. 1999). 32. Id. at 545. 33. See id. at 544. 34. See id. [Vol. 27, No. 2 recommending against tenure. She claimed that her eventual receipt of ten- ure, with back pay, did not appropriately compensate her for the loss of repu- tation and emotional distress she suffered as a result of the Dean's recommendation. 35 The court held, in a fashion eminently consistent with common sense, that because the plaintiff achieved tenure and back pay, there was no \"adverse employment action\" as required to establish a prima facie case under Title VII.36 Any ruling to the contrary could have opened up a floodgate of suits based upon adverse rulings at one or more of the many levels of review that are typical in tenure determination, even if the candidate was ultimately successful. Three cases in which university professors claimed violations of due pro- cess were decided in line with important, generally accepted and established principles. In Gray v. Board of Regents of the University System of Georgia,3 7 Professor Gray, a former assistant professor at the North Georgia College and State University, claimed a due process violation in connection with her denial of tenure. She was hired to teach in 1985 under a one-year employ- ment contract, which was renewed each year through the 1991-92 academic year.38 After completing her seventh year of teaching, she was given a leave of absence during 1992-93 to attend graduate courses, with the university paying half her salary and giving her tuition assistance.39 Professor Gray first applied for tenure during the 1989-90 academic year, but withdrew her application after a colleague advised her to seek an ad- vanced degree.4\u00b0 After returning to teaching in 1993-94 from her leave of absence, she again applied for tenure. She was employed again under a one- year contract for 1993-94, pending the tenure committee's decision. 41 She received a favorable recommendation for tenure by her department, but was not supported by the Institutional Promotion and Tenure Committee, and in May, 1994, was given a terminal one-year contract. The university marked it as a \"final contract,\" and she signed it along with a letter reserving the right to challenge the tenure denial.42 The Eleventh Circuit upheld the trial court's grant of summary judgment. The court, with a dissent, held that her mere presence beyond the normal seven-year probationary period did not entitle her to tenure, and that her one-year contracts were probationary so that due process did not attach.43 She argued that the express language in her individual employment contract and the conduct of the university gave her the legitimate impression that she had achieved de facto tenure. The court looked not only to the individual 35. See id. 36. See id. at 546. 37. 150 F.3d 1347 (11th Cir. 1999). 38. See id. at 1347. 39. See id. at 1348. 40. See id. 41. See id. 42. See id. 43. See id. at 1352. 2000] 346 language of her contract, but also to general university policies which the court found to require an affirmative decision through the tenure review pro- cess for an award of tenure. 44 This decision affirms the distinction between renewable, probationary con- tracts (to which due process does not attach upon a non-renewal decision) and the contract of tenure, which grants a property interest in continued em- ployment such that due process does attach. This distinction was first reached in the seminal cases of Board of Regents v. Roth45 and Perry v. Sindermann,46 and has been followed countless times thereafter. However, the fact that plaintiffs are still litigating the question in 1999 underscores the importance for colleges and universities to carefully craft individual employ- ment contracts, as well as general university policies, to consistently disclaim any possibility of \"de facto\" tenure by clearly setting forth that tenure can only be achieved by an affirmative act of the governing board. The second due process case again illustrates the importance of this same principle. In Corsby v. Muse,47 the plaintiff alleged that the university de- prived her of tenure in violation of due process rights, and in retaliation for exercise of First Amendment rights, through a \u00a7 1983 action. Plaintiff was first hired in 1976, and worked as an adjunct instructor and laboratory super- visor.48 The university faculty handbook divided faculty into two categories - tenure track and non-tenure track - but the university did not initially clas- sify the plaintiff's position. She was informed, however, that her employment was \"continuing\" rather than probationary.49 On January 22, 1993, the plain- tiff was officially notified that she was classified as faculty, non-tenure track, and continuing. 50 In a subsequent faculty meeting, the plaintiff expressed opinions that were contrary to opinions held by the acting Department Head. She claimed that as a result, certain privileges she previously held were taken away, including no longer being allowed to vote in hiring decisions, teach graduate-level classes, or evaluate lab teachers. Because of this erosion of privileges, in April of 1995 she requested that she be awarded tenure on the premise that university tenure policy allows for tenure after seven years of full time academic employment. The Provost's Office rejected the request, but offered to extend to her all due process rights afforded a tenured member in the case of dismissal, contingent upon her acceptance of a reclassification as a non-academic manager. When the plaintiff rejected this counter-offer, 44. See id. 45. 408 U.S. 564 (1972) (non-renewal of a term, tenure track, probationary contract does not give rise to a property interest in continued employment; due process does not attach unless non-renewal is accompanied by a charge of dishonesty, immorality, or other circumstances putting a person's good reputation, honor, or integrity at stake so that the person is \"stigmatized\" and a liberty interest is implicated). 46. 408 U.S. 593 (1972) (professor should be permitted to show that while no explicit tenure system existed at his institution, a \"de facto\" tenure system existed such that due process should attach). 47. No. 98-5-401-E, 1999 U.S. Dist 290 (M.D. Ala. Jan. 14, 1999). 48. See id. at 5. 49. See id. at 6. 50. See id. [Vol. 27, No. 2 the Provost changed her job title to \"General Biology Lab Supervisor\" and classified her as non-tenure track faculty. The court held that the plaintiff's due process claim was procedurally barred by the statute of limitations because she filed the claim more than two years after the Provost's office denied her tenure.5 1 The court went on, none- theless, to consider the merits of her due process claim, finding that the faculty handbook provisions relied upon by the plaintiff in support of her de facto tenure claim of acquisition of tenure through service were not control- ling.52 The court reasoned that she was not entitled to such tenure because she failed to establish any period in which her employment was probationary, a necessary requirement to attain tenure status.53 This was a logical but very narrow holding on the point of the plaintiff's allegation of deprivation of ten- ure without due process. Since she was a \"continuing\" employee, had the university terminated her non-tenure track employment (which it did not do here), she could have argued, with equal logic, that the continuing nature of the appointment gives rise to a property right in continued employment such that due process would attach. The third due process case is Boateng v. Inter American University.54 The plaintiff, who was from Ghana, asserted that his tenure denial should be overturned because of alleged violations of due process, equal protection, and age discrimination, among other theories.55 The plaintiff further alleged that the ad hoc tenure committee deprived him of due process and equal protection.56 The court, again consistent with established law, held that since Inter American University is a private institution, there is no \"state action\" sufficient to implicate Fourteenth Amendment due process or equal protec- tion rights. The court noted only two exceptions to the general rule that only state actors are liable for violating Fourteenth Amendment rights: (1) when the private action is vested with a public function; or (2) where the govern- ment is sufficiently involved with the private actor's acts.57 The court found neither exception to be applicable to Inter American University. The case illustrates and confirms the general principle that private universities are not bound by constitutional due process, and that they are only bound to whatever process they choose to include as a matter of institutional policy in their established procedures. In Miller v. Bunce,58 Dr. Todd Miller, a professor at the University of Texas Medical Branch brought a \u00a7 1983 lawsuit against a fellow faculty mem- ber, claiming that his application for tenure was, among other theories, hin- 51. See id. at 15-16. 52. See id. at 17-18. 53. See id. at 17-20. 54. 190 F.R.D. 29 (D.P.R. 1999). 55. See id. at 31. 56. See id. 57. See id. at 33. 58. 60 F. Supp. 2d 620 (S.D. Tex. 1999). 20001 348 dered by violation of the First, Fourth, and Fourteenth Amendments, and anti-retaliation provisions in the False Claims Act.59 Dr. Miller claimed that his colleagues remarked he was litigious, and dis- paraged his teaching evaluations, his leadership skills, and professional abili- ties (among a litany of fifty alleged \"petty\" acts). He further alleged that while he was applying for tenure, the tenure committee changed its process in a way designed to hinder his application. 6\u00b0 The court granted summary judgment on the basis that there was no offi- cial state action which deprived Dr. Miller of a life, liberty, or property inter- est.61 He was not demoted, and his claim that his chances of tenure were decreased did not give rise to a property interest. His other claims were dis- missed essentially because he showed only actions by his colleagues, rather than any adverse employment action or retaliation taken by the university as employer Several interesting cases involving sexual harassment issues at colleges and universities were decided in 1999. In Simonson v. Iowa State University,62 the interesting question before the court focused on whether a tenured professor could demand an evidentiary hearing before being placed on administrative leave pending the findings of an investigation of sexual harassment complaints against the professor. On February 10, 1997, the Dean of the College of Education at Iowa State University (ISU) learned that a student at filed a sexual harassment complaint against Professor Michael R. Simonson.63 Other faculty members confirmed that serious sexual harassment allegations were raised against Si- monson, but that certain students were unwilling to come forward for fear of retaliation. 64 The Affirmative Action Director recommended that the plaintiff be placed on administrative leave with pay. The Dean agreed and informed Simonson in writing on February 13 that he would be placed on paid administrative leave.65 Simonson sought to appeal the decision to be placed on paid administra- tive leave, but his appeal was denied.66 Simonson filed an action claiming that deprived him of property and liberty interests under the Due Pro- cess Clause of the United States and Iowa Constitutions.67 The district court agreed and the case was remanded to with instructions that Simonson be afforded a full evidentiary hearing which would include notice of the allega- tions, the right to hear and cross-examine complaining witnesses, and the 59. See id. at 620. 60. See id. at 622. 61. See id. at 623-24. 62. 603 N.W.2d 557 (Iowa 1999). 63. See id. at 558. 64. See id. at 559. 65. See id. 66. See id. at 560. 67. See id. [Vol. 27, No. 2 right for Simonson to present evidence on his own behalf appealed the district court's decision that Simonson was entitled to a hearing prior to being placed on paid administrative leave.68 The district court's decision was reversed. The court of appeals found that ISU's decision to place Simonson on paid administrative leave pending the investigation of the sexual harassment complaint did not deprive him of a property right. The administrative leave was paid and thus Simonson was not deprived of any economic benefits. 69 ISU's personnel policies and rules re- garding suspension of employees did not give Simonson a protected property interest that entitled him to a hearing prior to being placed on paid adminis- trative leave. Hence, Simonson was not deprived of a protected property interest in the form of an economic benefit or otherwise. 70 The district court also erroneously concluded that the stigma Simonson allegedly suffered as a result of being placed on administrative leave was seri- ous enough to implicate his liberty interests. 71 An employee's liberty interest is deprived by publicly damaging the employee's reputation so severely that employment opportunities are impaired.72 The court held that the \"requisite stigma will be found when an employer has accused an employee of dishon- esty, immorality, criminality, racism and the like.\"'73 The court found that Simonson's liberty interest was not damaged because there was no public disclosure of the events surrounding the sexual harassment investigation.74 Thus, the court affirmed the action of ISU. The dispute in Holm v. Ithaca College75 involved the termination of a cello teacher at Ithaca College. In 1978, the plaintiff Einar Holm was reprimanded for alleged inappropriate conduct towards students that focused on sexual harassment and offensive commentary, and questions about students' per- sonal lives.76 An investigation was conducted and college administrators con- cluded that Holm had created an intimidating environment for students. The plaintiff was then instructed to take remedial action and to discontinue any further sexually explicit remarks.77 Thereafter, the plaintiff's performance was monitored and evaluated by the Dean of the School of Music. The col- lege's Provost reviewed this information and recommended that Holm be discharged. 78 Holm sued the college for breach of contract. The trial court granted sum- mary judgment for the college.79 The plaintiff then appealed the decision on 68. See id. 69. See id. at 563. 70. See id. 71. See id. at 564. 72. See id. 73. Id. 74. See id. at 565. 75. 682 N.Y.S.2d 295 (N.Y. App. Div. 1998). 76. See id. at 296. 77. See id. 78. See id. 79. See id. 2000] 350 the ground that the college did not follow the procedures outlined in the Faculty Handbook by failing to send him a warning letter and failing to allow him to appeal the warning.80 The lower court decision was affirmed because even after being instructed to take remedial action, Holm continued to make sexually harassing comments to students that resulted in several complaints.81 The formal complaints lodged against plaintiff contained detailed accounts of sexually oriented statements made by plaintiff toward female students which caused them to be embarrassed, humiliated and intimidated: Among the numerous suggestive comments attributed to plaintiff were statements wherein he told a female student that she \"needed to learn how to make love to her cello\", asked another female student \"have you ever made love back to back,\" and instructed her to \"play this pas- sage like a negligee\", commenting, \"You should wear one some day. The material is so soft and allows you to see the sensual beauty underneath. '82 Odom v. St. Louis Community College83 considered the question of the extent to which sexual harassment of a supervisor by a subordinate can give the supervisor an actionable claim of sexual harassment. The plaintiff worked for the college first as a shipping clerk and later as a campus police officer.84 He claimed that another police officer, a female, orally harassed him, and accompanied such harassment with explicit physical acts. He testi- fied that he orally reported all these incidents, but never filed a written re- port or complaint until over six months after the incidents had ceased. 85 The Director of Human Resources issued a report in response to the plaintiff's written complaints and a subsequent complaint the alleged har- asser filed against the plaintiff. The report concluded that although the fe- male officer may have violated the sexual harassment policy, the plaintiff's behavior towards her may have been retaliatory. It recommended that the new police chief review the sexual harassment policy with the employees, and no formal disciplinary action be taken.86 The plaintiff filed suit claiming vio- lation of Title and the state civil rights act, including an allegation that the college unlawfully retaliated against him for his complaints by refusing him an interview for the position of police chief, and demoting him.87 The court granted summary judgment for the college on the Title and state civil rights act claims, but denied it with regard to the state law retalia- tion claim. 88 The court relied heavily on the proposition that it is difficult for a supervisor to show that a subordinate employee created an environment so 80. See id. 81. See id. 82. Id. at 296-97. 83. 36 F. Supp. 2d 897 (E.D. Mo. 1999). 84. See id. at 900. 85. See id. at 901. 86. See id. at 902. 87. See id. 88. See id. at 907-08. [Vol. 27, No. 2 hostile that it would have affected a term of the plaintiff's employment, par- ticularly because the actions of the female officer were not connected in such a way to constitute a pattern, and did not rise to the level of creating a hostile work environment for her supervisor.8 9 Stoll v. New York State College of Veterinary Medicine at Cornell Univer- sity90 dealt with an interpretation of the New York Freedom of Information statute. The petitioner, David Stoll, was the attorney for a Cornell professor disciplined for having sexually harassed several female students. The profes- sor had filed suit, alleging that Cornell did not adhere to procedures in its Campus Code when disciplining him.91 Stoll filed a motion under the Free- dom of Information statute, asking that Cornell be compelled to produce documentation of the student complaints brought under the Campus Code.92 The New York Supreme Court held that Cornell could omit identifying per- sonal information, but otherwise had to produce the documents; the univer- sity subsequently appealed. 93 The New York Court of Appeals held that the unique statutory nature of Cornell did not subject the records to disclosure. Cornell is a private univer- sity with four \"contractual colleges\" which provide higher education on be- half of the state pursuant to a contractual arrangement with the state.94 These four colleges are public in some respects, including State funding and review of the Board of Trustees under certain circumstances as de- fined by the enabling statute.95 When the legislature created the contractual colleges, however, it chose to vest the maintenance and discipline functions with the private arm of Cornell. For this reason, the Court of Appeal held, over a dissent based upon the state funding, that sexual harassment proceed- ings under the Campus Code were within the private arm of Cornell, and the state therefore could not compel disclosure under the Freedom of Informa- tion statute.96 Another dispute involving a faculty member, Mayeaux v. Siena Heights College,97 concerned charges of Title violation. In this case, Anne Mayeaux, an associate professor at Siena Heights College (Siena) sued her employer for wrongful discharge, retaliatory discharge, and quid pro quo sex- ual harassment in violation of Title of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Acts.98 The wrongful discharge claim was dismissed on a motion for summary judgment, but the remaining retaliation and sexual harassment claims proceeded to jury trial.99 89. See id. at 904. 90. 723 N.E.2d 65 (N.Y. 1999). 91. See id. at 66. 92. See id. 93. See id. at 67. 94. See id. 95. See id. 67-68. 96. See id. at 69. 97. No. 98-1197, 1999 U.S. App. Lexis 11844 (6th Cir. June 3, 1999). 98. See id. at 1. 99. See id. 2000] 352 Mayeaux was hired in the summer of 1991, and had received excellent employment evaluations until 1992 when she became involved in several dis- turbing events at Siena. These events involved disputes and arguments with her colleagues, and one even led to a request that Mayeaux be terminated. 1\u00b0\u00b0 In 1993, Mayeaux alleged that she became the subject of sexual harassment by the Chairman of the Siena Humanities Division, Seleem Pieradina.101 Mayeaux filed a faculty grievance alleging sexual harassment and retaliation. The grievance resulted in a finding by the college president that Pieradina had sexually harassed Mayeaux in August 1995.102 In March 1996, however, the Siena faculty assembly presented a unanimous resolution calling for Mayeaux's discharge. 10 3 Mayeaux claimed that she had a \"just cause\" employment relationship with Siena because of actual or constrictive promises by her employer. The court granted summary judgment because it concluded that Mayeaux's em- ployment was \"at will.\"'1 4 Mayeaux claimed that Siena's adoption of the American Association of University Professors (AAUP) standard for non- renewal supported her claim for a \"just cause\" employee.105 The court ob- served that the Siena faculty handbook was the document that governed this case. 1\u00b06 According to the handbook, the standard for non-renewal at Siena applied to tenured faculty members. Thus, Mayeaux could not rely on the handbook because she was not tenured. 107 The district court's decision granting summary judgment on Mayeaux's wrongful discharge claim was affirmed. 108 jury found for Siena on the remaining sexual harassment and retaliation claims, but Mayeaux sought a new trial on the retaliation claim. 1\u00b09 The mo- tion for a new trial was denied because the court found that even if Mayeaux could present a prima facie case of retaliation, Siena's decision to terminate the plaintiff was not pretextual: Mayeaux's own letters show her to be unaccommodating at least, and at times not fully civil. Colleagues testified that they were afraid of her, and the administration noted that she often appealed to outside forces and threatened litigation rather than discuss the matter with her col- leagues through institutional channels. 110 100. See id. 101. See id. at 2 102. See id. at 5 103. See id. at 6. 104. See id. at 9. 105. See id. at 3. 106. See id. 107. See id. at 10. 108. See id. at 15. 109. See id. at 13. 110. Id. at 14. [Vol. 27, No. 2 Hence, the court found that the jury's decision was reasonable and the motion for a new trial was properly denied Title of the Civil Rights Act of 1964112 prohibits discrimination by any employer that is based on race, color, religion, sex, or national origin claim for retaliatory discharge can also be sustained under Title where plaintiffs can prove the following at trial: (1) that they engaged in protected activity; (2) that they were constructively discharged subsequent to or con- temporaneously with such activity; and (3) that a causal link existed between the protected activity and the discharge.113 In Gentner v. Cheyney University of Pennsylvania, two former Cheyney University of Pennsylvania (CU) professors, plaintiffs Fred Gentner and Robert Stevenson, filed a lawsuit claiming that they were wrongfully discharged in violation of Title VII. 14 Prior to this action, these plaintiffs had prevailed in a 42 U.S.C. \u00a7 1983 claim in 1996 when a jury found that the plaintiffs' complaints relative to certain hiring practices were a substantial factor for action taken against the plaintiffs for speaking out.115 In the 1996 case, the plaintiffs alleged dis- criminatory retaliation under Title and the court found that the plaintiffs were constructively discharged after exercising free speech in complaining about CU's hiring practices. However, the jury found that did not retali- ate against the plaintiffs for opposing CU's hiring practice.116 argued that the jury's finding that did not retaliate against the plaintiffs was in- consistent with the finding that a causal link existed between plaintiffs' con- duct and CU's adverse action.1 17 As a result filed a motion for judgment notwithstanding the verdict (JNOV), or, in the alternative, a new trial.\"\" The court granted the new trial as to plaintiffs' Title claim, but gave preclu- sive effect to plaintiffs' \u00a7 1983 verdict from the first trial showing that the plaintiffs' exercise of free speech opposing CU's hiring practices was a sub- stantial factor in retaliatory action taken by individual defendants against plaintiffs Fred Gentner and Robert Stevenson. 19 In the fall of 1991, Professor Gentner and Professor Stevenson served on a university search committee that was charged with hiring three new profes- sors in the Department of Allied Health and Science. Dr. Eugene Jones was the department chair, and Dr. Chang also served as a search committee member, among others. 20 The retaliatory conduct alleged in this case began 111. See id. 112. 42 U.S.C. \u00a7 2000e (1994). 113. Gentner v. Cheyney Univ. of Penn., No. 94-7443, 1999 U.S. Dist 15905, 26 (E.D. Penn. Oct. 14, 1999). 114. See id. at 2. 115. See id. at 5. 116. See id. at 6. 117. See id. 118. See id. 119. See id. at 17. 120. See id. at 15. 20001 354 after the plaintiffs made a complaint with the affirmative action officer because of a decision by the search committee to replace a white male appli- cant with an Asian female applicant. In response to these complaints, the affirmative action officer recommended that the search be aborted.121 Once the search was aborted, the plaintiffs alleged that they began to ex- perience adverse treatment from certain students and faculty at CU. Dr. Gentner was charged with racist remarks, his teaching schedule was changed by Dr. Jones as to interfere with off-campus research projects, and he was required to list all experiments that were done in his courses. Also, Dr. Gentner was charged with sexual harassment and sexual assault by Dr. Chang.' 22 This allegation was later found to be unsubstantiated. Likewise, Dr. Stevenson was required to list all experiments, and Dr. Jones demanded that Dr. Stevenson change a student's grade.123 The demand for a list of experiments had never been made before, and the other requests were unu- sual to say the least.1 24 Furthermore a student charged the plaintiffs with ethnic and racial intimidation, academic incompetence, extreme psychologi- cal intimidation, abuse of academic freedom, and poor teaching performance. 25 In the spring of 1992, the Department of Allied Health and Science insti- tuted a second search to hire new faculty members, resulting in the selection of Mark Lafferty, a white male, as a candidate. 26 Dr. Jones and Dr. Chang responded that the search process was manipulated and that no minority was going to be hired. 127 later investigated the matter and although no wrongdoing was found, the second search was aborted as well.'2 8 As a conse- quence, the Department of Allied Health and Science was in need of faculty members, and Dr. Jones recommended the hiring of an African-American male over the objection of the entire department except for Dr. Chang.129 Complaints about the department's hiring practices were brought to the at- tention of the Vice President of Academic Affairs, Dr. Albert Hoffman. At an October 1, 1992, department meeting where the Plaintiffs attempted to speak about their concerns, Dr. Hoffman explained the allegations facing the Plaintiffs, and ordered a performance evaluation. On December 3, 1992, Hoffman took action to terminate the Plaintiffs. 30 In a retaliatory discharge case a plaintiff need only show that, at the time one raises opposition, that he or she reasonably believe that the challenged 121. See id. at 17. 122. See id. at 20. 123. See id. at 19. 124. See id. 125. See id. at 21. It is interesting to note that the student that made these comments, Mr. Jerome Dowell, testified in his deposition that documents that supported his allega- tions were given to him by the President of the Biology Club. Dr. Jones served as advisor to the Biology Club. See id. 126. See id. at 19. 127. See id. at 20. 128. See id. 129. See id. at 22. 130. See id. at 28. [Vol. 27, No. 2 employment practice was unlawful. 131 The court found that the Plaintiffs en- gaged in a protected activity for purposes of Title by expressing their opposition to the hiring practices. 132 The second element necessary to make out a retaliation claim can be es- tablished where working conditions are so intolerable that a reasonable em- ployee would be forced to resign.133 In this case, the court resolved that the conditions were so intolerable that they had no option but to resign. Also argued that even if the activities of Dr. Jones and Dr. Chang were unlaw- ful, no vicarious liability could extend to because neither Dr. Jones nor Dr. Chang were supervisors. The court concluded that Dr. Jones' conduct could result in liability to CU. \"[T]his court properly instructed the jury that Dr. Jones' influence over Gentner's work schedule could be considered a fac- tor in determining whether Dr. Jones was a supervisor for purposes of bind- ing Cheyney under Title respondeat superior liability.\"' 34 As for the final element, the court's findings are clear: In the case at hand, there is no question that Plaintiffs provided enough evidence of retaliatory animus on the part of Drs. Jones and Chang for the jury to reasonably infer that Gentner and Stevenson were being discriminated against because they objected to the manner in which the faulty searches were being conducted. Indeed, the record.., is replete with examples of tangible, adverse employment actions that a reasona- ble jury could interpret as taken against Plaintiffs in retaliation for their speaking out against Cheyney's hiring practices.135 Therefore, in light of readjustments for damages to reflect a $200,000 stat- utory cap on compensatory damages, Dr. Gentner was awarded $995,466.00, and Dr. Steveson was awarded $772,784.00 in damages. 136 In Meachum v. Temple University of the Commonwealth System of Higher Education,137 the plaintiff, an African-American hired by Temple University (TU) as an associate university counsel, was able to make out a prima facie case of employment discrimination under Title hired Daniel R. Meachum in 1989 as in-house counsel with primary responsibility for litiga- tion, but terminated Meachum in 1995.138 Meachum was informed that he was terminated as part of a university-wide reduction in force. 139 The court noted, in viewing the facts in a light most favorable to Meachum, that the university terminated Meachum while retaining other university counsel, in- 131. See id. at 29. 132. See id. at 34. 133. See id. at 38. 134. Id. at 57. Furthermore, there is a sufficient basis to conclude that several high level administrators had constructive knowledge that the Plaintiffs were subjected to a hostile work environment. See id. at 59. 135. Id. at 73. 136. See id. at 97. 137. 42 F. Supp. 2d 533 (E.D. Pa. 1999). 138. See id. at 535. 139. See id. 2000] 356 cluding four non-African-American university staff counsel with less senior- ity than Meachum. Meachum alleged employment discrimination under both Title and 42 U.S.C. \u00a7 1981. To establish a prima facie case involving a reduction in force, the plaintiff must show that (1) she belonged to a protected class; (2) she was qualified for the position from which she was terminated; (3) she was termi- nated; and (4) persons outside of the protected class were retained.14\u00b0 How- ever argued that this case should be governed by different prima facie test requirements that apply when an employee is fired and then replaced by another employee.141 claimed that because the plaintiff's duties were outsourced to a contractor with employees of the same race, a reduction-in- force prima facie case standard was inappropriate. 142 The court disagreed for the following reason: It is not wholly implausible to posit a scenario in which an employer discharges an employee for reasons in which race plays a part, and transfers duties previously assumed by that employee to an indepen- dent contractor of the same race who is external to the work place.1 43 Therefore, the plaintiff was able to make out the prima facie case. He was a qualified member of a protected class who was terminated while other per- sons outside the protected class were retained. Once the prima facie case is made, the burden shifts to the defendant em- ployer to articulate a non-discriminatory reason for the adverse employment action.144 The reasons cited by for Meachum's discharge were: (1) deteri- orating job performance; and (2) cost-efficiency. 45 These reasons were re- futed as pretextual because Meachum had consistently received merit pay increases and no poor performance evaluations during his tenure at TU.' 46 Also could not offer any evidence that costs would be saved by eliminat- ing Meachum's position.147 Therefore, the defendant's motion as to the Title claim was denied.' a The court found, however, that was entitled to summary judgment as to the \u00a7 1981 claim because Meachum could not show that had a racially discriminatory layoff policy.' 49 The university subsequently moved for reconsideration on the Title claim based upon more complete evidence. The university was able to show a basic cost study surveying the legal community regarding the cost efficiency 140. See id. See also In Re Carnegie Ctr. Assoc., 129 F.3d 290, 294-95 (3d Cir. 1997). 141. See Meachum, 42 F. Supp. 2d at 536. 142. See id. 143. See id. at 536-37. 144. See Texas Dep't. of Community Affairs v. Burdine, 450 US. 248, 253 (1981). 145. See Meachum v. Temple Univ. of Comm. Sys. of Higher Educ., 42 F. Supp. 2d 533, 538 (E.D. Pa. 1999). 146. See id. 147. See id. at 539. 148. See id. 149. See id. at 541. [Vol. 27, No. 2 of outsourcing the work in question.-1 0 In light of this new evidence, the court granted the university's motion and closed the case.151 In Pemrick v. Stracher,152 the plaintiff, Suzanne Marie Pemrick, Ph.D. met Alfred Stracher, Ph.D., Chair of the Department of Biochemistry at the State University of New York at Downstate Medical Center (SUNY-DMC) in 1972.153 In 1978, Pemrick interviewed for a position at SUNY-DMC, but was not hired because of a hiring freeze at SUNY. According to Pemrick, Stracher promised that she would be hired for a tenure track position at as soon as the hiring freeze was lifted.154 In the meantime, Stracher encouraged Pemrick to submit a grant application to the National Institute of Health (NIH) and the National Science Foundation (NSF). In February 1978, Pemrick was awarded an grant, which served for eight years as one of the largest grants at SUNY-DMC.1 55 Shortly thereafter, Pemrick was hired as a Temporary Assistant Professor in the Biochemistry Department.15 6 During her tenure at SUNY-DMC, Pemrick also served as a consultant. Pemrick applied for several tenure-track positions in the Depart- ment of Biochemistry, but was not hired.1 57 Following her initial application for tenure-track positions at SUNY, the plaintiff alleged that she became the subject of numerous discriminatory and harassing actions by other faculty members. 158 Pemrick took her complaints to the Affirmative Action Officer, but was told that she had not experienced sex discrimina- tion.159 In 1985, 1986, and 1987, the plaintiff wrote letters to adminis- trative officials, wherein she alleged sex discrimination.1 60 The President appointed an ad hoc committee to investigate Pemrick's allega- tions. In 1987 the ad hoc committee resolved, however, that Pemrick was not subjected to sex discrimination.'61 Pemrick remained at until 1990 when she left after being terminated. 162 On July 30, 1990, Pemrick filed a lawsuit against SUNY-DMC, Alfred Stracher, and others at for violation of Title and the Age Discrim- ination Employment Act (ADEA).163 Specifically, Pemrick claimed that she was not treated the same as similarly situated employees. The defendants disagreed and sought summary judgment. 164 150. See Meachum v. Temple Univ. of Comm. Sys. of Higher Educ., 56 F. Supp 2d 557, 559 (E.D. Pa. 1999). 151. See id. 152. 67 F. Supp. 2d 149 (E.D. N.Y. 1999). 153. See id. at 151. 154. See id. at 152. 155. See id. 156. See id. 157. See id. at 152-60. 158. See id. at 153. 159. See id. at 154. 160. See id. at 156. 161. See id. 162. See id. at 160. 163. See id. 164. See id. at 161. 2000] 358 Among the arguments raised by the defendants in support of their motion for summary judgment was SUNY-DMC's assertion that Pemrick was not employed by SUNY-DMC. 165 Employment relationships are defined by re- ceiving direct or indirect economic compensation for work. Though Pemrick was paid by research grants, she may have been an employee of within the meaning of Title if a trial court finds that the pay was indi- rectly from SUNY-DMC. Thus, the summary judgment motion could not be granted because there is a significant question as to whether Pemrick was a employee.166 Furthermore, the court held that the defendant's motion for summary judgment was inappropriate because Pemrick established a prima facie case of sex discrimination. 167 To establish a prima facie sex discrimination case, Pemrick had to establish that: (1) she belongs to a protected class; (2) she applied for a position; (3) she was qualified for the position for which she applied; and (4) despite her qualifications, the position was given to a mem- ber of an unprotected class under circumstances that gave rise to an inference of discrimination. 168 claimed that Pemrick was not qualified for a position in the Department of Biochemistry and, therefore, could not make out the prima facie case. The court held that there was evidence in the re- cord that could lead a jury to believe that Pemrick was qualified for each position she applied for in the Biochemistry Department.169 Thus, a genuine issue of material fact precluded summary judgment. As for the claim, summary judgment was proper because there was insufficient evidence to show that plaintiff was subjected to age discrimination.170 An African-American doctor, Dr. Jeffery Carter, who was part of a gen- eral surgical residency program at Saint Louis University (SLU) Medical School claimed that he was unlawfully discriminated against because of his race in Carter v. St. Louis University.'7' The surgical residence program lasts five years and residents rotate through different departments, while being supervised and evaluated by medical school faculty and hospital physi- cians. 172 Residents are expected to maintain satisfactory clinical perform- ance, and score at or above the twenty-fifth percentile on standardized in- service examinations administered by the American Board of Surgery exams). 173 During Dr. Carter's first year and second year in the residency program he received mixed clinical evaluations. In his first year, the plaintiff's test score was only in the ninth percentile, but rose to the twenty-ninth per- 165. See id. 166. See id. at 163. 167. See id. at 167. 168. See id. 169. See id. at 166. 170. See id. at 169. 171. 167 F.3d 398 (8th Cir. 1999). 172. See id. at 399. 173. See id. at 399. [Vol. 27, No. 2 centile during his second year. 174 However, in January 1994, after his second year, Dr. Carter was placed on academic probation. 175 Also in January 1994, the plaintiff was observed in two operations with the director of the surgical residency program. Based on this review and other observations by faculty that criticized the plaintiffs understanding of surgical concepts, Dr. Carter was terminated from the program in March 1994.176 Dr. Carter filed a lawsuit under Title VII, 42 U.S.C. \u00a7 1981, and state law, which alleged that violated his civil rights and terminated him on the basis of race. 177 The plaintiff's claims were dismissed, primarily because Dr. Carter could not prove that the non-discriminatory reason for his dismissal was pretextual. The burden-shifting analysis is the framework that must be applied to plaintiff's claim because it is based on circumstantial evidence. First, the plaintiff must demonstrate the prima facie case. If shown, the burden of pro- duction shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. 178 In this case identified Dr. Carter's poor performance as its legitimate, non-discriminatory reason for terminating him from the residency program. 179 Thereafter, the burden then shifts to the plaintiff to show that the proffered reason was a pretext for un- lawful discrimination. This is where plaintiff's claim collapsed. \"We hold that appellant failed to create a genuine issue of material fact as to whether defendants' proffered reasons for terminating him from the surgical resi- dency program were pretexts for racial discrimination.' 180 Thus, the court found that Dr. Carter was dismissed because of poor test scores and performance evaluations, not race. The lower court was affirmed. Sreeram v. Louisiana State University Medical Center-Shreveport'8' also in- volved the dismissal of a medical doctor from a surgical residency program. Suha Sreeram graduated from Emory University School of Medicine in 1989 and then enrolled in a surgical residency program at Louisiana State Univer- sity Medical Center-Shreveport (\"LSUMC-S\") in 1992.182 Not long after en- tering the program, the Residency Review Committee (\"Committee\") evaluated Dr. Sreeram and began to express concerns about her perform- ance. 183 In 1994, the Committee voted to expel Dr. Sreeram but the Commit- tee was overruled by the Chairman of the Department of Surgery. The Committee again recommended Dr. Sreeram's dismissal in 1995, however, and this time Dr. Sreeram was expelled.84 174. See id. 175. See id. at 400. 176. See id. 177. See id. 178. See id. at 401. 179. See id. at 400. 180. Id. 181. 188 F.3d 314 (5th Cir. 1999). 182. See id. at 316. 183. See id. at 317. 184. See id. 20001 360 Dr. Sreeram then filed a lawsuit that alleged, inter alia, discrimination on the basis of gender and national origin in violation of Title of the Civil Rights Act of 1964.185 The district court held that Dr. Sreeram's claim was without merit because she could not carry her evidentiary burden under Title VII. In order to make a prima facie case under Title a plaintiff must be able to establish that at all times that she was qualified for the position at issue. Dr. Sreeram failed to establish she was qualified as a surgical resident. \"Every doctor to evaluate Dr. Sreeram found that her performance as a sur- geon was insufficient to allow her to continue in the program. No evidence of bias was alleged regarding most of these doctors, leaving a chorus of nega- tive evaluations unrebutted by a single positive testimonial.' 1 8 6 Also, Dr. Sreeram argued that remarks made about her race and gender, and statistics showing a higher retention rate for white, male residents were evidence that the reasons for her expulsion were a pretext for discrimination. 8 7 Upon careful examination, the court held that any stray remark directed toward the plaintiff was insufficient discrimination evidence, and the statistical evidence was also unpersuasive because several women and a student of Indian origin ranked high among the students in the residency program.18 8 Hence, the dis- missal was affirmed In Nardi v. Stevens Institute of Technology,'189 Dr. Vittorio Nardi filed a law- suit against the Stevens Institute of Technology (\"Stevens\") for, inter alia, violation of the ADEA. Dr. Nardi worked at Stevens as a research professor in the Physics Department until 1995 when his employment ended after thirty years. 190 His primary work was in plasma research. In 1994, Dr. Nardi was notified that based upon recent strategic planning efforts at Stevens, he would be required to relocate his laboratory to accommodate other research facilities such as a laser optics laboratory.191 Dr. Nardi made several unsuc- cessful attempts to continue his affiliation with Stevens, however, and it soon became clear that Dr. Nardi's research program that was funded by govern- ment grants would no longer have a place at Stevens. Dr. Nardi requested that Stevens cooperate with his search for a successor institution and Stevens agreed.192 In addition, it is interesting to note that subsequent to Dr. Nardi's 185. See id. 186. Id. at 318. 187. See id. at 320. 188. See id. at 321. Based on the decision in Davis v Logic, Inc., 82 F.3d 651 (5th Cir. 1996) the stated stray remarks may be sufficient evidence of discrimination if the com- ments are (1) related to the protected class; (2) proximate in time to the terminations; (3) made by an individual with authority over the employment decision at issue; and (4) re- lated to the employment decision at issue. See Brown, 82 F.3d at 655. 189. 60 F. Supp. 2d 31 (E.D.N.Y. 1999). 190. See id. at 35. 191. See id. at 37-38. 192. See id. at 38. [Vol. 27, No. 2 departure, Stevens continued to operate a research laboratory that con- ducted studies related to Dr. Nardi's general research field. 19 3 Dr. Nardi's age discrimination claim was sufficient to survive a motion for summary judgment because the plaintiff could show that he was within the protected age group, that his job performance was satisfactory, and that he was discharged in a manner that raised an inference of discrimination. 194 Furthermore, there was sufficient evidence for the jury to conclude that Ste- vens replaced Dr. Nardi with two significantly younger professors. While neither one of these professors conducted research in the same specific areas as Dr. Nardi, both were employed in the Physics Department and conducted experimentation in the plasma physics field.' 95 Moreover, the court observed that even four and one-half years after the plaintiff was discharged to make room for the laser optics laboratory, funding for this new lab had not been obtained. 196 Thus, Stevens' motion for summary judgement as to the claim was denied Marks v. New York University97 considered the extent to which a university can revoke a previously tendered settlement offer. The plaintiff, Janet Marks, was employed at NYU's Stern School of Busi- ness from the fall of 1971 until December 1996.198 She served as an Associate Clinical Professor and briefly as an Associate Dean.199 When the deanship position was eliminated in September of 1996, the plaintiff was informed that she would remain on as a full-time faculty member.2\u00b0\u00b0 At that point, she requested a separation package. 20' In October 1996, the university offered the plaintiff severance pay and retirement benefits if the plaintiff would exe- cute a general release, including a release under the ADEA, and gave her twenty-one days (as provided for by the ADEA) to consider the agree- ment.202 In the same month, she sent a revised proposal, which provided, in part, that she would be allowed to work for the university in the future, that her benefits would be extended by three months, and she would be desig- nated as having elected early retirement as opposed to resigning.203 In July of 1996, the plaintiff had begun a job with the Fordham University Business School.2\u00b04 On October 28, upon hearing that Marks was employed at Fordham, the dean at informed Marks that he had revoked the set- 193. See id. 194. See id. at 49. 195. See id at 50. 196. See id. at 51. 197. 61 F. Supp. 2d 81 (S.D.N.Y. 1999). 198. See id. at 84. 199. See id. 200. See id. at 84-85. 201. See id. at 85. 202. See id. 203. See id. 204. See id. 20001 362 [Vol. 27, No. 2 tlement offer and requested that she report for duty at NYU.20 5 Instead, she then signed the October offer, which the Dean rejected. In December of 1996, she formally notified the Vice-Dean at that she was employed at Fordham.20 6 Pursuant to the faculty handbook, which allows a maxi- mum of one day per week for outside employment, she was terminated. She filed suit alleging age and sex discrimination, breach of contract, and unlaw- ful eviction from her university-owned housing.207 The court granted summary judgment on all counts. As to her claim that breached the offered separation agreement that she signed, the court found that she did not present compelling evidence proving the existence of such an agreement. The court rejected her claim that the twenty-one days gave her to respond created an \"option\" contract, and found that al- though had made the separation offer, it was appropriately revoked in a timely manner.20 The court rejected the employment discrimination claims primarily on the basis that properly found her to be in violation of the faculty handbook in view of her job with Fordham, and therefore she could not make out a prima facie case that she was satisfactorily performing her job at NYU. The handbook violation, not discrimination, was found to be the motivating factor in her termination.20 9 MISCONDucr In University of Wyoming v. Gressley,210 the plaintiff, Gene Gressley, was dismissed from his position as professor and Assistant to the President for the American Heritage Center at the University of Wyoming (UW) for in- subordination. Gressley began his tenure at in 1956, and he served as a member of the faculty and in numerous administrative capacities. 211 In 1991, Gressley had a disagreement with the President regarding his job description and responsibilities, which resulted in two letters that instructed the plaintiff to no longer communicate with donors or patrons in the solicita- tion or acquisitions of funds for the American Heritage Center.212 Shortly thereafter, based on the belief that Gressley disobeyed this instruction, the President recommended Gressley's dismissal as a tenured professor of the university. Pursuant to administrative procedures, Gressley was discharged for insubordination to the President. 213 Gressley appealed the administrative de- cision and filed a civil action in federal district court on the grounds of breach of contract, 42 U.S.C. \u00a7 1983 for violation of due process, and for violation of the First Amendment to the United States Constitution. The federal district 205. See id. at 86. 206. See id. 207. See id. 208. See id. at 89-90. 209. See id. 99. 210. 978 P.2d 1146 (Wyo. 1999). 211. See id. at 1149. 212. See id. 213. See id. at 1151 court held that was immune from suit via the Eleventh Amendment to the Constitution of the United States, and dismissed the matter with prejudice.214 The plaintiff then filed an action in state court, but these claims were dismissed based on the preclusive effect of the federal court decision. The state court found that the issues the plaintiff raised were identical to those dismissed by the federal court. Gressley also argued that the federal court lacked jurisdiction over some of his claims; the state court, however, did not find in his favor.215 Gressley, therefore, was properly terminated pursuant to the adminis- trative procedures and barred from challenging the termination in state court because the issue was previously resolved in federal court. In Brogan v. LaSalle University,216 the court endorsed the actions of the university in the context of a plaintiff who responded to charges of discrimi- nation by engaging in a series of \"counter-thrusts\" tantamount to insubordi- nation. The plaintiff eventually was removed from his position as chair of the political science department amidst allegations that he discriminated against a fellow department member. 217 When the plaintiff informed the faculty member that the department voted not to recommend her for tenure, she wrote a letter to the Provost alleging bias in the department.218 This letter triggered an investigation into the plaintiff's treatment of her.219 Instead of cooperating with this investigation, the plaintiff requested docu- ments and expressed statements of concern that the university was not fol- lowing its own procedures. 220 He went on to request that the tenure process regarding the faculty member who had complained of bias be reopened, that the investigation against him be stopped, that the administration not disclose that there were ever any discrimination claims against him, and that he be sent copies of all documents regarding the claims.221 Throughout, the plain- tiff fixed his position that he would not respond to the discrimination allega- tions through any process other than the tenure and promotion or grievance process. In the course of an exchange of several letters, the Provost insisted that the plaintiff would have to cooperate and respond, and eventually the Provost threatened the plaintiff with insubordination charges, advised him of prejudice forming against him because of the delays, and again demanded timely cooperation. The Plaintiff invited the to oversee the process, and even after an representative attended the meeting, the plaintiff once more refused to respond to the discrimination allegations and reiterated his objections to the process the university was following. 222 214. See id at 1152. 215. See id. at 1155. 216. 70 F. Supp. 2d 556 (E.D. Pa. 1999), affd 229 F.3d 1337 (3d Cir. 2000). 217. See id. at 558. 218. See id. 219. See id. 220. See id. at 559. 221. See id. at 560. 222. See id. at 561. 2000] 364 This series of encounters culminated in the Provost informing the plaintiff that the fellow faculty member was granted tenure, and that the plaintiff's failure to respond to the discrimination allegations was an admission of im- propriety. The Provost further warned him not to continue his pattern of conduct in the future, warned him to keep the matter confidential or face discipline, and terminated him from his position as chair.223 Plaintiff re- sponded in writing asserting that the Provost did not have the power to re- move him from the chair position, that he had been improperly \"convicted\" of sex discrimination without evidence, and that the university had not pro- vided him with a reasonable forum to respond to the charges. 224 Plaintiff filed suit under 42 U.S.C. \u00a7 1983, Title VII, and state law, includ- ing claims of sex discrimination, civil rights violations, defamation, negligent and intentional infliction of emotional distress, breach of contract, and inter- ference with contract. The court dismissed all of the plaintiff's claims. The court noted that the university had found that a female tenure candidate was treated differently from the males in the department, a finding independent of the plaintiff's gender. The court held that the record showed no motiva- tion based upon the plaintiff's male sex. The court stated: The record here at most supports an inference that LaSalle has done no more than what Congress itself did in 1964 when it recognized the... reality that women were not equal participants as men in the American workplace. 225 This decision should be of some comfort to academic administrators faced with the difficult, but unfortunately recurring, circumstance of the accused who takes the \"offensive\" in lieu of making appropriate responses to charges of discrimination discrimination claim in the context of an employer reorganization was the subject of Knight v. Georgetown University.226 The plaintiff had been em- ployed as a nurse at Georgetown University hospital from 1965-1994 when she was informed that the blood collection unit in which she was the nursing supervisor was being eliminated. 227 She had been previously told that after the reorganization was complete, the hospital would still provide her with a supervisory job.228 Subsequently, she was advised that she would be laid off after the reorganization, and was offered the possibility of non-supervisory nursing positions.229 She did not apply for any non-supervisory position be- cause she relied upon the hospital's prior promise of a supervisory position, 223. See id. at 562. 224. See id. 225. Id. at 565-66. 226. 725 A.2d 472 (D.C. App. 1999). 227. See id. at 475. 228. See id. at 476. 229. See id. [Vol. 27, No. 2 and she believed that the non-supervisory positions were not commensurate with her salary and experience.230 Plaintiff filed a complaint claiming race discrimination and promissory es- toppel. The university defended the claim on the basis that the Red Cross would provide more efficient blood collection services, and that the univer- sity hospital's blood collection unit was operating at a monetary loss. 231 The university also pointed out that the plaintiff did not reapply for any of the positions that the university had offered to her.232 The trial court entered a judgment in favor of the university on the race discrimination claim, but awarded the plaintiff $90,000 on her promissory estoppel count.233 The District of Columbia Court of Appeals affirmed the trial court judg- ment, ruling on various evidentiary questions and a costs issue.234 The case is an instructive reminder of the importance, in the context of an employer re- organization, to consider possible discrimination claims as one element of any reorganization plan, and to consider disclaiming in writing the authority of any supervisor associated with the reorganization to make oral promises regarding the reorganization. 235 230. See id. 231. See id. 477. 232. See id. 233. See id. 234. See id. at 477-87. 235. For detailed practical advice regarding the numerous legal considerations in plan- ning a college and university reduction in force, see CLOSUREs (Na- tional Association of College and University Attorneys, Corinne Houpt ed., 1991); and Thomas Hustoles, Practical Considerations for Effecting Legally Defensible Reductions in Force (paper presented at multiple National Association of College and University Attor- neys (NACUA) conferences and on file with the national office). 20001 366 [Vol. 27, No. 2", "7394_103.pdf": "From Casetext: Smarter Legal Research Holm v. Ithaca College Appellate Division of the Supreme Court of New York, Third Department Dec 24, 1998 256 A.D.2d 986 (N.Y. App. Div. 1998) Copy Citations Download Check Treatment Take care of legal research in a matter of minutes with CoCounsel, your new legal assistant. Try CoCounsel free December 24, 1998 CARDONA, P.J. Appeal from the Supreme Court (Relihan, Jr., J.). Plaintiff commenced his employment with defendant in 1968 987 as a professor of music, specializing in the cello, and was granted tenure in 1973. In 1978, he was reprimanded for treating students in an abrasive and humiliating manner. In 1986, plaintiff was again reprimanded for his conduct toward students, specifically regarding complaints of sexual harassment in the form of \"sexual innuendo, commentary and sexually oriented questions 987 Sign In Search all cases and statutes... Opinion Summaries Case details 2/22/25, 7:57 Holm v. Ithaca College, 256 A.D.2d 986 \| Casetext Search + Citator 1/4 of students related both to classroom activities and to their personal lives\". He was warned that he would be terminated if such conduct persisted. In May 1992, three female students filed formal complaints against plaintiff alleging, inter alia, that he engaged in sexual harassment through the use of sexual discussion and innuendo in the classroom. Following investigation of the complaints by defendant's affirmative action officer and plaintiff's admission to using certain sexually explicit terminology in the classroom, defendant's Provost determined that plaintiff had created an intimidating environment having an adverse effect on the students which violated its sexual harassment policy. As a result, plaintiff was instructed to take remedial action including the cessation of any further sexually explicit remarks. The Provost further informed plaintiff, by memorandum dated November 13, 1992, that he would be subject to an ongoing assessment, which would include periodic unannounced classroom visits by the Dean of the School of Music in order to monitor his performance, and that failure to comply with the required actions would result in his termination. Plaintiff sought review by the Discrimination Complaint Review Committee which agreed with the Provost's findings. Plaintiff's performance was monitored during the spring 1993 semester. As a result of observations made by the Dean and evaluations received from certain students, plaintiff was informed in May 1993 that his continued use of sexual innuendo and sexual allusion in his class presentations was not in compliance with the remedial plan. Upon the recommendation of the Provost, plaintiff was discharged on August 17, 1993. In April 1995, plaintiff commenced this action alleging various claims, including a cause of action for breach of contract. Following the dismissal of the complaint against the individual officers of defendant, plaintiff served an amended complaint. Defendant made a motion for summary judgment dismissing the amended complaint which was granted by Supreme Court, and plaintiff appeals. Plaintiff challenges only the dismissal of his breach of contract claim. The thrust of that claim is that defendant terminated plaintiff's employment \"without cause or without 988 following the procedural dictates of the 988 2/22/25, 7:57 Holm v. Ithaca College, 256 A.D.2d 986 \| Casetext Search + Citator 2/4 [Faculty] Handbook\". In regard to the latter allegation, plaintiff contends that defendant failed to issue a warning letter and failed to provide him with a \"First Committee\" review of the warning prior to dismissal. We note that, in \"university cases\" involving the employment relationship between the faculty and college administration, the proper vehicle for challenging compliance with procedures set forth in an employee handbook is through a article 78 proceeding ( see, Klinge v. Ithaca Coll., 244 A.D.2d 611, 613). Inasmuch as plaintiff failed to avail himself of this remedy, Supreme Court properly dismissed that part of the breach of contract claim premised upon defendant's alleged failure to follow applicable procedures. Likewise, to the extent plaintiff asserts that defendant breached the contract by discharging him without cause, we conclude that summary judgment was properly granted. The formal complaints lodged against plaintiff contain detailed accounts of sexually oriented statements made by plaintiff toward female students which caused them to be embarrassed, humiliated and intimidated. Among the numerous suggestive comments attributed to plaintiff were statements wherein he told a female student that she \"needed to learn how to make love to her cello\", asked another female student \"have you ever made love back to back?\" and instructed her to \"play this passage like a negligee\", commenting, \"You should wear one some day. The material is so soft and allows you to see the sensual beauty underneath.\" In addition, the Dean observed plaintiff, inter alia, make a statement to a female student that he \"could be sitting on her end pin (implying a phallic symbol) and she wouldn't even know it\" and instructed the class that, \"Tuning is an intimate experience. You are doing it as if all your plumbing is exposed.\" Furthermore, many of the student evaluations received at the end of the semester substantiated plaintiff's continued use of sexually explicit language. Notably, plaintiff himself did not deny many of the statements alleged, but claimed that they were misinterpreted. In our view, defendant, proceeding in good faith, properly found that plaintiff's behavior was inappropriate and, therefore, good cause existed justifying his dismissal. Inasmuch as there exist no question of fact concerning good cause for the discharge, Supreme Court properly dismissed the amended complaint. Mikoll, Crew III, White and Yesawich Jr., JJ., concur. 2/22/25, 7:57 Holm v. Ithaca College, 256 A.D.2d 986 \| Casetext Search + Citator 3/4 Ordered that the order and judgment is affirmed, with costs. 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, 7:57 Holm v. Ithaca College, 256 A.D.2d 986 \| Casetext Search + Citator 4/4"}
8,969	Mark Schlissel	University of Michigan	[ "8969_101.pdf", "8969_102.pdf", "8969_103.pdf", "8969_104.pdf", "8969_105.pdf" ]	{"8969_101.pdf": "by: Rachel Van Gilder Posted: Jan 15, 2022 / 07:07 Updated: Jan 15, 2022 / 11:05 (WOOD) \u2014 Mark Schlissel has been removed from his post as president of the University of Michigan after the Board of Regents found evidence he had an inappropriate relationship with a subordinate president fired after evidence found of affair with subordinate 21 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 1/11 The regents announced the move Saturday evening. They said an anonymous tip came in Dec. 8 alleging that Schlissel and the subordinate were having an affair. \u201cAfter an investigation, we learned that Dr. Schlissel, over a period of years, used his University email account to communicate with that subordinate in a manner inconsistent with the dignity and reputation of the University,\u201d the regents wrote in a statement. The board released copies of the emails and text messages in question, which date back to September 2019, as well as its letter to Schlissel informing him he was being fired, in which it outlined some of the most concerning comments. Those include innuendo, Schlissel referring to the person as \u2018sexy\u2019 and references to emotional distress that seemingly stemmed from the relationship. Other emails the regents released included references to making plans together, an article about sex that Schlissel forwarded to the subordinate and information about gifts he bought the person. \u201cThese emails demonstrate that you were communicating with the subordinate through the University of Michigan email system using an inappropriate tone and inappropriate language,\u201d the regents\u2019 letter to Schlissel reads in part. \u201cThey also demonstrate that you were using official University of Michigan business as a means to pursue and carry out a personal relationship with the subordinate.\u201d \u201cYour conduct as summarized above is particularly egregious considering your knowledge of and involvement in addressing incidents of harassment by University of Michigan personnel, and your declared commitment to work to \u2018free\u2019 the University community of sexual harassment and other inappropriate conduct,\u201d the letter continues. \u201c\u2026There can be no question that you were acutely aware that any inappropriate conduct or communication between you and a subordinate would cause substantial harm to the dignity and reputation of the University of Michigan.\u201d For now, former university President Mary Sue Coleman will step in as interim president. She held the job for 12 years before retiring in 2014, at which point Schlissel replaced her. In a > Next > Cancel \u2715 Next story in > Cancel Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 2/11 statement, Coleman said that while she was \u201csaddened by the circumstances\u201d under which she was being called back, she was \u201chonored\u201d to fill the role. \u201cEach one of us, as members of the Board of Regents, aspire to create an environment where everyone in our community is able to thrive and achieve their best work, and where all feel safe and respected. \u201cWe understand the decisions announced today are unexpected and this kind of abrupt change can be especially difficult. We take our constitutional role as a governing board seriously and we all agree that this decision is in the best interest of the University we care about so deeply.\u201d - JAN. 15, 2022 Word came last autumn that Schlissel was going to step down in 2023, one year earlier than previously expected, so the university was already getting ready to search for a new president. \u201c\u2026That process has now been accelerated,\u201d the board wrote. The board expects to find someone to take over as president on a permanent basis as early as this summer. Copyright 2025 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 3/11 Cult-favorite Yankee Candles are 50% off on Amazon / 20 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 / 21 Hours Ago > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 4/11 Through Bluetooth technology, mobile phones pair with headphones or earbuds, letting you safely talk to your loved ones while keeping your hands free. Best quiet box fan / 21 Hours Ago Finding a quiet box fan can make all the difference in your focus, sleep hygiene and more while you cool off in hot weather. View All BestReviews Breaking News Alerts Enter Your Email > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 5/11 Top Stories Trump moves with light speed and brute force in shaking \u2026 Hamas frees all 6 hostages in the latest exchange offers resolution on war in Ukraine that\u2019s \u2026 Accessories stolen during break-in at Union gun store Syrian suspect in Berlin Holocaust Memorial stabbing > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 6/11 Trump moves with light speed and brute force in shaking \u2026 Hamas frees all 6 hostages in the latest exchange offers resolution on war in Ukraine that\u2019s \u2026 Accessories stolen during break-in at Union gun store Syrian suspect in Berlin Holocaust Memorial stabbing \u2026 New Director Kash Patel plans to move up to 1,500 \u2026 Trump-Putin summit preparations are underway, Russia \u2026 Sepsis a threat in pope\u2019s pneumonia battle as Vatican \u2026 More Stories WOODTV.com Video > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 7/11 More Videos Vet charged with stealing homeless man\u2019s dog Target 8 11 hours ago \u2022 1 killed, 2 seriously hurt in Alpine Twp shooting Kent County 51 mins ago > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 8/11 How to lower your risk of skin cancer Grand Rapids 4 hours ago \u2022 Breezy and dry Saturday, warmer Sunday Forecast 3 hours ago \u2022 Family bringing awareness to DYRK1A syndrome Grand Rapids 2 days ago \u2022 Submit photos, videos and news tips here. Download the free TV8 News app News Here are Amazon\u2019s #1 bestsellers this week Holiday 3 days ago > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 9/11 News Weather Sports Community eightWest About Our Ads Public File Closed Captioning Concerns Report Le Creuset, Stanley and more top Amazon\u2019s \u2018hot\u2019 \u2026 Holiday 4 days ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 5 days ago The best Presidents Day deals on Amazon today Holiday 5 days ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 5 days ago The best Presidents Day deals to shop now Holiday 5 days ago View All BestReviews Picks > Next > Next story in > Next story in 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 10/11 Children\u2019s Report 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 2/22/25, 7:58 president fired after evidence found of affair with subordinate \| WOODTV.com 11/11", "8969_102.pdf": "About Join Contact Advertise Diversity & Inclusion Subscribe Donate Print Editions Saturday February 22nd, 2025 Former Brown Provost Mark Schlissel fired as University of Michigan president for inappropriate relationship Firing followed years of complaints, including unanimous faculty vote of no-confidence Schlissel served as Brown provost from July 2012 to 2014 and served as University of Michigan president for over seven years. The University of Michigan's Board of Regents voted unanimously Jan. 15 to fire its president and former Brown provost Mark Schlissel P\u201915 effective immediately. By Mizuki Kai Senior Staff Writer February 1, 2022 \| 1:12am 2/22/25, 7:58 Former Brown Provost Mark Schlissel fired as University of Michigan president for inappropriate relationship - The Brown Daily Herald 1/3 In a letter to Schlissel, the Regents wrote that the termination comes in response to an anonymous complaint about an alleged sexual affair between Schlissel and an individual who was his subordinate. The complaint alleged that the affair was \u201cinconsistent with promoting the dignity and reputation of the University of Michigan.\u201d The Regents appointed Mary Sue Coleman, former president of the University of Michigan, as interim president. The letter lists five occasions in which Schlissel exchanged inappropriate messages with a subordinate using his University of Michigan email Sept. 1 email was addressed \u201cto the (individual\u2019s) University email and referred to her as \u2018sexier.\u2019\u201d On Dec. 3, Schlissel responded to the individual in an email by writing, \u201cYou can give me a private briefing.\u201d In total, the Board released 118 pages of messages exchanged between Schlissel and the individual from September 2019 to December 2021. Schlissel could not be reached for comment. Schlissel served as Brown\u2019s provost from July 2011 to July 2014. As provost, Schlissel oversaw the strategic planning of Building on Distinction New Plan for Brown, a plan to strengthen academic excellence through increased faculty support and financial aid. Additionally, as chair of the Academic Priorities Committee, the University Resources Committee and the Space Committee at Brown, he worked closely with faculty and students. University spokesperson Brian Clark declined to comment about Schlissel\u2019s firing and referred The Herald to the University of Michigan. Associate Vice President for Public Affairs at the University of Michigan Rick Fitzgerald referred The Herald to a press release announcing Schlissel\u2019s firing and declined to comment further. After he left Brown, Schlissel went on to spend over seven years as University of Michigan\u2019s 14th president. Rebekah Modrak, professor at Michigan\u2019s Stamps School of Art and Design, sponsored a September 2020 unanimous faculty vote of no-confidence against Schlissel before allegations of the inappropriate relationship surfaced. In an email to The Herald, she wrote that faculty had previous concerns with Schlissel, and his termination was \u201clong past due.\u201d The faculty vote of no-confidence came in response to Schlissel\u2019s \u201cpoor management, disdain for faculty expertise and concerns, his appointment of an alleged sexual predator as Provost in 2017 and his failure to acknowledge responsibility for his role in empowering an alleged predator,\u201d Modrak wrote. \u201cHe should have been fired for his role in appointing Martin Philbert to provost, despite numerous warnings \u2014 over a period of at least 13 years \u2014 of Philbert\u2019s sexual misconduct including butt-grabbing, showing nude photos of women to students, inappropriate sexualized comments and advances and manipulating and threatening subordinates,\u201d she wrote. Modrak cited the University of Michigan\u2019s Standard Practice Guide 201.97, which addresses supervisor-employee relationships. It requires faculty to disclose supervisor-employee relationships to prevent abuse of power and coercion and ensure fairness among all employees. Similarly, Brown has a Non-Fraternization Policy that sets rules for supervisor and employee or student relationships. Modrak noted that the Standard Practice Guide was created by Schlissel himself in response to the Philbert investigation in August 2020. The investigation found that former University of Michigan provost Martin Philbert was sexually harrassing female employees and graduate students. In a letter addressed to the University of Michigan Ann-Arbor community from Aug. 3, 2020, Schlissel wrote, \u201cwe will need an environment where it is safe to report free from the fear of retaliation. It is appalling that we have been unable to accomplish this.\u201d 2/22/25, 7:58 Former Brown Provost Mark Schlissel fired as University of Michigan president for inappropriate relationship - The Brown Daily Herald 2/3 In the letter, he wrote that he had missed an anonymous allegation of sexual misconduct against Philbert in 2019, and that if he had seen it, he \u201cwould have reported it immediately to the Office for Institutional Equity for evaluation.\u201d Correction previous version of this article stated that Schlissel began his term as provost of Brown University in July 2012. In fact, Schlissel began his term in July 2011. The Herald regrets the error. About us Contact us Advertising Donate Terms of Service Privacy Policy Masthead Alumni Subscribe to our newsletter Your Email Address Subscribe The Brown Daily Herald, Inc. is a financially independent, nonprofit media organization with more than 250 students working across our journalism, business and web divisions. Powered by Solutions by The State News All Content \u00a9 2025 The Brown Daily Herald, Inc. 2/22/25, 7:58 Former Brown Provost Mark Schlissel fired as University of Michigan president for inappropriate relationship - The Brown Daily Herald 3/3", "8969_103.pdf": "Topics: February 20, 2020 Schlissel apologizes for late physician\u2019s misconduct Statement is in response to case of Robert E. Anderson By Dana Elger Public Affairs Campus News, Regents President Mark Schlissel issued an apology on behalf of the University of Michigan to those harmed by deceased physician Robert E. Anderson, who has been accused of sexual misconduct by at least five former patients dating back to the 1970s. Schlissel\u2019s comments came during his opening remarks of the Feb. 20 Board of Regents meeting where he also urged anyone at the university with information about sexual misconduct at to come forward stating that they would be taken seriously and protected from retaliation, and that accusations would be thoroughly investigated. \u201cAs a physician, scientist, father and university president condemn all sexual misconduct, especially instances that occur under the purview of our public mission. This type of conduct is reprehensible \u2014 and whether it takes place now or took place in the past, it is unacceptable,\u201d Schlissel said. \u201cAll students, faculty and staff at deserve to feel safe and supported. We must remain vigilant in encouraging reporting and supporting those who come forward or who have been affected by sexual misconduct. These are actions we can all take to address the issue and make our community better.\u201d \u201cWe have no greater responsibility than to advance the highest standards of conduct and to uphold the trust of the public and the members of our community who choose to study, work or seek care at the University of Michigan,\u201d he added. Share on Call center: 855-336-5900 Sexual Misconduct website Email: compliancecoordinator @umich.edu Read President Schlissel\u2019s full remarks 2/22/25, 7:58 Schlissel apologizes for late physician\u2019s misconduct \| The University Record 1/4 Earlier in the week, the university issued a public announcement asking any former patients of Anderson who believe they were subjected to sexual misconduct during medical exams to contact a dedicated call center at 855-336-5900. The call center will be staffed Monday-Friday, 7 a.m.-10 p.m. Anderson, who died in 2008, worked at from 1968 until his retirement in 2003 serving in a variety of roles, including director of University Health Service and as an athletic team physician. U-M\u2019s public outreach is part of an independent, outside review being conducted on behalf of the university by lawyers at the firm of Steptoe & Johnson. The review launched in January and will help inform any changes to university policy or procedures. The external review follows the completion of an earlier Police investigation into the decades-old allegations of sexual misconduct by Anderson. In April 2019 turned over the case to the Washtenaw Prosecutor\u2019s office, who said Feb. 18 there would be no criminal charges filed. \u201cThe patient-physician relationship involves a sacred commitment and trust. The allegations are highly disturbing,\u201d Schlissel said. Between Feb. 19 and the morning of Feb. 21, 31 calls were received on the Compliance Hotline specific to Anderson. The president also provided an update on the investigation into alleged sexual misconduct by Provost Martin Philbert, who was put on administrative leave in January pending the completion of an investigation conducted by an external law firm. Schlissel noted while there is limited information to share regarding the ongoing investigation, it is critical that ensure a thorough, fair and independent investigation that provides Philbert with due process. \u201cWhile it is early in the process can assure you that we are not just looking to know what happened \u2014 but what we need to do to improve, and to make our community as safe and free from misconduct as possible for all its members,\u201d Schlissel said. In recent months, the university has implemented several measures to continue to address prevention, education and adjudication of reports of sexual misconduct, including: Mandatory sexual misconduct awareness training for all employees. To date, 97 percent of employees have completed the training dedicated sexual misconduct website with resources for reporting and support that is linked to from the main homepage. Conducting extensive outreach to the community on a draft umbrella policy on sexual and gender-based misconduct that would apply to students, faculty and staff on the Ann 2/22/25, 7:58 Schlissel apologizes for late physician\u2019s misconduct \| The University Record 2/4 Regents appoint five 2025 Arthur F. Thurnau Professors Board approves project to expand battery research Regents Roundup \u2014 February 2025 Applications open for Year of Global Engagement Event Grants Parents weigh in on teens\u2019 non-surgical cosmetic procedures Study examines how to cut wasteful pre-surgery testing Two CoE researchers named 2025 Sloan Research Fellows $10M grant to fund astronomy\u2019s first satellite mission Tags: Arbor, Dearborn and Flint campuses. Creation of a new position of associate vice president for institutional equity responsible for overseeing the operation of the Office for Institutional Equity and for providing leadership and direction in support of diversity, inclusiveness, equal access, equitable treatment and cultural understanding and competency. Note: This article has been amended from earlier versions to update the number of calls made to the Compliance Hotline, and to reflect a new contact number for those reporting alleged misconduct. Robert E. Anderson, sexual misconduct \uf360 \uf360 \uf360 \uf360 2/22/25, 7:58 Schlissel apologizes for late physician\u2019s misconduct \| The University Record 3/4 2/22/25, 7:58 Schlissel apologizes for late physician\u2019s misconduct \| The University Record 4/4", "8969_104.pdf": "University of Michigan board fires President Mark Schlissel Published 7:02 p.m Jan. 15, 2022 Updated 11:19 a.m Jan. 16, 2022 The University of Michigan Board of Regents unanimously voted Saturday to fire President Mark Schlissel after an investigation found inappropriate conduct with an employee, the board said. The news rattled the community, coming after former Provost Martin Philbert left the university amid allegations of sexual misconduct two years ago, said Allen Liu, a associate professor of mechanical engineering. More: Read former President Mark Schlissel's 'inappropriate' emails with an employee \"It's a very sad day for the university especially with what happened with the former provost,\" said Liu, who is chair of UM's executive arm of the university\u2019s central faculty governance system. \"It\u2019s going to take a long time for the campus to heal,\" he said. Former President Mary Sue Coleman will serve as interim president. She most recently was president of the Association of American Universities from 2016-20 and led from 2002 to 2014. The investigation into Schlissel's conduct began after an anonymous complaint on Dec. 8. \"After an investigation, we learned that Dr. Schlissel, over a period of years, used his University email account to communicate with that subordinate in a manner inconsistent with the dignity and reputation of the University,\" according to a statement posted on the board's website. The board said it made the move \"with great disappointment.\" Kim Kozlowski The Detroit News 2/22/25, 7:58 University of Michigan's board fires President Mark Schlissel 1/5 \"We understand the decisions announced today are unexpected and this kind of abrupt change can be especially difficult,\" the statement said. \"We take our constitutional role as a governing board seriously and we all agree that this decision is in the best interest of the University we care about so deeply.\" The board's dismissal ends his tenure immediately The firing also followed complaints about the handling of the Robert Anderson scandal in which the late sports doctor is accused of thousands of incidents of sexual assault and sexual abuse dating back to the 1970s. The university is in mediation with hundreds of the victims, but they have complained about the slow pace of the talks and a lack of cultural change on campus. Schlissel, 64, could not be reached for comment Saturday night. Board of Regents chairman Jordan Acker also could not be reached. It was unclear when the vote was taken. He was named president of in 2014. He arrived from Brown University, where he had served as provost, with his wife, environmental lawyer Monica Schwebs. He signed a five- year deal then, and signed another five-year contract on Dec. 4, 2018, that was set to expire on June 30, 2024. Schlissel, the 14th president of the university, is the second to have been dismissed by the board of regents. More than 150 years ago, regents fired UM's first president, Henry Tappan in 1863 due to\" matters both of policy and personality,\" according to the university's list of presidents. Schlissel had announced last year that he planned to depart as president one year earlier than planned, and he negotiated another contract that experts said was one of the most lucrative university presidential exit contracts they'd seen. He earned a base salary of $927,000 as of September. . In announcing the firing, the board released numerous emails showing an exchange with one person dating back to 2019. Among the emails were articles from the New Yorker magazine that Schlissel sent from his university email account on Sept. 2, 2019, with headlines, \"Sexual Fantasies of Everyday New Yorkers\" and \"Where Your Personalities Go While You're Having Sex.\" Schlissel wrote: \"just for fun.\" 2/22/25, 7:58 University of Michigan's board fires President Mark Schlissel 2/5 The employee, whose name is redacted in all of the emails, responded: \u201cHa!!\u201d Schlissel also wrote on Oct. 10, 2019: \"i can lure you to visit with the promise of a knish?\" The employee responded: \"Laugh.\" The board sent Schlissel a letter telling him his termination with cause. In the letter, the board said: \u25baOn July 1, 2021, you exchanged emails with the subordinate using your University of Michigan email. In this exchange, she states that her \"heart hurts\" to which you respond \"i know. mine too.\" You state that \"this is my fault\" and that you are \"in pain too.\" You finish with still wish were strong enough to find a way.\" \u25baOn Jan. 9, 2021, you responded to an email from the subordinate's official University of Michigan email address. In her email, the subordinate had said \"Oh yes!\" In your response you wrote: \"Love it when you say that.\" You made a similar remark in an email dated April 25, 2020. \u25baOn Sept. 1, 2021, you wrote to the subordinate's official University email address and referred to her as \"sexier.\" \u25baOn Nov. 4, 2021, you emailed the subordinate with regard to a University of Michigan basketball game you were scheduled to attend as part of your official duties as President. In that email you expressed disappointment that you were potentially not sitting with the subordinate, stating \"the only reason agreed to go was to go with you. there is a conspiracy against me.\" \u25baOn Dec. 3, 2021, you responded to the subordinate regarding the Big Ten Championship \"President's Suite briefing Info\" stating that \"You can give me a private briefing.\" \"Your conduct as summarized above is particularly egregious considering your knowledge of and involvement in addressing incidents of harassment by University of Michigan personnel, and your declared commitment to work to 'free' the University community of sexual harassment or other improper conduct,\" the board's letter to Schlissel said. The letter pointed to Schlissel's actions amid the scandal involving Philbert, the university's second-highest ranking official. Schlissel removed Philbert temporarily from his administrative post following anonymous complaints about inappropriate behavior. 2/22/25, 7:58 University of Michigan's board fires President Mark Schlissel 3/5 He also launched an independent investigation and then permanently removed him in March. Philbert, who earned $570,340 annually and worked at for 25 years, relinquished his tenure and retired in June 2020. Five months later, the university reached a $9.25 million settlement with eight women allegedly victimized by the former provost. The action followed a move in mid-July to institute a new sexual misconduct policy that included a ban on supervisors initiating romantic relationships with subordinates and creating a new department to investigate sexual assault and harassment whose director for the first time reports directly to the university president. \"What we are rolling out today is a mixture of policies and structures that are designed to promote a climate where people feel safe and people feel respected and they feel supported so people can do their research, their teaching or accomplish what they are interested in being part of our community,\" Schlissel told The Detroit News at the time. \"It really is to build trust \u2026 We have to be purposeful in building that back up again.\" The board in its letter Saturday to Schlissel said the president's actions undermined what he told the university community. \"On August 3, 2020, you sent an email to the entire University of Michigan community, writing that: 'The highest priority for our regents and leadership team is to make our community safe for all,'\" the board's letter said. \"The regents have been stressing with campus leadership the importance of diminishing sexual harassment and misconduct for many years.\" \"While saddened by the circumstances am honored to be asked to again serve the University of Michigan,\" Coleman said in a statement. \"When left the campus at the end of my presidency in 2014 said serving this great university was the most rewarding experience of my professional life. I\u2019m happy to serve again in this important interim role.\" The action follows an announcement on Oct. 5 that Schlissel would leave the Michigan presidency a year earlier than the end of his contract, in June 2023 new contract Schlissel signed in September could have cost the university as much as $10 million over the next decade and set a new bar for payouts to an outgoing public university president, experts said then. 2/22/25, 7:58 University of Michigan's board fires President Mark Schlissel 4/5 But if Schlissel is fired for cause, the contract says he needs to be out of the campus residence in 30 days or less. The new contract also shows that Schlissel will lose $900,000 in contributions to his pension plan, a paid sabbatical and a role as special adviser to the next president. The contract does not say what he will be paid if he is terminated for cause. But if he hadn\u2019t been fired for cause, he would have returned to the faculty earning no less than half of his base salary, or $463,500. Schlissel remains a tenured faculty member, but it's unclear if he will return to the faculty. He may follow in the lead of Philbert and relinquish his tenure, or the university could start the process to strip him of his tenure, Liu said. \"It\u2019s too early to say,\" Liu said. It\u2019s likely that the university and Schlissel will negotiate a confidential settlement for him to leave the university rather than go through trying to strip him of tenure, a process that could take years and end up in court, said George Mason public policy professor emeritus James Finkelstein. \"They don\u2019t want another public scandal,\" Finkelstein said. \"They would probably like the president to go away as quickly as possible. And they may be willing to pay for that.\" [email protected] 2/22/25, 7:58 University of Michigan's board fires President Mark Schlissel 5/5", "8969_105.pdf": "University of Michigan President Mark Schlissel fired by board after investigation Published 6:30 p.m Jan. 15, 2022 Updated 9:44 p.m Jan. 15, 2022 The University of Michigan Board of Regents has unanimously fired school President Mark Schlissel for cause following an investigation into a relationship with a subordinate, the board announced Saturday evening. In a letter to Schlissel posted on the school website, the board spelled out its concerns and said his conduct was \"particularly egregious considering your knowledge of and involvement in addressing incidents of harassment by University of Michigan personnel, and your declared commitment to work to 'free' the University community of sexual harassment or other improper conduct.\" For example, the letter said, citing a recent scandal involving the university's highest academic officer: \"With regard to the actions of Martin Philbert, on August 3, 2020, you sent an email to the entire University of Michigan community, writing that: 'The highest priority for our regents and leadership team is to make our community safe for all.' \"You also declared to the community that your leadership would 'determine what we need to do to address the fear of retaliation in our community and build a culture that does not accept misconduct or harassment at any level.' Accordingly, there can be no question that you were acutely aware that any inappropriate conduct or communication between you and a subordinate would cause substantial harm to the dignity and reputation of the University of Michigan.\" According to emails posted by the university on its website, Schlissel wrote to the female employee regularly, including in October 2019 when he emailed about receiving a box of David Jesse Detroit Free Press 2/22/25, 7:59 University of Michigan President Mark Schlissel fired by board 1/4 knishes. The woman said in reply that she liked the doughy snack food. Schlissel replied again: Can \"lure you to visit with the promise of a knish?\" Schlissel sent \"dozens\" of inappropriate emails and texts, the regents said, including a link to a New Yorker magazine story entitled \"Sexual fantasies of everyday New Yorkers.\" The decision to fire him was made behind closed doors Saturday morning, without a public vote. The Free Press left messages with Schlissel seeking comment. Former President Mary Sue Coleman will return to campus as the interim president, the board also announced. Coleman was president from 2002 to 2014. During her time at the helm of U-M, she was known for the growth of the campus as buildings were remodeled and new ones were built. \"While saddened by the circumstances am honored to be asked to again serve the University of Michigan,\" Coleman said in a statement. \"When left the campus at the end of my presidency in 2014 said serving this great university was the most rewarding experience of my professional life. I\u2019m happy to serve again in this important interim role.\" The board had hired an outside firm to conduct an independent investigation into Schlissel's actions, including whether he had violated the university's supervisor relationship policy, according to a statement posted on the university's website. The regents said they received an anonymous complaint on Dec. 8 that Schlissel may have been involved in an inappropriate relationship with an employee of the university. The information released Saturday night did not identify the person. \"After an investigation, we learned that Dr. Schlissel, over a period of years, used his university email account to communicate with that subordinate in a manner inconsistent with the dignity and reputation of the University,\" the regents said in their release. In a letter to Schlissel notifying him of the firing, the board revealed those emails, including: \"On July 1, 2021, you exchanged emails with the subordinate using your University of Michigan email. In this exchange, she states that her 'heart hurts' to which you respond 'i know. mine too.' You state that 'this is my fault' and that you are 'in pain too.' You finish with still wish were strong enough to find a way.' \" On January 9, 2021, you responded to an email from the subordinate's official University of Michigan email address. In her email, the subordinate had said 'Oh yes!' In your 2/22/25, 7:59 University of Michigan President Mark Schlissel fired by board 2/4 response you wrote: 'Love it when you say that.' You made a similar remark in an email dated April 25, 2020. On September 1, 2021, you wrote to the subordinate's official University email address and referred to her as 'sexier.' On November 4, 2021, you emailed the subordinate with regard to a University of Michigan basketball game you were scheduled to attend as part of your official duties as President. In that email you expressed disappointment that you were potentially not sitting with the subordinate, stating 'the only reason agreed to go was to go with you. there is a conspiracy against me.' On December 3, 2021, you responded to the subordinate regarding the Big Ten Championship 'President's Suite briefing Info' stating that 'You can give me a private briefing.' \" The relationship policy was put into place in July 2021 following revelations that Philbert, the former provost, had been using his position for years to coerce women who worked for him into sexual relationships. The policy says \"a Supervisor may not, implicitly or explicitly, initiate or attempt to initiate an Intimate Relationship with a Supervisee over whom they exercise supervisory authority.\" The policy also says that relationships can develop in the workplace that aren't because of coercion or abuse of power. In those cases, the policy says, they must be disclosed and a management plan put in place and monitored. Failure to report the relationship \"is a serious offense and cause for discipline, up to and including dismissal from employment.\" More: Tensions between regents, President Mark Schlissel may have reached a boiling point More President Mark Schlissel to step down in 2023 in deal with divided Board of Regents More: Contract: Schlissel to receive full salary for at least 2 years after stepping down in 2023 Schlissel's contract has what is commonly known as a morals clause in it. It says, \"Your conduct and comportment shall at all times be consistent with promoting the dignity, reputation, and academic excellence of the University.\" 2/22/25, 7:59 University of Michigan President Mark Schlissel fired by board 3/4 Like other presidents, Schlissel is a tenured faculty member as well as president. It's unclear whether his tenure will be revoked. His contract says: \"In the event such Cause termination is not also Cause under the University's tenure policies, you shall have your rights as a tenured faculty member.\" His contract says that if he is fired for cause, his contract voids. Schlissel was hired in 2014. In 2018, the board extended his contract for five years. However, in the fall of 2021, Schlissel announced he'd be stepping down as president one year early, in 2023. While he said he was doing so in order to make a smooth transition in leadership, it came amid deep divisions on the board about his performance. The Free Press earlier reported that the board gathered with Schlissel in an outdoor meeting in the president's backyard in the fall of 2020, where multiple regents raised concerns about his handling of the university's response to COVID-19, including a strike by the Graduate Employees' Organization and a walkout by student residence hall staff, along with issues of communication and transparency between Schlissel and the board. Among other things, the board was upset Schlissel didn't meet personally with the student residence hall staff. Some board members also were not happy about Schlissel's handling of the Philbert case. Tensions rose again in the summer of 2021, when news broke that the university's new expansion project in downtown Detroit \u2014 the Detroit Center for Innovation, as originally pitched to the regents \u2014 was dead in the water. The board learned that Schlissel had kept them in the dark for months while he talked with the university's top donor about the troubled project. Schlissel has been praised for his work around access to the university for low-income students. He implemented the Go Blue Guarantee, which covers the entire tuition cost for students whose families make under $65,000 a year. David Jesse was a 2020-21 Spencer Education Reporting Fellow at Columbia University and the 2018 Education Writer Association's best education reporter. Contact David Jesse: 313-222-8851 or [email protected]. Follow him on Twitter: @reporterdavidj. Subscribe to the Detroit Free Press. 2/22/25, 7:59 University of Michigan President Mark Schlissel fired by board 4/4"}
7,253	Christian Ott	California Institute of Technology	[ "7253_101.pdf", "7253_102.pdf", "7253_103.pdf", "7253_104.pdf", "7253_105.pdf", "7253_106.pdf" ]	{"7253_101.pdf": "Caltech Professor Resigns After Student Harassment Findings An internal investigation by the university determined the professor had displayed \u201cdiscriminatory and harassing behavior\u201d towards two female graduate students. Published: August 8, 2017 Author: Amy Rock Caltech students protested in May after learning of discussions to allow the professor back on campus. caltech professor resigns \uf09a \uf099 \uf08c \uf0e0 An astrophysics professor at the California Institute of Technology has resigned following a 2015 investigation into alleged harassment of two female graduate students. Christian Ott was placed on unpaid leave by the university for nine months after the school launched an internal investigation which found the professor displayed \u201cdiscriminatory and harassing behavior\u201d towards the two students, reports BuzzFeed. His suspension was later extended to August 2017. Ott\u2019s Tuesday resignation came during a university committee meeting to decide whether or not Ott could return to campus this fall. Back in May, students protested after discovering that the committee may decide to allow Ott back on campus \uf002 Trending Governor Rejects Plan to Collect Students' Immigration Status Indiana Teen Arrested for Planning School Shooting Teacher Shortages by State Ex-Log \uf002 Follow Us \ue093 \ue09a \ue09d \ue094 \ue0a3 Emerald Media Network Advertise Campus Safety Conference 2/22/25, 7:59 Caltech Professor Resigns After Student Harassment Findings 1/5 Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up The protest was a silent sit-in by a few dozen students in the school\u2019s astronomy department. One student held a sign which read, \u201cTo support a safe working and living environment for all members of the Caltech community. We support you. You are not alone.\u201d The students also sent Caltech President Thomas Rosenbaum a letter, stating in part, \u201cTo continue delaying but not outright banning Ott\u2019s return to campus puts all students at Caltech, but especially female graduate students, in a state of uncertainty and fear for the future.\u201d Fiona Harrison, Caltech\u2019s division chair for Physics, Math, and Astronomy, sent an email to the astronomy department following the protest, saying the school\u2019s top priority is the welfare of the campus community but that the \u201cpotential for rehabilitation\u201d for Ott was present. Prior to Tuesday\u2019s meeting, four faculty members from an independent committee consulted with students, postdocs, faculty, and Ott himself regarding the harassment. The committee determined that Ott had made \u201csignificant progress on the behavioral issues that led to his original discipline,\u201d stating he had gone through \u201crehabilitative training necessary for his return\u201d, hence the decision to potentially allow Ott back on campus. The Harassment Complaints Io Kleiser and Sarah Gossan, the two women who were harassed by Ott, say they were disappointed in the school for taking a rehabilitative approach instead of firing him. Kleiser had been a graduate assistant to Ott when he unexpectedly fired her. When she asked Ott the reasoning for her firing, he stated that he \u201ccouldn\u2019t emotionally deal with her anymore\u201d. Following the firing, Ott confided in Gossan and confessed that he was in love with Kleiser. \u201cThe reason he had fired her was because he was concerned she was using her sexual influence over him to not do any work,\u201d says Gossan of conversations she had with Ott. The contact between Ott and Gossan lasted for a year and a half in which he continued to speak about his struggles with his feelings for Kleiser. Gossan says her relationship with Ott was harming her work and emotional well-being, saying that he would often degrade her intelligence. It wasn\u2019t until Gossan went to the Title office with her harassment complaint that Kleiser had learned about Ott\u2019s confessions. Kleiser added her name to the official complaint from Gossan after being presented with evidence of Ott\u2019s feelings towards her, such as 86 poems he had posted on his Tumblr page about her. Kleiser left the university in January and is finishing her graduate research at the University of California, 2/22/25, 7:59 Caltech Professor Resigns After Student Harassment Findings 2/5 Berkeley, but will still receive her doctorate degree from Caltech. Gossan is continuing to study at Caltech. Posted in: News Tagged with: Harassment, Investigations, Sexual Harassment, Student Safety, Title Related Posts Illinois Governor Proposes School Cell Phone Ban 2 Teens Arrested for Planning Mass Casualty Attack on Houston High School 2/22/25, 7:59 Caltech Professor Resigns After Student Harassment Findings 3/5 Gainesville Mother Says Daughter Took Own Life After Being Bullied Over Family\u2019s Immigration Status The U.S. Will Soon Have a Hospital Bed Shortage, Study Finds General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Get the latest industry news and research delivered directly to your inbox each week! Email* By clicking Sign Up above, you agree to the Emerald Privacy Policy and Terms of Use. Sign Up 2/22/25, 7:59 Caltech Professor Resigns After Student Harassment Findings 4/5 \u00a9 2025 Emerald X, LLC. All Rights Reserved Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 Social: \ue093 \ue09a \ue09d \ue094 \ue0a3 Facilities Management University Security Awards Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us Contact Us Emerald Expositions 31910 Del Obispo, Suite 200 San Juan Capistrano 92675 Phone: 800-440-2139 Customer Service: 774-505-8058 \ue093 \ue09a \ue09d \ue094 \ue0a3 General News Insights Resources Awards Podcasts Sponsored Press Releases Topics View All Posts \u00bb Active Assailant Clery / Title Emergency Management Hospital Security Mental Health Public Safety School Safety Security Technology Facilities Management University Security Resources Campus Safety Awards Director of the Year Awards About Us About Us Editorial Team Advertise with Us 2/22/25, 7:59 Caltech Professor Resigns After Student Harassment Findings 5/5", "7253_102.pdf": "News Published: 12 January 2016 Astronomy roiled again by sexual-harassment allegations Alexandra Witze Nature (2016) 3247 Accesses 1 Citations 179 Altmetric Metrics Caltech has suspended a faculty member for violating its policy against harassment. Concerns over sexual harassment in astronomy are once again in the spotlight, with new reports of harassment investigations at two universities. The California Institute of Technology (Caltech) in Pasadena has temporarily suspended a faculty member, without pay, after determining that he had committed gender-based harassment against two graduate students. Science reported on 12 January that the faculty member is theoretical astrophysicist Christian Ott, which Nature can also confirm. nature news article Download This article has been updated 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 1/8 When asked whether he was the faculty member in question, Ott told Nature that he could not comment. \u201cI\u2019ve been instructed not to speak with journalists,\u201d he said. Caltech officials, citing privacy issues, told Nature several times that they could not confirm or deny any information about the faculty member\u2019s identity. And on 12 January Congresswoman Jackie Speier, a Democrat who represents a district in northern California, read a statement on the floor of the House of Representatives revealing the results of a 2004 harassment investigation at the University of Arizona. The case involved an astronomy educator who has since moved to the University of Wyoming. Speier announced that she would introduce legislation aimed at requiring universities to inform other universities of the outcome of a disciplinary proceeding. \u201cIt's time to stop pretending sexual harassment in science happened a long time ago in a galaxy far, far away,\u201d she said. The new revelations confirm that harassment is a widespread problem in science with only some of the instances now coming to light, says Joan Schmelz, an astronomer at Arecibo Observatory in Puerto Rico and longtime advocate for women in astronomy. \u201cYou can't just sweep this stuff under the rug, declare it confidential and hope that no one ever knows about it,\" she says. Details emerge on two cases 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 2/8 The Caltech case went public on 4 January, when university president Thomas Rosenbaum and provost Edward Stolper sent a campus-wide message saying that the institute followed formal procedures to investigate harassment complaints involving two graduate students. \u201cThe faculty committee concluded, and the provost concurred, that there was unambiguous gender-based harassment of both graduate students by the faculty member,\u201d Rosenbaum and Stolper wrote. The suspension of the faculty member \u2014 which includes a ban on accepting any new students \u2014 will extend through the nine months of the 2015\u201316 academic year, and the faculty member is also barred from campus. Contact between the faculty member and his research group is being monitored. He must undergo professional training in mentoring students before being allowed to return. The faculty member appealed the actions, Rosenbaum and Stolper wrote, but the appeal was denied. Caltech officials say that all of the graduate students who worked for the suspended faculty member remain at the institution, and are progressing in their original degree programmes. BuzzFeed News reported on 13 January that one of the graduate students who filed a complaint against Ott is finishing her research at the University of California, Berkeley \u2014 but her degree will ultimately come from Caltech. Ott's research topics include determining how massive stars explode in supernovae. He is part of the Laser Interferometer Gravitational-Wave Observatory (LIGO) that is hunting for these elusive waves, which were predicted by Albert Einstein. Ott\u2019s current National Science Foundation awards total more than US$850,000, and his publications include a Nature paper from November on magnetic structures in rapidly rotating supernovae .1 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 3/8 Harrassment training Meanwhile, Speier's remarks on the House floor focused on another set of allegations, which involved Timothy Slater, an astronomy educator formerly of the University of Arizona. The university opened an investigation in 2004 into reports of \u201csexually charged conduct\u201d linked to Slater, including allegations of sexual jokes and visits to strip clubs. The report concluded that he had violated campus policies on sexual harassment. Slater moved to the University of Wyoming in 2008 statement on his research group's website said that he underwent management and harassment training at Arizona, and that training had been effective. \u201cDr. Slater has made no attempt to hide his role in, or the lessons learned from these events occurring more than a decade ago,\u201d said the statement, which is signed by Stephanie Slater, who is Timothy Slater's wife and director of the research group. In an e-mail to Nature, Timothy Slater said that he had nothing to add to the statement and that no further allegations of sexual harassment had been brought against him since the Arizona investigation ended. Stephanie Slater said that Speier's posting of the Arizona report had made witnesses, who are anonymized in the document, more easily identifiable. \u201cIf people think their statements are going to end up in the Congressional record, they're not going to give them,\u201d she said. Speier said that she was speaking publicly about the case because \u201cthese actions are symptoms of a larger problem, of how to effectively deal with sexual harassment in academia.\u201d 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 4/8 Community response Concerns about sexual harassment in astronomy came to the fore in October, when the news broke that an investigation at Berkeley determined that exoplanet hunter Geoffrey Marcy had violated campus harassment policies. The university told Marcy to \u201cabide by clear expectations concerning his future interactions with students\u201d or face harsher terms including suspension or dismissal. He announced his retirement within days of the information becoming public. At the American Astronomical Society meeting in Kissimmee, Florida, in early January, large posters in the registration area displayed the society\u2019s anti-harassment policy. At a town hall meeting during the conference, many astronomers \u2014 ranging from students to university faculty members to high-school teachers \u2014 testified that harassment was a major and long-running problem that hampered professional interactions and many young researchers\u2019 careers. \u201cThere is a problem in our field and we all know it\u2019s there,\u201d said David Silva, director of the National Optical Astronomy Observatory in Tucson, Arizona. Meg Urry, the society\u2019s president and an astronomer at Yale University in New Haven, Connecticut, said that while harassment is not unique to astronomy, the Marcy revelations have brought the problem to wider public consciousness. \u201cFor some of us, over the past six months or so, the most distressing thing has been the readiness of people with power in our profession to try to protect their colleagues who are great scientists,\u201d she added. 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 5/8 Universities and institutions have begun campus discussions about harassment. Caltech will hold a colloquium for graduate students and faculty on 11 February, an initiative begun by graduate students. Change history 13 January 2016 Added details on the Ott case reported by BuzzFeed News. References 1 M\u00f6sta, P. et al. Nature 528, 376-379 (2015). Additional information Tweet Follow @NatureNews Related links 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 6/8 Related links in Nature Research Science and gender: Scientists must work harder on equality 2015-Dec-21 Berkeley releases report on astronomer sexual-harassment case 2015-Dec-19 365 days: Nature\u2019s 10 2015-Dec-17 Scientific groups revisit sexual-harassment policies 2015-Nov-16 astronomers rally to end sexual harassment 2015-Oct-21 Related external links Caltech statement Theoretical AstroPhysics Including Relativity and Cosmology (TAPIR) group at Caltech Rights and permissions Reprints and permissions About this article Cite this article Witze, A. Astronomy roiled again by sexual-harassment allegations. Nature (2016). Published 12 January 2016 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 7/8 Share this article Anyone you share the following link with will be able to read this content: Get shareable link Provided by the Springer Nature SharedIt content-sharing initiative Subjects Astronomy and astrophysics \u2022 Lab life \u2022 Society Nature (Nature 1476-4687 (online 0028-0836 (print) 2/22/25, 7:59 Astronomy roiled again by sexual-harassment allegations \| Nature 8/8", "7253_103.pdf": "Christian Ott not sexually harass students \u2013 Christian Ott, an astrophysics professor from the California Institute of Technology, has recently resigned after allegations of sexual harassment. Two students accused Ott of falling in love with them and then terminating in retaliation when they did not have the same feelings. Ott turned in his letter of resignation while the Caltech was investigating the charges against him. Io Kleiser and Sarah Gossan were two female Post Doctorate students that worked under Ott. During their investigation, the University reviewed thousands of pages of correspondence between Ott and the two complainants. The correspondence revealed that Ott had difficulty with romantic feelings for his students and forging appropriate professional relationships with the people he advised. Io began at Caltech in 2012 to work with Ott studying the supernovae. At the time, Io was taking a full class load and worked with Ott, using his supercomputer to model the mysterious explosions. This took a toll on Io. During this period, Io stated she just wanted to keep her head above water. While working together, Ott began messaging her late at night, some messages seemed innocuous, recommending that she read Charles Bukowski or Leonard Cohen. Other messages, however, seemed a bit confusing as he would admonish her for her work ethic and question her Christian [Ought] not sexually harass students Derek Smith Law Group \u00bb Christian [Ought] not sexually harass students 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 1/7 motivations to begin physicists. Io was concerned that Ott was very demanding of her time and Io was also concerned about the emotional roller coaster Ott put her through. Eventually, while at a coffee shop just off campus, Ott told Io that he no longer went to work with her, terminating her position on his team. Five days after Ott terminated Io from her position, Ott sent Io a message detailing how he failed her and he wished he wasn\u2019t in a position of power. During this time, Ott chatted online with Sarah Gossan and confided in her about his situation with Io. In on exchange, Ott asked Gossan to switch to her skype because he didn\u2019t want to type out his damning confession few minutes later, while on Skype, Ott confessed to Gossan that he had fired Io because he was concerned that Io was using her sexual influence over him to not do any work. Over the course of the next year, Ott continued to message Gossan online. Sometimes late at night, sometimes drunk. He would often talk about not being able to let go of her feelings for Io, whom he repeatedly reached out to by chat and email which can be defined as stalking. After Gossan\u2019s third year working with Ott, his demands of her increased. When Gossan told Ott that she wouldn\u2019t be able to work 80 hours a week, Ott told her that she would never make it in academia. Gossan stated came to Caltech to do science. [Ott] slowly but surely made me feel worthless.\u201d Eventually, after a dispute in which Ott told Gossan that she had \u201cnot published anything substantial\u201d enough to speak at a conference commemorating Einstein, Gossan quit Ott\u2019s team. Gossan eventually filed a Title complaint for sexual harassment against Ott. Ott\u2019s sexual harassment scandal is just one in a string of similar scandals plaguing American Universities, exposing the long history of sexual harassment that Academia so desperately wished to keep hidden. 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 2/7 Professors find themselves in a unique position, half mentor, half supervisor, half coworker. Academia seems to be a hotbed for sexual harassment. Ott\u2019s ordeal comes on the heels of similar allegations filed against two University of Berkley. Philosopher John Searle was recently resigned after being accused of regularly sexually harassing his students. Additionally, Dr. Geoffry Marcy resigned after two students accused him of sexual harassment and making inappropriate comments to his students. The experienced New York City sexual harassment attorneys at the Derek Smith Law Group, PLLC, have years of experience bringing claims of sexual harassment on behalf of our clients. Together with our Philadelphia sexual harassment attorneys, our firm has garnered six- figure settlements on behalf of our clients. If you feel you have been sexually harassed at work, please give us a call, toll-free at 800-807- 2209, for your free consultation. Posted on August 4, 2017 Categories Employment Discrimination, Employment Laws, Gender Discrimination, Hostile Works Environment, New Jersey Lawyer, New York City Lawyer, Sexual Harassment Tags astrophysics, California Institute of Technology, Caltech Sexual Harassment, Charles Bukowski, Christian Ott, Einstein, Io Kleiser, John Searle, Leonard Cohen, PASADENA, Philosopher, Sarah Gossan, sexual harassment Law, skype, Title IX, University of Berkley Related Blogs Sexual Harassment Allegations rise after a Hospital retreats without Reason Cinefamily redefines \u201ccinephile\u201d amidst sexual harassment claims 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 3/7 New York Employment Discrimination Lawyer Derek Smith Wins $4M Jury Verdict Against New York Presbyterian Hospital in Disability Discrimination lawsuit Share this Content Recent Posts Understanding Defamation: Types, Laws, and Legal Remedies Understanding Your Workplace Rights as a Pregnant Employee Understanding the Gender-Motivated Violence Protection Act and what is means for victims Honoring Lilly Ledbetter: Fighting for Wage Equality and Employee Rights Sean \u201cDiddy\u201d Combs\u2019 Charges Highlight Workplace Harassment: What This Means for Victims of Workplace Misconduct Categories Child Sexual Abuse compensation discrimination Disability Discrimination Discrimination Law employment contract Employment Discrimination Employment Law Employment Laws 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 4/7 Family and Medical Leave Act Gender Discrimination Hostile Works Environment New Jersey Lawyer New York City Lawyer Philadelphia lawyer Pregnancy Discrimination pregnancy law Race Discrimination Rape & Sexual Assault Reasonable Accommodation Sexual Abuse Sexual Assault Sexual Harassment Sexual Orientation Discrimination Uncategorized Wage & Hour Law Wage & Hour Violations wage and hour violation Wage Discrimination Wrongful Termination 1. We Get Results 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 5/7 2. We are Available For You 24/7 3. No Fees Unless You Win 4. Client-Focused Representation 5. Result-Driven Advocacy Full Name Email Address Telephone Number Preferred Office Message Send Information Our Practice Areas and Locations We Serve Our Office Locations New York Office One Pennsylvania Plaza, Suite 4905 New York 10119 Tel: (212) 587-0760 New Jersey Office 73 Forest Lake Drive Hewitt New Jersey 07421 Tel: (973) 388-8625 Philadelphia Office 1628 Pine Street, Philadelphia 191 Tel: (215) 391-4790 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 6/7 As seen On Follow us: Your email address \u00a9 2025. All Rights Reserved. \| Site Map \| Terms & Conditions \| Design & Developed by Web Search Engineering 2/22/25, 7:59 Christian [Ought] not sexually harass students - Sexual Harassment Attorney New York City \| Philadelphia \| Miami \| Los Angeles \| S\u2026 7/7", "7253_104.pdf": "\u00ab Is Ireland about to join Day 2022 \u00bb Enjoy this site? Gift the author a WordPress.com plan. Gift b l o g a b o u t t h e n i v e r s e , a n d a l l t h a t s u r r o u n d s i t The Verdict in the Ott Case Just time for a very quick post regarding the court case mentioned last week initiated by Christian Ott. You will recall that Christian Ott resigned from a position at Caltech in 2016 after being found guilty of gender-based harassment against two graduate students wrote about this case and some of the issues it raised here. Little information about the case was divulged publicly by Caltech at the time. After leaving Caltech, Ott was offered a position at the University of Turku in Finland but that offer was rescinded after protests about this apparent case of \u201cpassing the harasser\u201d. Syksy R\u00e4s\u00e4nen and Till Sawala initiated an open letter that was signed by a large number of academics calling for Ott\u2019s appointment to be cancelled. Syksy blogged about the case here (in Finnish; scroll down to see the English translation). Ott now works as a software consultant. Not being at all knowledgeable about Finnish law wasn\u2019t sure of the legal basis on which Ott\u2019s case was being pursued but it seemed to involve an accusation of \u201caggravated defamation\u201d; the second charge was \u201caggravated dissemination of information that violates privacy\u201d. Anyway, the relevant court issued its judgment today. The charges against R\u00e4s\u00e4nen and Sawala were dismissed am delighted and relieved by this news. The only coverage have seen so far is in Finnish \u2013 see here for example \u2013 but I\u2019ll update with more when it becomes available. Here is the text of a press release from Syksy R\u00e4s\u00e4nen and Till Sawala about the verdict. Two astrophysicists win defamation trial after calling out harassment 2/22/25, 8:00 The Verdict in the Ott Case \| In the Dark 1/5 Two astrophysicists at the University of Helsinki, Finland, were today acquitted of \u201caggravated defamation\u201d and \u201caggravated dissemination of information that violates privacy\u201d in the district court of Southwest Finland in Turku [1]. They had spoken out when Christian Ott, an astrophysicist previously suspended due to harassment, was hired at the University of Turku. The prosecutor had demanded suspended prison sentences or substantial fines, while Ott demanded \u20ac60,000 am relieved that our right to speak out was affirmed today, but remain concerned how people in positions of power downplayed harassment in this case. The issue is harassment, not the fact that people are finally talking about it\u201d, says Till Sawala, one of the defendants. \u201cToo much attention has been paid to protecting the reputation of institutions or the perpetrators of harassment. Our attention should be on the rights of the victims and on creating a community where everyone can feel safe welcome the acquittal after over three years of process hope this case will set a precedent\u201d, comments Syksy R\u00e4s\u00e4nen, the other defendant. \u201cNo one should have to fear fines or a prison sentence for simply speaking out against harassment based on widely and reliably reported facts. The threat alone can have a chilling effect that can set back work against harassment. We had the financial resources, and support from our scientific community, to contest the baseless charges against us. If someone in a less secure position, such as a PhD student, were to be put in this situation, they might not fare so well.\u201d In 2015, an investigation at the California Institute of Technology (Caltech) had found that Ott had committed \u201cunambiguous gender- based harassment\u201d of two graduate students. The case received international media attention [2, 3, 4, 5, 6]. Ott had been placed on unpaid leave for nine months and his suspension was extended after he breached its terms. During the Turku trial, it was revealed that Ott received his full salary of over $200,000 from Caltech in 2017. Following Ott\u2019s resignation at the end of 2017, in January 2018, it emerged that Ott was due to be hired at the University of Turku [7]. Just prior to this, Ott had been offered a job at the University of Stockholm, but the offer was withdrawn after staff protests. Alexandra Veledina, who had recruited Ott to Stockholm, also works in the group of Juri Poutanen, the director of the observatory in Turku. R\u00e4s\u00e4nen and Sawala wrote a letter to the University of Turku leadership expressing their concern over the appointment. R\u00e4s\u00e4nen and Sawala also published a statement against harassment in astronomy, which was signed by the majority of Finnish astronomers [8]. Referring to the response of the scientific community, the University of Turku cancelled the appointment [9]. Juri Poutanen acted as a witness for the prosecution in the trial. In emails shown in court, he had told R\u00e4s\u00e4nen: \u201cIn my view there is no evidence\u201d that Ott harassed anyone. When presented with Caltech\u2019s findings in 2/22/25, 8:00 The Verdict in the Ott Case \| In the Dark 2/5 court, he responded that \u201dit really makes no difference what happened at Caltech\u201c. Poutanen also commented that only one of his staff had expressed concerns to him. Documents and testimony in court showed that several other astronomers at the University of Turku had reported their concerns to the rector, the university leadership, and to their trade union. The staff member who had spoken to Poutanen became the subject of a police investigation after Ott filed a criminal complaint, alleging they spoke to the press about the matter. They were ultimately not charged. The prosecutor claimed that Sawala and R\u00e4s\u00e4nen\u2019s statements about Ott\u2019s conduct violated privacy, in part because Caltech is a private institution. The prosecutor also alleged that the defendants\u2019 writings were defamatory, arguing that being guilty of harassment implies being guilty of a crime, of which Ott has never been charged. The prosecutor also argued that because Ott\u2019s actions had not involved physical contact, they did not constitute sexual harassment. Ott\u2019s lawyers claimed that the defendants had repeated false claims from a \u201cgossip website\u201d. R\u00e4s\u00e4nen and Sawala argued that they were speaking about a matter of professional concern in their own scientific field, a protected category of speech under Finnish defamation law [10]. They also argued that the facts of the case were widely known and reported by many credible sources, including Caltech\u2019s own public statements and the world\u2019s premier scientific journals. The court concluded that R\u00e4s\u00e4nen and Sawala had spoken about a matter of public interest, based their statements on credible sources, and had at least not knowingly disseminated information they didn\u2019t have good reason to consider true. As such, the violation of privacy and defamation charges were both dismissed. As grounds for the financial compensation, Ott had stated that the sum of \u20ac50,000 was a \u201ctoken\u201d, intended \u201cto hurt, but not bankrupt the respondents\u201d. He asked for a further \u20ac10,000 in damages. Both claims were dismissed along with the criminal charges. Ott also appeared to dispute the findings of Caltech\u2019s investigation, calling it a \u201ckangaroo court\u201d. According to Ott, the investigation started after \u201can activist got involved and urged the student to file a complaint\u201d. Caltech has stood by its process and findings 2019 investigation by and the National Science Foundation found that Caltech followed the appropriate procedures in its Title investigation [11]. Links Blog entries on the case by Syksy R\u00e4s\u00e4nen we-too-round-3/ again/ 2/22/25, 8:00 The Verdict in the Ott Case \| In the Dark 3/5 Sources referenced in the text [1] Verdict (in Finnish): content/uploads/2022/11/tuomio-r-22-619.pdf [2] [3] [4] harassment [5] harassment-investigation [6] science/wp/2016/01/13/astronomys-snowballing-sexual-harassment- scandal-picks-up-even-more-cases/ [7] university-of-turku [8] and-astrophysicists-on-harassment/ [9] employment-contract-of-christian-ott [10] [11] Follow @telescoper This entry was posted on November 17, 2022 at 5:18 pm and is filed under Harassment Bullying etc with tags Christian Ott, Gender based Harassment, Syksy R\u00e4s\u00e4nen, Till Sawala. You can follow any responses to this entry through the 2.0 feed. You can leave a response, or trackback from your own site. 4 Responses to \u201cThe Verdict in the Ott Case\u201d Anton Garrett Says: November 17, 2022 at 9:30 pm Please would you remind us where [if?], in any of these references, or anywhere else in the public domain, is it stated what Ott was alleged to have done or said that constituted harassment? Reply telescoper Says: November 17, 2022 at 9:53 pm No details were disclosed publicly by Caltech but ref. 5 reveals some of what went on. Reply 2/22/25, 8:00 The Verdict in the Ott Case \| In the Dark 4/5 davecl Says: November 18, 2022 at 9:50 am In light of his role in this case and his statements made in court it seems to me (a) completely understandable that nobody would take their concerns about Ott to the observatory director and (b) that the observatory director needs to consider their position as a matter of urgency. Reply Wyn Evans Says: November 18, 2022 at 5:23 pm Were Syksy\u2019s and Till\u2019s costs ordered to be paid by Ott? Even if they are not out of pocket, it consumes a lot of time and energy to defend yourself against a court action like this (especially if facing criminal rather than civil charges). So, massive respect to Syksy and Till. They are heroes. Till\u2019s comment: \u201cToo much attention has been paid to protecting the reputation of institutions or the perpetrators of harassment. Our attention should be on the rights of the victims and on creating a community where everyone can feel safe.\u201d is just 100 per cent on the money. All the effort goes into protecting the harasser and the University. The victims are usually powerless. They are ignored, or dismissed or eaten up. Most just give up without a fight. Reply Leave a comment Blog at WordPress.com. 2/22/25, 8:00 The Verdict in the Ott Case \| In the Dark 5/5", "7253_105.pdf": "\ue908 \ue908 \ue908 Finnish astronomers acquitted in defamation case related to protesting harassment Former Caltech astrophysicist Christian Ott had argued that protests cost him a postdoc position 17 2022 \u2022 4:55 Astronomers Till Sawala (left) and Syksy R\u00e4s\u00e4nen were acquitted of criminal defamation YRJ\u00d6NEN Speaking out against harassment is in the public interest and should be encouraged rather than punished, a Finnish court declared today. That message was part of a ruling dismissing criminal charges against two astronomers who had protested the hiring of a U.S. scientist found to have committed gender-based harassment in a previous academic job hope this case will set a precedent,\u201d says Syksy R\u00e4s\u00e4nen of the University of Helsinki, one of the two defendants. R\u00e4s\u00e4nen and Till Sawala, also at the University of Helsinki, were part of a campaign aimed at overturning the University of Turku\u2019s decision nearly 5 years ago to hire astrophysicist Christian Ott as a postdoc. Prior to that, Ott had been a faculty member at the California Institute of Technology (Caltech) when the university concluded in 2015 he had harassed two graduate students. The case received widespread media coverage 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 1/6 The latest news, commentary, and research, free to your inbox daily Ott resigned from Caltech in August 2017 and in January 2018 signed a 2-year contract to work at Turku\u2019s Tuorla Observatory. News of his appointment triggered widespread protests in Finland and beyond, including a letter to senior Turku administrators organized by R\u00e4s\u00e4nen and Sawala urging that he not be hired week later Turku canceled the agreement. Ott then sued Turku for breach of contract and eventually received more than $150,000 in damages from Turku and the University of Stockholm, which in December 2017 had agreed to hire him as a postdoc before withdrawing the offer. In October 2018, Ott filed a criminal complaint in Finland against R\u00e4s\u00e4nen and Sawala, which led to a police investigation. Last year, state prosecutors charged R\u00e4s\u00e4nen and Sawala with \u201caggravated defamation\u201d and \u201caggravated dissemination of information that violates [Ott\u2019s] privacy.\u201d Today\u2019s ruling followed a 4-day trial last summer in Turku district court. The 25-page ruling essentially upholds what the scientists did in trying to block the hiring. The defendants managed to \u201csystemically bring information concerning harassment and discrimination \u2026 to the attention of a large number of people,\u201d the judges wrote (as translated by the lawyer for one of the defendants). \u201cThis is not prohibited, let alone a criminal offence. On the contrary, this can be considered a matter of such public interest [that] you must be able to openly discuss.\u201d R\u00e4s\u00e4nen and Sawala say they are \u201crelieved\u201d by the acquittal and believe the judges are sending a broader message to the scientific community. \u201cNo one should have to fear fines or a prison sentence for simply speaking out against harassment based on widely and reliably reported facts,\u201d R\u00e4s\u00e4nen says. \u201cIt has been a very long and draining process,\u201d Sawala adds. \u201cGoing forward, what we really need to focus on is the impact of harassment, and how to prevent it, not on the rights and privileges of someone who has harassed students.\u201d Ott declined to comment, saying he first needed to \u201creview and analyze\u201d the judge\u2019s decision once an English version was available. In their ruling, the two district judges said R\u00e4s\u00e4nen had improperly used the word \u201csexual harassment\u201d in three social media posts describing Caltech\u2019s finding against Ott. But that error didn\u2019t constitute defamation, they said, because there was no malicious intent and because R\u00e4s\u00e4nen stopped using the phrase\u2014which was included in several news stories\u2014once he learned it was incorrect. \u201cThere were strong reasons to consider [those reports] to be true and to trust the news in question,\u201d the judges ruled. As a result, the judges noted, \u201cthe defendants have not intentionally presented any false information or innuendo\u201d about Ott. In dismissing the charges, the judges also rejected Ott's demand that the defendants pay him compensation for his alleged loss of income and the alleged suffering stemming from the negative publicity. Ott's request to have all writings by the defendants on the matter removed was likewise dismissed. The acquittal also means the state will pay the defendants\u2019 legal fees doi: 10.1126/science.adf8758 Jeffrey Mervis \ue95a Author Jeff Mervis tries to explain how government works to readers of Science \ue908 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 2/6 More job cuts coming? Agency\u2019s scientists already reeling after week of firings 21 2025 U.S. early-career researchers struggling amid chaos 21 2025 Modest telescope with big plans, SPHEREx will probe cosmic \u2018inflation\u2019 after Big Bang 21 2025 Got a tip for Science's news department? CONNECT\ue908 Sign up for ScienceAdviser Get Science\u2019s award-winning newsletter with the latest news, commentary, and research, free to your inbox daily More job cuts coming? Agency\u2019s scientists already reeling after week of firings 21 2025 U.S. early-career researchers struggling amid chaos 21 2025 Judge says ban on cut to overhead payments stands\u2014for the moment 21 2025 Trump Tracker: Firings, lawsuits, and U.S. science in chaos 21 2025 \ue908 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 3/6 Popular weight loss drug could stifle alcohol abuse 13 2025 Science explains why you feel better in the morning 7 2025 Scientists uncover mechanism behind \u2018vicious itch-scratch cycle\u2019 31 2025 Asteroid may collide with Earth in 7 years, though impact risk low 30 2025 Astronomers await verdict in defamation case after protesting hire of accused harasser 8 2022 Rochester roiled by fallout from sexual harassment case 2018 In defamation case, PubPeer moves to quash subpoena to unmask anonymous commenters 11 2014 Peruvian scientist accused of sexual harassment wins defamation judgment 27 2022 P\u00c9REZ 12 2024 Bright breakthroughs: Real stories of beating rare disease \ue914 \ue91d \ue990 \ue91f \ue91b \udb44\udc06 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 4/6 All News ScienceInsider News Features Subscribe to News from Science News from Science About News from Science Donate to News Careers Articles Find Jobs Employer Hubs Opinion Analysis Blogs Science Science Advances Science Immunology Science Robotics Science Signaling Science Translational Medicine Science Partner Journals Information for Authors Information for Reviewers Manage Your Institutional Subscription Library Admin Portal Request a Quote Librarian FAQs Advertising Kits Custom Publishing Info Post a Job AAAS.org Communities EurekAlert! Science in the Classroom Leadership Work at Prizes and Awards FAQs Access and Subscriptions Order a Single Issue Reprints and Permissions Alerts and Feeds Contact Us \u00a9 2025 American Association for the Advancement of Science. All rights reserved is a partner of HINARI, AGORA, OARE, CHORUS, CLOCKSS, CrossRef and COUNTER. 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 5/6 Terms of Service \| Privacy Policy \| Accessibility 2/22/25, 8:00 Finnish astronomers acquitted in defamation case related to protesting harassment \| Science 6/6", "7253_106.pdf": "He Fell In Love With His Grad Student \u2014 Then Fired Her For It Christian Ott, a young astrophysics professor at Caltech, engaged in \u201cdiscriminatory and harassing\u201d behavior toward two female graduate students, a university investigation has found. Azeen Ghorayshi BuzzFeed News Reporter Subscribe to BuzzFeed Daily Newsletter Illustration by BuzzFeed News 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 1/10 Posted on January 12, 2016 at 10:40 pm Christian Ott, a young astrophysics professor at the California Institute of Technology, fell in love with one of his graduate students and then fired her because of his feelings, according to a recent university investigation. Twenty- one months of intimate online chats, obtained by BuzzFeed News, confirm that he confessed his actions to another female graduate student. The university investigation, which concluded in September, found that Ott violated the school\u2019s harassment policies with both women. Ott, a 38-year-old rising star who had been granted tenure the year before, was placed on nine months of unpaid leave. During that time he is barred from campus, his communication with most of his postdoctoral fellows will be monitored, and, with the exception of a single graduate student, he is not allowed to have contact with any other students. Before returning, he must undergo what a school official calls \u201crehabilitative\u201d training. The sanctions were imposed quietly, but after an inquiry from BuzzFeed News about Ott\u2019s case, the university\u2019s president and provost emailed a statement to the entire university on Jan. 4. \u201cThere was unambiguous gender-based harassment of both graduate students by the faculty member,\u201d the statement said. It also noted that the faculty member \u2014 who was not named \u2014 had appealed the sanctions against him, but the university denied his request. Ott declined to address most questions about his case, telling BuzzFeed News he was \u201cconstrained from commenting on the situation at this time.\u201d But he challenged the idea that he was responsible for anyone\u2019s firing 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 2/10 \u201cAt Caltech graduate students are not \u2018fired\u2019 by the decision of a single faculty member,\u201d he wrote in an email this week. \u201cWhen problems with students arise, multiple faculty get involved and a solution is found that ensures the graduate student is not harmed.\u201d Now the two women who filed the harassment complaint \u2014 the graduate students Io Kleiser, whom he fell in love with, and Sarah Gossan, whom he confessed his feelings to \u2014 have shared their stories with BuzzFeed News. They said they were disappointed that instead of terminating Ott\u2019s employment, Caltech chose to take a rehabilitative approach, and will allow Ott to continue to work with students. \u201cBecause Christian still has a place at Caltech feel that don\u2019t,\u201d Kleiser, who left the university in January, told BuzzFeed News. (Kleiser will finish her research at the University of California, Berkeley, but will still receive her doctorate degree from Caltech.) \u201cIf they retain Christian and keep a place for him, then they may be inadvertently telling many students that those students do not have a place at Caltech.\u201d Interviews with a dozen of Ott\u2019s current and former colleagues, as well as more than 1,000 pages of correspondence between Ott and the two complainants that were submitted to the investigators, suggest that Ott struggled not only with romantic feelings for his student, but with forging appropriate professional relationships with some of the people he advised. Speaking on behalf of the university, Fiona Harrison, chair of the division of physics, mathematics, and astronomy, told BuzzFeed News that the sanctions were appropriately severe. Ott committed \u201cgender-based harassment and discrimination, and we have zero tolerance for that here at Caltech,\u201d she said think our actions actually demonstrate that.\u201d Ott\u2019s case coincides with high-profile incidents of sexual harassment in university science departments. In October, BuzzFeed News revealed that Berkeley had found that the famous astronomer Geoff Marcy had sexually harassed students. And on Tuesday, during a speech on sexism and science on the House floor, Congresswoman Jackie Speier of California revealed that a 2004 report from the University of Arizona found that the astronomer Tim Slater had violated sexual harassment policies. \u201cScience students go to college to study astronomy, chemistry, or physics, not their professors' sex lives,\u201d Speier told BuzzFeed News by email. \u201cSexual harassment in science is pervasive,\u201d she said, and \u201cthe culture needs to change if we want women in this country to reach their full potential as scientists 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 3/10 Unlike Berkeley, which did not punish Marcy, Caltech has been applauded by some observers for imposing sanctions against Ott. But others question why, despite warning signs, no action was taken until Gossan came forward last June. \u201cHe\u2019s obviously a talented researcher, but that\u2019s not all that his job entails,\u201d said Joan Schmelz, who until recently led the American Astronomical Society\u2019s Committee on the Status of Women in Astronomy. \u201cIn his current state, should he be advising students and postdocs think no.\u201d Io Kleiser came to Caltech to work with Ott in 2012, when she was 22, to study supernovae, the rare astronomical explosions that happen in the final stages of a massive star\u2019s life. Halfway through the year, Kleiser was taking a full load of classes as well as doing research with Ott, who uses supercomputers to model the mysterious explosions. She struggled with the workload was just trying to keep my head above water,\u201d she said. Ott began messaging her late at night online, where they talked about their shared insecurities about work. Sometimes their chats were casual; he\u2019d recommend that she read Charles Bukowski or listen to Leonard Cohen. But other times, he\u2019d ask her why she wasn\u2019t devoting more time to research, questioning her motivations and time management. \"It saddens me that research is coming last ,\u201d he wrote one night in May, 2013. \u201cNot only was he being demanding in terms of my time,\u201d Kleiser said, \"but he was questioning my commitment to the work, and telling me about how it was making him feel, really from an emotional angle.\" In fall 2013, Kleiser went to the incoming executive officer for astronomy, Sterl Phinney, to tell him that she was struggling to work well with her adviser. Within a few weeks, Kleiser said, Ott asked her to meet 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 4/10 Over coffees at a Peet\u2019s just off campus, Kleiser recalled, Ott broke the news that he no longer wanted to work with her, meaning she would have to find another adviser to finish her graduate studies. The change totally upended her research plans, but she said she didn\u2019t really understand why he was firing her. He mentioned an email that she had not responded to a few weeks earlier, she recalled, and said he \u201ccouldn\u2019t emotionally deal with\u201d her anymore. She had no idea that he had any romantic feelings for her. She just thought she had failed at her job. Five days later, around 1 a.m., Ott messaged her online. \u201cOf all my students cared most about you and failed in the worst way,\u201d Ott typed. \u201cMy problem is that don\u2019t want to be in a power position, but factually am.\u201d Around the same time, Ott began chatting online with another of his female graduate students, 23-year-old Sarah Gossan, to confide in her about the situation with Kleiser. One evening, Ott asked Gossan to switch from chat to Skype can\u2019t even write this stuff down,\u201d he typed. On Skype a few minutes later, according to Gossan, Ott confessed to being in love with Kleiser. \u201cThe reason he had fired her was because he was concerned she was using her sexual influence over him to not do any work,\u201d Gossan told BuzzFeed News. Over the next year and a half, Ott continued to message Gossan online, sometimes late at night or while he was inebriated. He talked to her about not being able to let go of his feelings for Kleiser, whom he was still repeatedly reaching out to by chat and email. He also discussed his previous relationships and past emotional involvement with students. Gossan was often sympathetic to Ott, and opened up to him about her own struggles with anxiety, bulimia, and her boyfriend am just so happy that have a female grad student who is actually sane and can talk to,\u201d Ott wrote to her in January 2014 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 5/10 \u201cDo you think am a shady person because let myself be emotionally involved with my student?\u201d he asked her later that month think may actually be prone to this sort of thing.\u201d Almost immediately after these conversations began, Gossan said, she felt emotionally distraught by them, often working on her supernova research at home rather than at the office, and switching her chat settings to \u201cinvisible.\u201d \u201cIt\u2019s not good if a person in power is out of their fucking mind,\u201d Ott wrote to her in December 2014, referring to an issue with another student. \u201cWell we are all out of our minds,\u201d Gossan replied. \u201cYeah, but your insanity does not affect other people\u2019s lifes,\u201d he said. By Gossan\u2019s third year, Ott\u2019s demands on her intensified, she said. \u201cWhen said couldn\u2019t work 80 hours a week, he said would never make it in academia,\u201d Gossan recalled came to Caltech to do science. He slowly but surely made me feel worthless.\u201d In April last year, she said, she realized that her deteriorating relationship with Ott was harming her work and emotional well-being. After a dispute in which Ott said she had \u201cnot published anything substantial\u201d enough to speak at a conference commemorating Einstein, Gossan reached her breaking point. Two days later, she switched advisers, and about a month after that, she filed a complaint with Caltech\u2019s Title office, which handles issues of gender equity. By that time Kleiser had gotten a new adviser too. But she was still upset about her unexplained firing \u2014 she felt like an outcast, she said, uncertain of her place at Caltech or as a scientist went into a several-month-long state of depression where couldn't even sit down at my computer and work,\u201d she said. \u201cIt made me feel sick 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 6/10 Kleiser said she didn\u2019t find out about Ott\u2019s feelings for her until June 4, when Caltech\u2019s Title coordinator called her into her office and presented her with a stack of 86 poems Ott had posted about her on his Tumblr page. (The poems, which BuzzFeed News has reviewed, are no longer online.) The coordinator told Kleiser she could join Gossan\u2019s official complaint. The two graduate students knew each other, and that night they met for a drink. Kleiser emailed the Title office from the bar. \u201cAdd my name. Talked to sarah am so mad,\u201d she wrote will do whatever it takes In a letter sent to Kleiser in September, the university acknowledged that her firing \u201cwas prompted by [Ott\u2019s] romantic or sexual feelings for you,\u201d and that his behavior \u201csignificantly and adversely affected your educational opportunities at Caltech letter sent to Gossan concluded that Ott's interactions with her \u201cplaced an inappropriate and undue burden on you that adversely affected your emotional and physical well-being.\u201d In addition to Kleiser and Gossan, seven other students have left Ott\u2019s research group since 2012. All of them spoke with BuzzFeed News. Four said they were fired, abruptly. Many said that Ott\u2019s erratic behavior created a hostile and demanding work environment where bullying was the norm. Casey Handmer was a grad student in Ott\u2019s group until June 2013, when he was fired partly because Ott didn\u2019t want him to keep his bicycle locked up inside. \u201cEither you accept my rules or you go look for another advisor,\u201d Ott wrote him by email. \u201cYour call!\u201d \u201cAs his student, did have an obligation to manage his moods and pussyfoot my way around the extent to which a grown man is unable to control himself?\u201d Handmer told BuzzFeed News hadn\u2019t come to Caltech to join some weird 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 7/10 cult where you have to do whatever the leader says.\u201d Five other students, including Gossan, quit his group on their own for a variety of reasons, some of which were unrelated to his behavior. Since Ott joined Caltech's faculty in 2009, just two of his graduate students have completed their degrees. \u201cAt this point it\u2019s not isolated incidents, it\u2019s a statistic,\u201d a former student who testified in the Ott case told BuzzFeed News. Though she never felt personally harassed, she said she left the research group in part because she found the atmosphere toxic, with Ott often berating and belittling his students. \u201cIt\u2019s normal to have an ebb and flow, for students to quietly migrate somewhere else, but having nine students [leave] and two graduate is very strange,\u201d Chiara Mingarelli, an astrophysics postdoc at Caltech who works in a different research group and testified in the investigation, told BuzzFeed News. \u201cIf this was a normal company, there would be no question about his dismissal.\u201d The case underscores a common problem in academia: Professors, promoted for their research, may be unequipped to advise students. \u201cWe don\u2019t talk enough about how to talk about, and live within, honorable professional boundaries in the role of professor,\u201d C. K. Gunsalus, director of the National Center for Professional and Research Ethics, told BuzzFeed News. (Gunsalus was not involved with Ott\u2019s case.) \u201cThere isn\u2019t always as much formal preparation for the teaching and advising role as is needed for people.\u201d Harrison, the division chair, told BuzzFeed News that Caltech considers the success rate for graduating students when a professor is up for tenure, though she would not speak to how it was weighed in Ott\u2019s case. Caltech is planning to offer more mentorship training for junior faculty, Harrison added, and is considering how to get confidential feedback from students about how professors advise them. \u201dWe are drawing every lesson we can from what happened 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 8/10 Azeen Ghorayshi BuzzFeed News Reporter From Our Partner In the first week of January, Kleiser moved to Berkeley to continue her graduate work on supernovae. Caltech did not tell her or Gossan that it would be sending out a university-wide statement about their former adviser and the complaint they played such a big role in did not know it would go out, but am dealing with it fine,\u201d Kleiser wrote in an email just moved out of my apartment an hour ago and am driving up to Berkeley tomorrow, so am thinking about other stuff. :)\u201d Gossan, however, is not feeling as settled. She will stay at Caltech to finish her degree, which she expects to get next year. Ott will be allowed back on campus July 1 January 13, 2016 at 1:52 This story has been updated to clarify that though Io Kleiser has left Caltech and will finish her research at the University of California, Berkeley, she will still receive her doctorate degree from Caltech. Hilary Duff Being Praised For Her Nude\u2026 BuzzFeed News 99-Year-Old Woman Woke Up With A\u2026 BuzzFeed News Star Brittney Griner Pleads Guilty I\u2026 BuzzFeed News Khlo\u00e9 Was So Upset When Her Surrogate\u2026 BuzzFeed News Hillary Clinton\u2019s New Hit On Sanders: Healt\u2026 Mother Charged With Killing Her Toddler By\u2026 \"Canadian Cannibal\" Found Guilty Of Murder Weiner Sexting Partner Already Has Porno\u2026 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 9/10 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap BuzzFeed News BuzzFeed News BuzzFeed News BuzzFeed News 2/22/25, 8:00 He Fell In Love With His Grad Student \u2014 Then Fired Her For It 10/10"}
7,796	Mark Tumeo	University of North Florida	[ "7796_101.pdf", "7796_102.pdf", "7796_103.pdf", "7796_104.pdf", "7796_105.pdf", "7796_106.pdf", "7796_107.pdf", "7796_108.pdf" ]	{"7796_101.pdf": "Spinnaker \u2022 October 9, 2018 \u2022 former-dean-did-not-want-one-incident-to-affect-his-career-and-marriage/ Emails show former dean did not want one incident to affect his career and marriage Hannah Lee, Editor-in-Chief The former Dean of the College of Computing, Engineering, and Construction resigned last week after engaging in a sexual act on campus. According to emails and a police report obtained by Spinnaker, Mark Tumeo did not want this one incident to end his career at UNF. It all began at 5:01 p.m. on Oct. 2 is dispatched to Bldg. 46 where a soccer coach told police that he saw two individuals engage in sexual activity on the outside stairwell adjacent to the press box entrance of the stadium. The police report below outlines in more detail what happens next. Around 30-minutes later, at 5:37 p.m., Tumeo emails Interim Provost and Vice President of Academic Affairs, Pamela Chally, if he could call her on her cell. \u201cIt\u2019s very important and highly personal,\u201d Tumeo says. Chally tells Tumeo she\u2019s on another call, and says will call you shortly.\u201d There is no indication if Chally ever makes that call, but she does email him later that evening. At 9:16 p.m., Chally sends Tumeo an email placing him of administrative leave. Police Information Report \u201cYou are being placed on immediate administrative leave pending investigation of the incident that occured today, October 2, 2018. You are not to report to work tomorrow will be in touch with you soon.\u201d Tumeo replies by asking her if they will still meet for breakfast, in which Chally replies \u201cNo, not tomorrow.\u201d The next morning, on Oct. 3, at 6:10 a.m., Tumeo sends Chally an email asking her to not let one error ruin his career and damage his marriage. Chally does not respond to the email. Six minutes later at 6:16 a.m. Tumeo emails her again asking if he could call her cell phone. Chally doesn\u2019t respond in email. At 9:50 a.m., Tumeo sends Chally an email notifying her of his resignation. At 9:51 a.m., Chally accepts his resignation. Tumeo then asks if he should notify the college or if there will be an official statement. Chally responds with five words, \u201cDo not notify the college.\u201d At 12:02 p.m., an email was sent out to the university announcing his resignation. Mark Tumeo\u2019s email to Pamela Chally at 6:10 a.m. on Oct. 3 Mark Tumeo\u2019s resignation email. Spinnaker reached out to President David Szymanski about the incident. Sharon Ashton, the vice president for Public Relations, responded. \u201cThe University, including President Szymanski, is not commenting on this personnel matter.\u201d *Updated: 8:20 p.m. \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]. Hannah Lee \u201cMark Tumeo, dean of the College of Computing, Engineering and Construction, has resigned effective immediately,\u201d according to a Special Edition Osprey Update.", "7796_102.pdf": "JACKSONVILLE, Fla former dean at the University of North Florida is suing the school saying he was pressured into resigning after officials said he engaged in sexual misconduct. Mark Tumeo, the university\u2019s former dean of its College of Computing, Engineering and Construction, filed the lawsuit this month. The Florida Times-Union reports Tumeo was questioned by a university police officer who saw him and another man engaged in a sex act at a university stadium. Tumeo told police officials that the officer misunderstood what was going on and that he was talking to the other man. The lawsuit claims that the school\u2019s provost gave Tumeo two minutes to decide whether to resign during a phone call last month. The lawsuit says after submitting his resignation, Tumeo realized he had made a mistake. ___ Information from: The (Jacksonville) Florida Times-Union, dean says he was pressured to resign after sex claim Updated 7:51 CST, November 19, 2018 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 8:01 dean says he was pressured to resign after sex claim 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, 8:01 dean says he was pressured to resign after sex claim News 2/3 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers 5 2/22/25, 8:01 dean says he was pressured to resign after sex claim News 3/3", "7796_103.pdf": "dean sues over 'coerced' resignation Dan Scanlan [email protected] Published 5:29 p.m Nov. 16, 2018 Updated 5:30 p.m Nov. 17, 2018 former University of North Florida dean is suing the school, saying he was pressured into resigning by Provost Pamela Challey the day after officials said he engaged in a sexual act Oct. 2 on campus. In his four-page lawsuit filed this month, Mark Tumeo said Challey gave him two minutes to decide whether to resign during an Oct. 3 cellphone conversation, then raised it to three minutes after he asked for more time \"to consider his options and to provide a defense against termination.\" The lawsuit adds that after submitting an emailed resignation, Tumeo realized he should not have done so and tried to get his tenured position back Oct. 17, which was denied. \"Plaintiff's emailed resignation was coerced and the product of duress, due to multiple factors,\" the lawsuit states. \"[Those are] including, but not limited to: not being given a reasonable time in which to make a decision to resign; not being permitted to select the effective date of the resignation; and not being permitted sufficient time to obtain the advice of counsel.\" Tumeo had been at since 2011 and was dean of its College of Computing, Engineering and Construction. University officials stated that they do not comment on pending litigation university police officer was called to Hodges Stadium just before 5 p.m. Oct. 2 after a soccer coach said he saw two men engaged in sexual activity on an outside stairwell next to the press box entrance, according to the police report. The report said Tumeo was standing with his back to a room outside the press box while the other man was kneeling in front of him. When questioned by police, Tumeo initially said he was talking with the other man and \u201cmay have been bending down to tie his shoe and that may have looked out of place,\u201d the report said. They had prearranged the meeting using an online gay dating site, the report said. 2/22/25, 8:01 dean sues over 'coerced' resignation 1/2 After Tumeo was told the other man confirmed their sexual encounter, the dean told officers he was there to engage in oral sex, according to the report. Tumeo resigned effective immediately the next day, according to a statement from the university to staff, students and teachers. \u201cIt was unbecoming of a university official and doesn\u2019t comply with the standards expected of members of our university community,\u201d the statement read. \u201cIt\u2019s important to note that the conduct didn\u2019t directly involve students or other university employees.\u201d Tumeo's lawsuit seeks a judgment declaring his resignation involuntary, plus lost wages and benefits and reinstatement. Dan Scanlan: (904) 359-4549 2/22/25, 8:01 dean sues over 'coerced' resignation 2/2", "7796_104.pdf": "Spinnaker \u2022 July 24, 2019 \u2022 respond-to-delaneys-involvement-in-tumeo-scandal/ Students respond to Delaney\u2019s involvement in Tumeo scandal Ramona Ramdeen, Police Reporter After being caught in a sex act on campus in October of 2018, Dr. Mark Tumeo, former dean of UNF\u2019s College of Computing, Engineering and Construction, filed suit against the University of North Florida, claiming he was unfairly coerced into resigning. According to evidence obtained by Spinnaker investigators, there was an intriguing conversation via text message between Former President John Delaney and Tumeo. In an interesting turn of events, it appears that Delaney, is the one who encouraged Tumeo to \u201cget a lawyer.\u201d Related Article: alls-firing-of-dean- bullshit day after Spinnaker broke the exclusive story on their website and Facebook page, the students took to social media to let the public know how they really feel. The following remarks peppered the story\u2019s newsfeed: \u201cWe love John Delaney\u201d appeared to be the overall sentiment amongst students. One comment even touted: \u201cDelaney is a hero. #SymanskiRuinsEverything\u201d Another thread suggests that has bigger problems \u201cto deal with\u201d: \u201cSue the school, get a settlement, then move on. No need to draw out the negative for anyone has enough issues to deal with outside of this mess.\u201d Spinnaker reached out to President Szymanski for comment to these reactions. The University has declined to comment due to the pending litigation Judge Kevin Blazs is set to rule on this case in the next week or so. Spinnaker News will keep you updated as more information becomes available. __ For more information or news tips, or if you see an error in this story or have any compliments or concerns, contact [email protected]", "7796_105.pdf": "dean was pressured to resign after reported sex act, lawsuit claims Nick Jones, Senior producer Published: November 19, 2018 at 10:57 Tags: Jacksonville, News JACKSONVILLE, Fla former dean at the University of North Florida is suing the school, saying he was pressured into quitting after officials said he engaged in sexual misconduct on campus. 3 advisories in effect for 3 regions in the area Former dean sues Department of Poll: Housing poll asks voters\u2026 No gun ban at Section 504 NEWS4JAX Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 1/10 According to the lawsuit, Mark Tumeo, the university's former dean of its College of Computing, Engineering and Construction, was coerced into resigning by Provost Pamela Challey in October. The claim was made after Tumeo admitted to engaging in a \"consensual sex act\" with a man while on campus. According to the Spinnaker, which cited the original police report, Tumeo and the other man admitted to the act and told police they had met on the dating site Adam4Adam. LAWSUIT: Complaint against University of North Florida The lawsuit states that following the confrontation with police, Challey called Tumeo and told him he had two minutes to determine whether he would resign from his position as dean and faculty member. When Tumeo asked for additional time to make his decision, Challey said she would permit him \"three minutes\" to decide. According to the suit, Tumeo then emailed his resignation, which was \"coerced and the product of duress.\" After submitting his resignation, Tumeo realized he had made a mistake and should not have resigned. \"What he wants to do, much like a criminal defendant, is reset and say it wasn't voluntary,\" said Jacksonville attorney Randy Reep. \"He is suggesting the time limit put on (him), based on perhaps the embarrassment that (he) was about to suffer was not voluntary. Therefore, it should be voided.\" Advertisement Advertisement Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 2/10 Later in the month, the lawsuit states, Tumeo told the school he was forced to resign and asked to return to work. His request was denied. Copyright 2018 by News4Jax - All rights reserved. Click here to take a moment and familiarize yourself with our Community Guidelines. Marketplace Sell Your Items - Free to List Visit Full Marketplace Duluth Trading Men's Button Mock-Neck Jacquard Fleece Sweats... $34 Baby Female Border Collie Bicolor A. \| sellwild.com GIFT: Apple AirPod 2nd Generation $100 Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 3/10 E. \| sellwild.com W. \| sellwild.com #1 3D Scanner Pop 3 $500 W. \| sellwild.com Tom\u2019s Shoes 6.5 Silver /Rainbow $14 R. \| sellwild.com Large Adidas Mens Black Pullover Hoodie Sweatshirt DQ3096 $24 B. \| sellwild.com Powered by Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 4/10 Juvenile shot after altercation at Oakleaf soccer field Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 5/10 Department of Education withdraws $7M grant to for program to address teacher shortages Jacksonville finds remains of missing man near Kingsland Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 6/10 Leader of massive Florida drug operation that moved meth, fentanyl through airports, mail sentenced to 21 years Kourtney Kourtney and Jasmine Porter celebrating 15yrs of marriage Write Comment.. Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 7/10 Trinette Dease Billy & Trinette Dease, married for 24 years Write Comment.. Recommended Videos 4 Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 8/10 Upgrade your travel and beauty routine with these Insider Deals It\u2019s still only $65 to get a 1-year Costco Gold Star Membership, but now it comes with $20 to spend Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 9/10 Omne Results Logo Listings Email Newsletters Feeds Contests and Rules Contact Us Careers at Closed Captioning / Audio Description Public File Report Public File Report Terms of Use Privacy Policy Do Not Sell My Info Applications Cookie Preferences If you need help with the Public File, call (904) 393-9801. At WJXT, we are committed to informing and delighting our audience. In our commitment to covering our communities with innovation and excellence, we incorporate Artificial Intelligence (AI) technologies to enhance our news gathering, reporting, and presentation processes. Read our article to see how we are using Artificial Intelligence. Copyright \u00a9 2025 News4JAX.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings Advertisement 2/22/25, 8:02 dean was pressured to resign after reported sex act, lawsuit claims 10/10", "7796_106.pdf": "Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News \| By Bill Bortzfield Published October 3, 2018 at 2:33 Dr. Mark Tumeo University Of North Florida Wednesday the University of North Florida announced the immediate resignation of Dr. Mark Tumeo, dean of the College of Computing, Engineering and Construction said in a statement to News that \u201cTumeo engaged in behavior on campus Tuesday afternoon, Oct. 2, which was reported as a consensual sex Donate Now Weekend Edition Sat News 89.9 2/22/25, 8:02 Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News 89.9 1/5 act. It was unbecoming of a University official and doesn't comply with the standards expected of members of our University community.\u201d The university said Tumeo\u2019s conduct didn\u2019t directly involve students or other university employees. Interim Provost Dr. Pam Chally has appointed Associate Dean Dr. Chip Klostermeyer to the position of interim Dean until a search for a new dean can be conducted spokeswoman Sharon Ashton said because Tumeo\u2019s resignation is a personnel matter, the university would have no further comment. Tumeo\u2019s university biography page, which was still online at the time of this story\u2019s publication, states he joined in 2011 from Cleveland State University where he spent seven years as the Vice Provost of Research and Dean of the Graduate Studies. Bill Bortzfield can be reached at [email protected], 904-358-6349 or on Twitter at @BortzInJax. Tags First Coast app Bill Bortzfield Bill joined News in September of 2017 from The Florida Times- Union, where he served in a variety of multimedia journalism positions. See stories by Bill Bortzfield Weekend Edition Sat News 89.9 2/22/25, 8:02 Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News 89.9 2/5 National News Mississippi judge's order against a local newspaper sparks censorship claims National News Trump shakes up Pentagon leadership, fires the chairman of the Joint Chiefs of Staff Foreign policy experts struggle to predict Trump's next move with Russia National News Days into prison guard strike at state prisons, inmates say they feel unsafe National News Trump order shrinks the trust that manages San Francisco's iconic Presidio Park Weekend Edition Sat News 89.9 2/22/25, 8:02 Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News 89.9 3/5 Student Wins Contest To Train Like Cosmonaut In Russia August 15, 2018 U.S. News & World Report Ranks As \u2018Best Regional\u2019 University For 8th Consecutive Year September 10, 2018 Professor Gets $600,000 Grant To Accelerate Science With Chemical Database Project October 2, 2018 Stay Connected \u00a9 2025 Public Media Public Inspection File Studio Rentals Privacy Policy schoolteacher is leading the campaign to make Hacky Sack an Oregon state sport Related Content Weekend Edition Sat News 89.9 2/22/25, 8:02 Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News 89.9 4/5 Policy Sponsorship Opportunities [ ] Weekend Edition Sat News 89.9 2/22/25, 8:02 Announces Immediate Resignation Of Dean Following Report Of Consensual Sex Act News 89.9 5/5", "7796_107.pdf": "Article Reprints e-Newspaper App Subscribe Login \uf09a \uf099 \uf0e1 Former dean is suing University of North Florida Mark Tumeo claims he was coerced into resigning. By Max Marbut \| 5:10 a.m. November 16, 2018 \| 5 Free Articles Remaining! Mark Tumeo, former dean of the University of North Florida College of Computing, Engineering and Construction, has brought a lawsuit against the university\u2019s board of trustees contending he was forced to resign under duress Oct. 3 after a telephone call from a school official. Tumeo is represented by Tad Delegal of Delegal Law Offices. Joanna Norris spokeswoman, said the university doesn\u2019t comment on pending litigation, but provided an email sent Oct. 3 to students and faculty members: \u201cDr. Mark Tumeo, dean of the College of Computing, Engineering and Construction, has resigned effective immediately. Tumeo engaged in behavior on campus Tuesday afternoon, Oct. 2, which was reported as a consensual sex act. It was unbecoming of a University official and doesn\u2019t comply with the standards expected of members of our University community. Share \uf09a \uf099 \uf0e0 \uf0e1 \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. Sign Up Email address 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 1/6 \u201cIt\u2019s important to note that the conduct didn\u2019t directly involve students or other University employees. Interim Provost Dr. Pam Chally has appointed Associate Dean Dr. Chip Klostermeyer to the position of interim Dean until a search for a new dean can be conducted,\u201d it said. According to a Police Department report that was published by unfspinnaker.com, the student news site, an officer was called to Hodges Stadium the afternoon of Oct. 2 by a faculty member who said he observed Tumeo and another man engaged in sexual activity on the outside stairwell adjacent to the press box. Tumeo at first denied, but then admitted the activity to campus police, who noted in the report that \u201cProper administrative notifications were made regarding Mr. Tumeo\u2019s actions.\u201d On the morning of Oct. 3, Tumeo, who was hired as dean and named a tenured professor in June 2011, was called on his cellphone by Chally, according to the complaint. Tumeo says that Chally advised him that he had only two minutes to determine whether to resign from his position as dean, as well as his position of tenured faculty member. When Tumeo asked for more time to consider his options and to provide a defense against termination, Chally told him she would permit him three minutes to resign from employment, according to the complaint. \u201cBased on the short window of time that Plaintiff was given to decide whether to resign, and his concern that failure to do so would result in adverse publicity and personal embarrassment,\u201d Tumeo submitted his resignation within the three minutes that Chally permitted him, the complaint states. Tumeo contends in the complaint that he was not given a reasonable time in which to make a decision whether to resign, was not permitted to select the effective date of his resignation and was not permitted sufficient time to obtain the advice of counsel. The complaint seeks a judgment that Tumeo\u2019s resignation was involuntary, reinstatement to his position as a tenured faculty member with the right to maintain that position absent the due process provided to tenured faculty members of and compensation for lost wages and benefits, court costs and attorney\u2019s fees. \u201cIt\u2019s a question of whether he was coerced into resigning and if the court finds he resigned under duress,\u201d said Delegal. The case will be heard by Circuit Judge Kevin Blazs. More News Health Care City permits construction for Baptist HealthPlace at Seven Pines February 21, 2025 \| 4:34 P.M. Health Care Plans advance for St. Johns County AdventHealth emergency room February 20, 2025 \| 5:27 P.M. Health Care Baptist Medical Center takes step toward Southbank expansion February 19, 2025 \| 5:16 P.M. Health Care Patrick Green named to expanded Health role in new Northeast Florida system February 18, 2025 \| 12:00 A.M. Mathis Report More than $134 million Fleet Landing at Nocatee project in permitting February 13, 2025 \| 2:39 P.M. \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 2/6 Health Care City reviewing permit for Ascension St. Vincent\u2019s at Beach and Kernan February 13, 2025 \| 12:05 P.M. Health Care Baptist HealthPlace at Seven Pines targets spring 2026 opening February 6, 2025 \| 2:47 P.M. Health Care Healthcare can build free-standing St. Augustine emergency room February 6, 2025 \| 10:32 A.M. Sponsored Content \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 3/6 Sign up to receive our news in your inbox! Newsletter Your email address Latest in Law February 19, 2025 Roger Handberg leaving U.S. Attorney\u2019s Office February 19, 2025 Federal law clerk vacancy February 19, 2025 Attorneys recognized for pro bono service \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 4/6 February 19, 2025 \u2018Be smart with your kid\u2019s smartphone\u2019 presentation Feb. 27 February 18, 2025 Court orders sale of property owned by Ambassador Hotel developer February 18, 2025 Nominations open for Lawyer of the Year Contact 121 W. Forsyth St., Suite 150 Jacksonville 32202 Phone: 904-356-2466 Fax: 904-353-2628 Email: [email protected] \uf09a \uf099 \uf0e1 Sister Sites Business Observer Your Observer \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 5/6 Orange Observer Observer Local News More About Us Contact Us Advertise Subscribe Jobs Services Help Rack Locations Privacy Policy Newsletter Circulation Verification Council Your email address Periodicals Permit (190-620) as required for Public Notices per section 50.011 (1)(e), F.S. Circulation Verification Council 12166 Old Big Bend Road, Suite 210 Kirkwood, Missouri, 63122 314-966-7711 cvcaudit.com Audit Report Statement of Ownership Copyright \u00a9 2025 Observer Media Group Inc., All Rights Reserved \uf077 Get the latest news! Start your day with the top Jacksonville and Northeast Florida business news you need to succeed. 2/22/25, 8:02 Former dean is suing University of North Florida \| Jax Daily Record 6/6", "7796_108.pdf": "dean resigns after sex incident on campus Dan Scanlan [email protected] Published 3:20 p.m Oct. 4, 2018 Updated 9:54 p.m Oct. 4, 2018 The dean of the University of North Florida's College of Computing, Engineering and Construction has resigned due to unbecoming behavior after school officials said he engaged in a sexual act Tuesday afternoon while on campus. Mark Tumeo resigned effective immediately Wednesday, according to a statement from the university to staff, students and teachers. No further comment was available from the school, which said this \"is a personnel matter.\" \"It was unbecoming of a university official and doesn't comply with the standards expected of members of our university community,\" the statement reads. \"It's important to note that the conduct didn't directly involve students or other university employees university police officer was called to Hodges Stadium just before 5 p.m. after a soccer coach said he saw two people engaged in sexual activity on an outside stairwell next to the press box entrance, according to the police report. Both men confirmed engaging in oral sex on the stairwell, having prearranged the meeting using an online gay dating site and communicated through several texts before meeting, the report said. The report said Tumeo was standing with his back to a room outside the press box while the other man was kneeling in front of him. The other man saw someone looking at them, so he stopped and stood up, the report said. When first questioned by police, Tumeo said he was talking with the other man about his business, adding that he \"may have been bending down to tie his shoe and that may have looked out of place,\" the report said. Police issued a trespass notice to the other man, who was escorted off campus. 2/22/25, 8:02 dean resigns after sex incident on campus 1/2 Chip Klostermeyer has been appointed interim dean until a search for a new head of that department can be conducted, the university statement said. Tumeo has been at since 2011 after working at Cleveland State University. His annual salary was $271,564 at the time of his resignation, university officials said. Dan Scanlan: (904) 359-4549 2/22/25, 8:02 dean resigns after sex incident on campus 2/2"}
7,584	Alex Young	State University of New York - New Paltz	[ "7584_101.pdf", "7584_102.pdf", "7584_103.pdf", "7584_104.pdf", "7584_105.pdf", "7584_106.pdf" ]	{"7584_101.pdf": "2ND v (2003) United States Court of Appeals,Second Circuit. Inbal HAYUT, Plaintiff-Appellant, v YORK, State University of New York College at New Paltz, Alex Young, Individually, Richard Varbero, Individually, Gerald Benjamin, Individually, and Lewis Brownstein, Individually, Defendants-Appellees. Docket No. 02-9014. Decided: December 18, 2003 Before and SACK, Circuit Judges.* William Martin, Colin Law Office, White Plains, NY, for Plaintiff-Appellant Inbal Hayut. Kenneth J. Kelly, Epstein, Becker & Green, P.C., New York, N.Y. (Lauren A. Malanga, on the brief), for Defendant-Appellee Alex Young, individually. Andrea Oser, Assistant Solicitor General, Office of the State Attorney General, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, and Nancy A. Spiegel, Assistant Solicitor General, Office of the State Attorney General, Albany, NY, on the brief), for Defendants-Appellees State University of New York, State University of New York College at New Paltz, Richard Varbero, individually, Gerald Benjamin, individually, and Lewis Brownstein, individually. Plaintiff-Appellant Inbal Hayut seeks review of a grant of summary judgment by the United States District Court for the Northern District of New York (Howard G. Munson, Judge ) entered on August 1, 2002, following a Memorandum-Decision and Order entered July 30, 2002, in favor of Defendants-Appellees on Hayut's harassment and discrimination claims brought under 42 U.S.C. \u00a7 1983, the New York Constitution, Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681, et seq., and common law. \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 8:02 v (2003) \| FindLaw 1/28 Hayut's claims arise out of what she alleged was a pattern of humiliating and derogatory comments directed at her while she was a student at Defendant-Appellee State University of New York College at New Paltz New Paltz\u201d). Specifically, Hayut's 42 U.S.C. \u00a7 1983 claim alleges that, during the Fall 1998 semester, her political science professor, Defendant-Appellee Alex Young (\u201cProfessor Young\u201d), targeted her with derogatory and sexually-charged comments in violation of her equal protection rights under the United States Constitution. She makes analogous claims under the New York State Constitution. Hayut's Title claim against Defendants-Appellees State University of New York system (\u201cSUNY\u201d) and New Paltz (collectively, the defendants\u201d) is predicated upon their employment of Professor Young and specifically alleges the failure of officials at New Paltz to remedy Young's discrimination. Hayut's claims against Defendants-Appellees Richard Varbero, Associate Dean of the College of Arts and Sciences at New Paltz (\u201cDean Varbero\u201d), Gerald Benjamin, Dean of the College of Arts and Sciences at New Paltz (\u201cDean Benjamin\u201d), and Lewis Brownstein, a tenured Professor and Chair of the Political Science Department at New Paltz (\u201cProfessor Brownstein\u201d) (collectively, the \u201cindividual defendants\u201d), allege violations of her federal and state equal protection rights based on a respondeat superior theory, on grounds that the individual defendants failed timely and reasonably to respond to her complaints of Professor Young's harassment and that she was singled out by the individual defendants in an effort to hinder the pursuit of her harassment claim. Hayut also asserts a common law tort claim alleging ministerial neglect against the individual defendants. The district court-rejecting all of Hayut's claims-granted summary judgment to Young, the defendants, and the individual defendants. For the reasons set forth below, we hold the court properly granted summary judgment to the defendants and the individual defendants, but erred with respect to Young. Accordingly, we affirm its judgment in part and vacate and remand it in part A. The \u201cMonica\u201d Comments After completing two years at Rockland Community College (\u201cRCC\u201d), Hayut enrolled at New Paltz for the 1998-99 academic year. Hayut, a political science major, registered for two courses with Professor Young, a tenured political science professor. Each course met twice weekly during the Fall 1998 semester. According to Hayut, Professor Young's sexual harassment of her began approximately three weeks into the semester. Initially, the harassment consisted of Professor Young referring to Hayut by the nickname \u201cMonica,\u201d in light of her supposed physical resemblance to Monica Lewinsky, a former White House intern who at that time was attaining notoriety for her involvement in a widely- covered sex scandal with then-President William J. Clinton. 2/22/25, 8:02 v (2003) \| FindLaw 2/28 According to the testimony of some witnesses, Hayut initially laughed at the nickname, rolled her eyes, or simply shrugged her shoulders, giving no outward indication that the comments troubled her. However, Young's use of this nickname persisted even after Hayut requested that he stop. Despite her protestations, Professor Young would occasionally, in dramatic fashion, attempt to locate Hayut in the classroom by sitting in front of his desk and screaming the name \u201cMonica.\u201d Hayut maintains that the \u201cMonica\u201d comments occurred at least once per class period throughout the rest of the semester and persisted even in her absence.1 Hayut also maintains that, on occasion, Professor Young addressed her as \u201cMonica\u201d outside of class when they happened to pass each other. Professor Young's conduct was not limited to using the \u201cMonica\u201d nickname, but included other comments as well. These added context to the nickname by associating Hayut with some of the more sordid details of the Clinton/Lewinsky scandal. Specifically, Professor Young referred to some of Clinton's and Lewinsky's more notorious conduct, including \u201c[h]ow was your weekend with Bill?,\u201d which question Hayut claims he asked virtually every Tuesday morning class session. In addition to this \u201cweekend\u201d comment, Professor Young also told Hayut to \u201c[b]e quiet, Monica will give you a cigar later.\u201d Hayut testified that the \u201ccigar\u201d comment was uttered twice during the Fall 1998 semester, once in her afternoon class period with Professor Young (after he had observed Hayut talking to another student during a lecture), and the second in the very next morning class session. Finally, Professor Young observed to Hayut, in front of her peers, that \u201c[y]ou are wearing the same color lipstick that Monica wears.\u201d Hayut testified in her deposition that these specific comments by Professor Young-particularly the \u201ccigar\u201d comment-evoked shock and disbelief from students in the class. Hayut also testified during her deposition that, on at least one occasion in the middle of the semester, Professor Young's remarks upset her to the point that she began crying and walked out during his lecture. Hayut did not, however, ever approach Professor Young after class, in the hallway, or in his office to discuss her disapproval of the \u201cMonica\u201d nickname and of his other comments, despite having the opportunity to do so.2 Hayut did not, moreover, report Professor Young's conduct to school officials early in the Fall 1998 semester. She clearly could have done so. Thus, after returning from a two-week absence mid- semester, Hayut met with Professor Brownstein. In addition to serving as Chair of the Political Science department, Professor Brownstein also served as Hayut's academic advisor. During this meeting, Hayut discussed the work she had missed in Professor Brownstein's course. She ultimately decided to withdraw from his class after determining that she would be unable to make up the work. Significantly, Hayut never mentioned Professor Young's conduct to Professor Brownstein at this Fall 1998 meeting. Hayut maintains that the \u201cMonica\u201d comments affected her deeply, humiliating her in front of her peers, causing her to experience difficulty sleeping, and making it difficult for her to concentrate in school and at work. At times, Hayut feared that new developments in the Clinton/Lewinsky scandal would induce 2/22/25, 8:02 v (2003) \| FindLaw 3/28 Young to come up with a new, off-color comment at her expense and, therefore, she avoided watching the news. Hayut also testified that, despite her protestations, Professor Young's \u201cMonica\u201d references led other students-primarily male-to address her as \u201cMonica\u201d in a ridiculing manner outside of class. B. Hayut Complains To New Paltz In early December 1998, prior to the final exam period, Hayut visited Dean Varbero to complain about Professor Young's conduct. Hayut's friend Merante proposed the meeting with Dean Varbero as Merante wanted to voice numerous complaints of her own about Professor Young's teaching style, including his classroom temperament, his alleged unfair treatment of the students, and his \u201cdictatorial\u201d teaching style. During the course of the meeting, Merante mentioned Professor Young's \u201cMonica\u201d statements. Dean Varbero turned to Hayut to inquire and Hayut confirmed that she felt Professor Young had harassed her with the \u201cMonica\u201d comments. Dean Varbero then discussed Hayut's allegations with her for over one hour. He said that, if true, Professor Young's conduct would be viewed by the administration as a serious matter. And he also referred Hayut to Professor Brownstein who, because of his position in Professor Young's immediate chain of command, would have a particular interest in this matter. According to Merante, Dean Varbero specifically instructed Hayut to report Young's conduct to Professor Brownstein. Although this was an informal avenue of redress, Dean Varbero made clear to Hayut that if she was at all dissatisfied with Professor Brownstein's response, she was to report back to Dean Varbero for action. Dean Varbero also indicated that, in accordance with school policy, if Hayut sought more formal action, she would ultimately need to reduce her complaint to writing.3 Merante recalled that Dean Varbero took the additional step of attempting to contact Professor Brownstein in order to arrange an appointment on Hayut's behalf. Professor Brownstein's secretary told Dean Varbero that, because students were taking final exams during that week, Professor Brownstein was not holding regular office hours and his availability was unpredictable. The secretary suggested that Hayut should simply visit Professor Brownstein's office. Hayut agreed to do so and left Dean Varbero's office. Hayut went to Professor Brownstein's office but found him unavailable. She waited briefly and then left without indicating the nature of her visit or asking that Professor Brownstein contact her about the matter. Hayut maintains that she subsequently returned to Professor Brownstein's office but, again, found him unavailable. At no time did Hayut make further contact with Dean Varbero to discuss her inability to meet with Professor Brownstein or any possible dissatisfaction with how her informal complaint was being handled by the administration. Hayut did not actually speak with Professor Brownstein until late January 1999, when she met with him to discuss her Spring 1999 class schedule. During this meeting, Hayut told Professor Brownstein of Professor Young's conduct. She did not, however, submit a written complaint to him or to anyone else. 2/22/25, 8:02 v (2003) \| FindLaw 4/28 Nor did she make any other effort to pursue her verbal complaint with other members of the administration. After hearing about Professor Young's conduct, Professor Brownstein echoed Dean Varbero's advice that Hayut should submit a written complaint. Despite Hayut's failure to re-visit Dean Varbero, Dean Varbero himself had notified Professor Brownstein and Dean Benjamin of the matter. And, on February 11, 1999, before Hayut submitted a written complaint, a number of college officials including Dean Benjamin, Dean Varbero, Professor Brownstein, Gail Gallerie, the Executive Assistant to New Paltz's President, and Grace Pell New Paltz's Affirmative Action Officer (\u201cAAO\u201d), attended a meeting to discuss Professor Young's conduct. All officials agreed that Young's contract with New Paltz entitled him to written notice of the charges before could initiate any formal process and, if appropriate, impose disciplinary measures.4 Likewise New Paltz's internal grievance procedures required that, if formal action was sought through the Affirmative Action Office, all grievances of this sort had to be submitted by the claimant in writing to the within 45 days of the discriminatory act. The various university officials readily agreed that, if true, the allegations were sufficiently serious to warrant a formal response. On February 16, 1999, after the Spring 1999 semester had begun, Hayut delivered a written complaint to Professor Brownstein.5 The day after receiving the written complaint, Dean Benjamin, Dean Varbero, and Professor Brownstein convened a counseling session with Young to address matters raised in the complaint. Young admitted to having made the remarks. He indicated at that counseling session that the \u201cMonica\u201d comments had been intended only as jokes, although he later conceded during a deposition in connection with this action that the \u201cMonica\u201d statements were also intended as a form of discipline, uttered when Hayut was disrupting the class by talking or eating. Dean Benjamin informed Professor Young that the matter would be taken seriously. Part of the administration's response, according to Dean Benjamin, included a formal letter to Professor Young emphasizing what behavior the school expected of its professors and explaining what actions Dean Benjamin would take. Within days of the counseling session, Professor Young, who had nearly thirty years of teaching experience, discussed the possibility of retirement. Dean Benjamin agreed that Young's voluntary departure from New Paltz would be in the best interest of all parties. On March 18, 1999, Young tendered his resignation, which was promptly accepted. Hayut had enrolled in various classes for the Spring 1999 semester, none of which were taught by Professor Young. Hayut admits she had no further contact with Professor Young and suffered no harassment from him after conclusion of the Fall 1998 semester. Sometime after delivering her written complaint, Hayut simply stopped attending classes. This led to her receiving failing grades in all courses for that semester. Hayut attempted to transfer to Pace University (\u201cPace\u201d) for the upcoming Fall 1999 semester, but-due to her poor academic performance at SUNY-was unable to do so without first completing one year of remedial education. 2/22/25, 8:02 v (2003) \| FindLaw 5/28 C. Hayut's Suit On February 2, 2000, Hayut brought an action in the Southern District of New York (subsequently transferred to the Northern District of New York), against Young, the defendants, and the individual defendants alleging unlawful discrimination and harassment in violation her federal equal protection rights, see U.S. Const. amend. XIV, \u00a7 1, as actionable under 42 U.S.C. \u00a7\u00a7 1983 and 1988, her state equal protection rights, see N.Y. Const. art. I, \u00a7 11, Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, and the New York State Human Rights Law, N.Y. Exec. Law \u00a7 296. Hayut also asserted various common law tort claims: for ministerial neglect, defamation, and intentional infliction of emotional distress. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Young moved to dismiss for failure to state a cause of action. The defendants and the individual defendants moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). In a Memorandum-Decision and Order dated December 18, 2000, the district court (David N. Hurd, Judge ), granted the various motions in part and denied them in part. Hayut v. State Univ. of New York, et al., 127 F.Supp.2d 333 (N.D.N.Y.2000) (\u201cHayut \u201d). Those of Hayut's original claims that were dismissed in Hayut are not the subject of this appeal. Remaining in the action after Hayut were (1) Hayut's federal and state equal protection claims against Young; (2) Hayut's Title claim against the defendants; (3) Hayut's federal and state equal protection claims against the individual defendants; (4) Hayut's New York Human Rights Law claim against Young and the individual defendants; and (5) Hayut's common law tort claim for ministerial neglect against the individual defendants. Defendants-Appellees filed separate motions for summary judgment, which the district court granted in toto in a Memorandum-Decision and Order dated July 30, 2002. Hayut v. State Univ. of New York, et al., 217 F.Supp.2d 280 (N.D.N.Y.2002) (\u201cHayut \u201d). Judgment was entered on August 1, 2002. This timely appeal followed Hayut appeals the district court's grant of summary judgment on all of the claims dismissed in Hayut II, except for her state equal protection claim against Young and her state Human Rights Law claims, neither of which she now asserts. Accordingly, those claims are deemed abandoned. See Herrmann v. Moore, 576 F.2d 453, 455 (2d Cir.), cert. denied, 439 U.S. 1003, 99 S.Ct. 613, 58 L.Ed.2d 679 (1978). The question at the heart of this appeal is whether Hayut has presented sufficient evidence to survive summary judgment on her remaining discrimination claims. For the reasons discussed below, with respect to her section 1983 federal equal protection claim against Young, we find sufficient, disputed evidence in the record to make a summary judgment inappropriate. On the other hand, we find there is insufficient evidence supporting the claims against the defendants and the individual defendants to survive judgment as a matter of law. We, therefore, vacate 2/22/25, 8:02 v (2003) \| FindLaw 6/28 and remand the judgment of the district court which deals with Hayut's section 1983 claim against Young, but affirm the district court's grant of summary judgment on all other claims raised on appeal. A. Standard of Review This Court reviews the district court's grant of a motion for summary judgment de novo. Singer v. Fulton County Sheriff, 63 F.3d 110, 114 (2d Cir.1995). Summary judgment is appropriate \u201c \u2018if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.\u2019 \u201d Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(c)). Indeed, Rule 56(c) of the Federal Rules of Civil Procedure unequivocally \u201cmandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\u201d Id. In determining whether a genuine issue actually exists and, thus, whether or not summary judgment is appropriate, courts may \u201cnot \u2024 weigh the evidence, but [are] instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.\u201d Weyant v. Okst, 101 F.3d 845, 854 (2d Cir.1996) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Fed.R.Civ.P. 56(e) Advisory Committee Note (1963)). \u201cThe mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [non-movant].\u201d Liberty Lobby, 477 U.S. at 252, 106 S.Ct. 2505. B. Section 1983 Claim Against Young Hayut's section 1983 claim alleges that Professor Young violated her Fourteenth Amendment equal protection rights by engaging in sexual harassment. She claims that Professor Young's \u201cMonica\u201d comments had sexual overtones and created a hostile environment for her during her courses with him. Hayut has never asserted that Professor Young's harassment involved any conduct other than the nickname and the scandalous references.6 She maintains, however, that, beginning approximately in the third week of classes, these comments occurred during every period of instruction with Professor Young, and that they were sufficiently offensive and humiliating to cause her great distress and to interfere unduly with her academic performance. In order to survive a summary judgment motion on her section 1983 claim for sexual harassment, Hayut must proffer evidence that (1) Young was acting \u201cunder color of state law\u201d at the time he committed the conduct complained of, and (2) that his conduct deprived her of \u201c \u2018rights, privileges or immunities secured by the Constitution or laws of the United States.\u2019 \u201d Greenwich Citizens Comm., Inc. 2/22/25, 8:02 v (2003) \| FindLaw 7/28 v. Counties of Warren & Washington Indus. Dev. Agency, 77 F.3d 26, 29-30 (2d Cir.1996) (quoting Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981)). It is these questions, therefore, which we now address. 1. Color of State Law The Supreme Court has recognized that an individual is acting under color of state law when exercising power \u201c \u2018possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.\u2019 \u201d Polk County v. Dodson, 454 U.S. 312, 317-18, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (quoting United States v. Classic, 313 U.S. 299, 326, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941)); see also West v. Atkins, 487 U.S. 42, 49, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988). As a general rule, \u201c \u2018state employment is \u2024 sufficient to render the defendant a state actor.\u2019 \u201d West, 487 U.S. at 49, 108 S.Ct. 2250 (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 936 n. 18, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982)). For purposes of a section 1983 action, a defendant necessarily \u201cacts under color of state law when he abuses the position given to him by the State.\u201d West, 487 U.S. at 50, 108 S.Ct. 2250; see also Christian v. Belcher, 888 F.2d 410, 414 (6th Cir.1989) (\u201c[B]efore a defendant may be held liable under section 1983, that defendant must first possess power by virtue of state law, then misuse that power in a way that violates federal constitutional rights.\u201d). We think it clear that a professor employed at a state university is a state actor professor at a state university is vested with a great deal of authority over his students with respect to grades and academic advancement by virtue of that position. When a professor misuses that authority in the course of performing his duties, he necessarily acts under color of state law for purposes of a section 1983 action. See, e.g., Gonzalez v. Kahan, 1996 705320 at 2 (E.D.N.Y.1996) (finding tenured professor at the City University of New York accused of sexually harassing student to have acted under color of state law); c.f. Saulpaugh v. Monroe Comm. Hosp., 4 F.3d 134, 143-44 (2d Cir.1993), cert. denied, 510 U.S. 1164, 114 S.Ct. 1189, 127 L.Ed.2d 539 (1994) (upholding a section 1983 claim based on the equal protection clause against a public hospital official for sexual harassment of an employee under his supervisory authority). We, therefore, agree with the district court that Professor Young's position as a professor at New Paltz was such that if he abused the authority given him-as we think a reasonable jury could find-this threshold requirement would be satisfied. See Hayut II, 217 F.Supp.2d at 286. The question, then, is whether Hayut presented sufficient evidence to raise a triable issue of fact with respect to the severity or pervasiveness of Professor Young's conduct. We think she did. 2. Hostile Educational Environment Hayut claims Professor Young's \u201cMonica\u201d comments created a hostile educational environment for her. Section 1983 sexual harassment claims that are based on a \u201chostile environment\u201d theory, like Hayut's, are governed by traditional Title \u201chostile environment\u201d jurisprudence. See Annis v. County of 2/22/25, 8:02 v (2003) \| FindLaw 8/28 Westchester, 136 F.3d 239, 245 (2d Cir.1998); Jemmott v. Coughlin, 85 F.3d 61, 67 (2d Cir.1996). As a result, surviving summary judgment on a hostile environment claim under section 1983 (as under Title VII) requires evidence not only that the victim subjectively perceived the environment to be hostile or abusive, but also that the environment was objectively hostile and abusive, that is, that it was \u201cpermeated with \u2018discriminatory intimidation, ridicule, and insult,\u2019 \u2024 that is \u2018sufficiently severe or pervasive to alter the conditions' \u201d of, in this case, the victim's educational environment. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (citations omitted) (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)); see also Tomka v. Seiler Corp., 66 F.3d 1295, 1305 (2d Cir.1995) (requiring that the harassment \u201c \u2018has the purpose or effect of unreasonably interfering with an individual's \u2024 performance or creating an intimidating, hostile, or offensive \u2024 environment.\u2019 \u201d) (quoting Vinson, 477 U.S. at 65, 106 S.Ct. 2399), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). Making a \u201chostility\u201d determination in the educational context, as in the employment context, entails examining the totality of the circumstances, including: \u201cthe frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with\u201d the victim's academic performance. See Harris, 510 U.S. at 23, 114 S.Ct. 367. While the effect on a victim's psychological well-being is relevant to the subjective component in the analysis, its presence, or absence, is not dispositive on the issue of severity, as \u201cno single factor is required.\u201d Id. Finding the harassment \u201cpervasive\u201d means that the challenged incidents are \u201cmore than episodic; they must be sufficiently continuous and concerted.\u201d Carrero v. New York City Hous. Auth., 890 F.2d 569, 577 (2d Cir.1989). There also must be evidence that the alleged discrimination was carried out because of sex. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). Generally speaking, this analysis is fact-specific and, therefore, as in this case, is best left for trial. As an initial matter, we note that Young does not dispute that he addressed Hayut as \u201cMonica\u201d or that he made the other \u201cMonica\u201d comments. He stated that the comments were intended to be taken in a joking manner but, later, characterized them as a form of discipline. Professor Young articulates no defenses for his conduct and, specifically, has never expressly asserted that the comments complemented his classroom curriculum or had any other legitimate pedagogical purpose that might merit the kind of First Amendment protection that has long been recognized in the academic arena. See, e.g., Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967) ( \u201c[Academic] freedom is \u2024 a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.\u201d); Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969) (\u201cIt can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.\u201d). We, therefore, express no view on (a) whether such a defense could have been, or could still be, made, or (b) if made, whether this claim would entail issues of fact or law. 2/22/25, 8:02 v (2003) \| FindLaw 9/28 Additionally, we agree with the district court and find that Hayut has put forth sufficient evidence (principally her own testimony) to permit a reasonable factfinder to conclude that she subjectively found Professor Young's conduct offensive. Hayut II, 217 F.Supp.2d at 286. Accordingly, our analysis focuses on whether a jury could also find that Professor Young's conduct created an educational environment (a) which rose to an objective level of hostility on the basis of sex, and (b) which had an adverse effect on the terms and conditions of her educational experience. See Harris, 510 U.S. at 21, 114 S.Ct. 367. We think a jury could so construe the evidence. a. Pervasiveness The evidence presented permits a reasonable trier of fact to find that the comments were sufficiently pervasive to create a hostile environment. Professor Young allegedly uttered some form of \u201cMonica\u201d comment during many periods of instruction with Hayut and even, on occasion, outside the classroom. The classroom comments routinely occurred shortly after each period of instruction had begun and in front of a fully-assembled class. The evidence that Professor Young's conduct permeated the classroom atmosphere and set the tone for the whole class is sufficient to satisfy the \u201cpervasiveness\u201d requirement at the summary judgment stage. We reject the district court's attempt to employ a mathematical equation of sorts to calculate the number of instances of misconduct in order to show that Professor Young's behavior did not pervade and color the classes throughout the entire semester. Hayut II, 217 F.Supp.2d at 287. The district court began, for example, by finding that during October 1998, Hayut missed approximately five classes in each of her courses with Professor Young (she took a two-week trip to Israel for her brother's bar mitzvah). Id. The court then calculated the remaining days in which Professor Young uttered a \u201cMonica\u201d comment in Hayut's presence, and deemed his remarks \u201csporadic and infrequent,\u201d and, hence, non- actionable. We believe the court's approach to be erroneous for several reasons. First, a rigid \u201ccalculate and compare\u201d methodology ignores the proper role of courts which, at the summary judgment stage, is to construe all facts and draw all inferences in the light most favorable to the nonmovant. See Weyant, 101 F.3d at 854. Also, such an approach, if strictly followed, disregards Supreme Court guidance that hostile environment analysis \u201cis not, and by its nature cannot be, a mathematically precise test.\u201d Harris, 510 U.S. at 22, 114 S.Ct. 367. Because of the fact-specific and circumstance-driven nature of hostile environment claims, courts must be mindful that \u201c \u2018the appalling conduct alleged in prior cases should not be taken to mark the boundary of what is actionable.\u2019 \u201d Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 70 (2d Cir.2000) (quoting Richardson v. New York State Dep't of Correctional Serv., 180 F.3d 426, 439 (2d Cir.1999)). And courts should not, themselves, attempt to establish an absolute baseline for actionable behavior. See id. Additionally, as applied specifically to the facts in this case, we think the district court's approach to be flawed. The court did not adequately consider the fact that in just about half the periods of instruction 2/22/25, 8:02 v (2003) \| FindLaw 10/28 taught by Professor Young which Hayut attended, Hayut was the target of \u201cMonica\u201d comments. These comments, moreover, were generally made at or near the beginning of the period, thereby setting the tone for the remainder of the class period. The court also ignored evidence that Professor Young continued the harassment by referring to Hayut, in her absence, as \u201cMonica.\u201d Professor Young's persistent mention of \u201cMonica\u201d when speaking of Hayut when she was not there can, of course, be relevant evidence in a discrimination claim. See Leibovitz v. New York City Transit Auth., 252 F.3d 179, 190 (2d Cir.2001) (recognizing harassing remarks made outside a plaintiff's presence as germane to a hostile work environment claim). Whether a factfinder will, on balance, decide that the remarks reached the objective level of pervasiveness required by law is not for us to say. It is quite sufficient that there be enough evidence in the record from which a reasonable jury could so conclude. And of that we have no doubt. b. Severity We also find sufficient evidence to permit a trier of fact to find that the \u201cMonica\u201d comments were severe enough to transcend the bounds of propriety and decency, let alone harmless humor, and become actionable harassment based on Hayut's sex. The \u201cMonica\u201d nickname-pulled from the headlines covering the contemporaneous Clinton/Lewinsky scandal-can readily be understood as having powerful sexual connotations and overtones. This is especially so in light of Professor Young's \u201ccigar\u201d and \u201cweekend\u201d comments. Each remark, while brief, was made against a backdrop of classroom discussions and press coverage of the most salacious developments in the scandal reasonable jury could find that the \u201cMonica\u201d statements were more than mere joking comments or occasional vulgar banter, but were sexually-charged and designed by Young to convey certain images about Hayut-that she \u201cenjoyed the same sexual implements as the real Monica Lewinsky and that Ms. Hayut was a willing participant in deviant sexual activity with Young himself \u2024\u201d Pl. Brief at 7. There is, moreover, evidence in the record that suggests that, by discussing the sordid details of the Clinton/Lewinsky scandal, Professor Young made Lewinsky the focal point and object of ridicule of some of his classes. By then directing \u201cMonica\u201d comments toward Hayut, Professor Young likewise made Hayut the object of ridicule. The district court characterizes Young's conduct as \u201chighly offensive and obviously inappropriate.\u201d Hayut II, 217 F.Supp.2d at 287. We believe that this characterization of Young's conduct, and specifically of his comments of a sexual nature, given their frequency, compels the conclusion that a reasonable jury could find that his actions \u201ctranscend[ed] coarse, hostile and boorish behavior\u201d and became actionable as a constitutional tort. Annis v. County of Westchester, 36 F.3d 251, 254 (2d Cir.1994). The reactions of Hayut's peers and of various administrators at New Paltz are also significant to the mandated objective analysis. Hayut's testimony regarding the effect of Professor Young's behavior is corroborated by several individuals attending Professor Young's classes. These heard firsthand his 2/22/25, 8:02 v (2003) \| FindLaw 11/28 \u201cMonica\u201d comments and testified that they, too, found the behavior embarrassing and offensive. Likewise, when first informed by Hayut about Professor Young's conduct, Dean Varbero considered the allegations to be serious. When Dean Varbero, Dean Benjamin, Professor Brownstein, Gail Gallerie, the Executive Assistant to the College President, and Grace Pell, the New Paltz AAO, convened a meeting, they all agreed that, if substantiated, Professor Young's conduct warranted formal action. Young has never disputed that he engaged in the challenged conduct and there is no evidence that he singled out any other student for similar, recurring, treatment. Young maintains, however, that, as a matter of law, his comments do not rise to the level of actionable harassment. He suggests that the response of others, including Dean Benjamin, \u201cis not evidence of sexual harassment, but rather a layman's conclusion.\u201d But that is precisely the kind of question best reserved for the trier of fact. At a minimum, how others such as Dean Benjamin and Dean Varbero reacted upon learning of the conduct provides some evidence about the conduct's objectionable nature and, in this case, helps to create a triable issue of fact regarding the objectively offensive nature of Young's conduct. c. Harassment Because of Sex Targeting Hayut for her likeness to Lewinsky was, without question, driven by Hayut's gender. The \u201cMonica\u201d nickname served as a springboard for yet more vulgar \u201ccigar,\u201d \u201cweekend,\u201d and \u201clipstick\u201d comments, which were also not likely to have been uttered but for Hayut's gender.7 Moreover, targeting Hayut because of her gender is consistent with evidence that Young exhibited hostility toward women generally, and made negative references to their proper societal status. All this is, of course, relevant to her claim. See Whidbee, 223 F.3d at 70 n. 9 (the environment as a whole is germane to an individual plaintiff's hostile environment claim) (citing Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir.2000)). Accordingly, we find sufficient evidence in the record from which a trier of fact could conclude that Professor Young's conduct was motivated, at least in part, by Hayut's gender. d. Injury and/or Interference With Educational Progress We also find enough evidence that Hayut was adversely affected by Professor Young's actions and that a reasonable person similarly-situated would have also been affected. Although Hayut's academic performance does not appear to have suffered during her time in Professor Young's classes (as compared to her prior performance at and her later performance at Pace), she testified that, because of her treatment, she was unable to concentrate on her studies. Regardless of what external distractions may have weighed on Hayut during the Fall 1998 semester and contributed to her poor academic performance, Hayut also testified that she felt humiliation and emotional distress, did not want to attend classes, and was unable to sleep. That is enough to render this issue one for the trier of fact. See, e.g., Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 76 (2d Cir.2001) (finding that the victim's 2/22/25, 8:02 v (2003) \| FindLaw 12/28 testimony about the effect on her ability to work due to the harassment creates a triable issue regarding the unreasonable interference of the harassment).8 Nor do Hayut's admitted participation in class discussions despite the \u201cMonica\u201d comments, her failure to object initially to the comments, and her failure to report the conduct earlier to one of Professor Young's supervisors negate Hayut's evidence that she found the comments offensive and humiliating. Given the power disparity between teacher and student a factfinder could reasonably conclude that a student- victim's inaction, or counter-intuitive reaction, does not reflect the true impact of objectionable conduct. In this case especially, in view of the evidence of Professor Young's \u201cdictatorial\u201d lecture style, frequent angry outbursts, general intimidation of students, and non-receptiveness to student criticism or complaint, summary judgment cannot be based on Hayut's failure to object to, correct, or question Professor Young's conduct earlier in the period of alleged harassment. In order to be actionable, conduct need not be \u201cunendurable\u201d or \u201cintolerable.\u201d Whidbee, 223 F.3d at 70. And what students put up with, without objection or protest, does not mark the bounds of permissible classroom conduct. C.f. Vega v. Miller, 273 F.3d 460, 468 (2d Cir.2001) (holding, in a section 1983 action by discharged professor who alleged violation of his academic freedom, that \u201cwhat students will silently endure is not the measure of what a college must tolerate\u201d). Under the circumstances, it is entirely reasonable to believe that Hayut, in her first semester at New Paltz, was herself intimidated by Professor Young, and was hesitant to speak out for fear of potential verbal and academic backlash. For the foregoing reasons, we find genuine issues of material fact regarding Hayut's section 1983 claim against Young. Accordingly, the district court's grant of summary judgment on this claim is vacated, the claim is reinstated, and the matter is remanded to the district court for further proceedings consistent with this opinion.9 C. Title Claim Against the Defendants Hayut does not claim that she suffered any harm as a result of the official policies or procedures of or New Paltz. These include the internal grievance and complaint procedures for reporting and responding to allegations of harassment or discrimination. Rather, she alleges that and New Paltz are liable under Title by virtue of their employment of Young. Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, prohibits sexual discrimination (including harassment) by federally-funded educational institutions. See 20 U.S.C. \u00a7 1681(a) 10 . The Supreme Court has recognized an implied private right of action under Title IX, see Cannon v. University of Chicago, 441 U.S. 677, 691, 99 S.Ct. 1946, 60 L.Ed.2d 560 (1979), and has held that money damages are available in such suits, see Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60, 65-66, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992). \u201cDiscrimination\u201d for purposes of Title liability, is not limited to disparate provision of programs, aid, benefits or services or inequitable application of rules or 2/22/25, 8:02 v (2003) \| FindLaw 13/28 sanctions. See 45 C.F.R. \u00a7 86.31 (2000). It has, instead, been recognized as also encompassing teacher-on-student hostile educational environment sexual harassment. See Franklin, 503 U.S. at 75, 112 S.Ct. 1028 (holding that teacher's sexual harassment of student constitutes \u201cdiscrimination\u201d on the basis of sex); see also Kracunas v. Iona College, 119 F.3d 80, 86 (2d Cir.1997) (\u201cWhen a teacher sexually harasses a student, that teacher \u2018discriminates on the basis of sex\u2019 in violation of Title IX.\u201d) (quoting Franklin, 503 U.S. at 75, 112 S.Ct. 1028) (internal formatting omitted). Hayut seeks money damages as well as corrective action. As such, to survive summary judgment, her Title claim needs more than evidence that Professor Young's conduct created an educational environment sufficiently hostile as to deprive her of \u201caccess to the educational opportunities or benefits\u201d provided by New Paltz. See Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 650, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). Hayut must also provide evidence that one or more of the individual defendants, who admittedly are vested with \u201cauthority to address the alleged discrimination and to institute corrective measures\u201d on Hayut's behalf, had \u201cactual knowledge of [the] discrimination \u2024 and fail[ed] adequately to respond.\u201d Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290, 118 S.Ct. 1989, 141 L.Ed.2d 277 (1998). We determined above that Hayut presented sufficient evidence in connection with her hostile environment harassment claim against Professor Young to survive summary judgment. We also find that, to the extent the evidence suggests that Professor Young's conduct (a) discouraged Hayut from more active involvement in his classroom discussions, (b) compelled her to avoid taking additional courses taught by Professor Young, (c) caused her to withdraw from New Paltz altogether, or (d) simply created a disparately hostile educational environment relative to her peers, the above-described harassment could be construed as depriving Hayut of the benefits and educational opportunities available at New Paltz. We therefore look to the actions of the officials involved-the individual defendants-to determine whether Title liability lies against them. In doing so, we examine whether one or more of these defendants had actual knowledge of Professor Young's conduct and failed to respond adequately and appropriately. 1. Actual Notice Requiring actual, as opposed to constructive, knowledge imposes a greater evidentiary burden on a Title claimant. It is this burden that we do not believe Hayut has met.11 Hayut's oral and written complaint describes being subjected to harassment from Professor Young only prior to her meeting with Dean Varbero. And we find no other evidence suggesting that any of the individual defendants had actual knowledge of Young's conduct before Hayut's verbal report to Dean Varbero in December 1998. It follows that the defendants cannot be held liable under Title for any harassment that occurred during the Fall 1998 semester. See Gebser, 524 U.S. at 290, 118 S.Ct. 1989. But that is the only time during which Hayut claims that she was harassed by Young. Hayut 2/22/25, 8:02 v (2003) \| FindLaw 14/28 concedes as well that she had no further contact with Young and admits, therefore, that she endured no additional harassment from him after her complaint to Dean Varbero. Since, however, as Hayut alleges, some lingering, residual effects of Young's actions (i.e., other students addressing Hayut as \u201cMonica\u201d) may have extended into the Spring 1999 semester and may fairly be attributable to the hostile environment created and fostered by Professor Young, we examine the response rendered by the individual defendants, the New Paltz officials. 2. Adequate Response The Supreme Court has held that Title IX's requirement of an \u201cadequate response\u201d is violated not only if school officials render no response, as alleged by Hayut, but also if the response that is rendered \u201camount[s] to deliberate indifference to discrimination.\u201d Gebser, 524 U.S. at 290, 118 S.Ct. 1989; see Davis, 526 U.S. at 642, 119 S.Ct. 1661 (the educational institution \u201ccould be liable for damages only where the [institution] itself intentionally acted in clear violation of Title by remaining deliberately indifferent to acts of \u2024 harassment of which it had actual knowledge.\u201d). Deliberate indifference may be found both \u201cwhen the defendant's response to known discrimination \u2018is clearly unreasonable in light of the known circumstances,\u2019 \u201d Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir.1999) (quoting Davis, 526 U.S. at 648, 119 S.Ct. 1661), and when remedial action only follows after \u201ca lengthy and unjustified delay,\u201d Bruneau v. South Kortright Cent. Sch. Dist., 163 F.3d 749, 761 (2d Cir.1998). Because the evidence belies Hayut's contention that the individual defendants \u201cdid absolutely nothing to remedy the discrimination,\u201d we consider only whether Hayut proffered sufficient evidence to permit a finding that the timeliness or nature of the response by the defendants amounted to deliberate indifference. Despite Hayut's conclusory allegations to the contrary, the uncontroverted evidence suggests that the individual defendants responded to Hayut's complaint reasonably, in a timely manner, and in accordance with all applicable procedures. In December 1998, upon first hearing of Professor Young's conduct, Dean Varbero discussed the complaint with Hayut and Merante for one hour. He advised Hayut to notify Professor Brownstein (both in his capacity as Hayut's academic advisor and as Chair of Professor Young's department), and to make a written complaint. Hayut chose not to provide such a complaint until early February 1999.12 Moreover, Dean Varbero advised Hayut to return to his office if she was dissatisfied with the response she received from Professor Brownstein. Hayut chose not to do so. On his own, Dean Varbero contacted Professor Brownstein, and Dean Benjamin, regarding Hayut's verbal complaint and organized a meeting to be held when the Spring 1999 semester began. Attending this meeting was, among others, the New Paltz AAO. This action by Dean Varbero and the remaining individual defendants occurred prior to Hayut ever submitting a written complaint, which, under the applicable collective bargaining agreement, is a predicate step to pursuing any formal disciplinary action against a tenured professor. Immediately after receiving Hayut's written complaint, reassured about the sincerity of her desire to pursue her allegations against Young, the individual defendants convened a 2/22/25, 8:02 v (2003) \| FindLaw 15/28 counseling session with Young. Although Young requested leniency, he was informed that the matter was serious, would be handled accordingly, and that disciplinary action might well follow. Within weeks, Professor Young had resigned from New Paltz. All told, the uncontroverted evidence indicates that SUNY, by and through the actions of its officials, (the individual defendants), acted expeditiously and reasonably, and exhibited no indifference at all to Hayut's allegations. Hayut has presented no evidence, other than purely conclusory allegations, suggesting that the matter should have been addressed more swiftly. Indeed, the New Paltz explained that, under the circumstances, even if Hayut had sought her assistance directly, she would have been unable to respond more quickly than was done by the individual defendants. This evidence is, moreover, corroborated by the Internal Grievance Procedure, and Hayut offers nothing to refute the AAO's testimony. Nor is there any merit to Hayut's claim that Dean Varbero violated federal law and, therefore, exhibited deliberate indifference as a matter of law when he failed to report Hayut's verbal complaint immediately to the New Paltz Affirmative Action Office. The applicable federal regulations governing the promulgation of grievance procedures and appointment of responsible officials in federally-funded institutions, on which Hayut relies, mandate no such action. Rather, the recipient of federal funds (here New Paltz) is merely required to designate an and notify its students and employees of the officer's name, office address, and telephone number. See 34 C.F.R. \u00a7 106.8.13 There is no dispute that the defendants complied with this regulation and, in addition, did, in fact, inform the within weeks of Hayut's oral complaint. That the individual defendants also sought to address the matter informally does not suggest any attempt to stymie more formal measures, as the grievance procedures for the defendants permit concurrent informal complaint processes.14 We, therefore, find that, on the undisputed facts of this case, no reasonable jury could conclude that the response by the individual defendants, on behalf of the defendants, exhibited deliberate indifference. It follows that there is no evidence supporting Title liability against the defendants. Accordingly, we affirm the district court's grant of summary judgment in this respect. D. Claims Against The Individual Defendants 1. Section 1983 Claim In support of her section 1983 claim against the individual defendants, Hayut relies on several different theories, all of which lack merit. First, Hayut predicates her section 1983 claim against the individual defendants on a theory of respondeat superior. It is well settled, however, that the doctrine of respondeat superior standing alone does not suffice to impose liability for damages under section 1983 on a defendant acting in a supervisory capacity. See Monell v. Department of Soc. Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (discussing municipal liability). 2/22/25, 8:02 v (2003) \| FindLaw 16/28 Evidence of a supervisory official's \u201cpersonal involvement\u201d in the challenged conduct is required. Johnson v. Newburgh Enlarged Sch. Dist., 239 F.3d 246, 254 (2d Cir.2001) (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir.1995)). \u201cPersonal involvement\u201d is not limited to direct participation by the supervisor in the challenged conduct, but may also be established by evidence of an official's (1) failure to take corrective action after learning of a subordinate's unlawful conduct, (2) creation of a policy or custom fostering the unlawful conduct, (3) gross negligence in supervising subordinates who commit unlawful acts, or (4) deliberate indifference to the rights of others by failing to act on information regarding the unlawful conduct of subordinates. Id. As discussed above, Hayut makes no claim and provides no evidence that the individual defendants directly participated in any of Young's harassment. Instead, Hayut argues in her complaint that sexual harassment and discrimination at Paltz by other instructors was rampant and argues that the individual defendants knew or should have known about many instances of instructors other than Young who \u201cexhibited bizarre, disturbing, harassing and discriminatory behavior\u201d against students. Failure to act despite this \u201crampant\u201d harassment, she contends, constitutes \u201cdirect and personal involvement.\u201d Once again, Hayut provides no evidentiary support for her contention of rampant harassment by scores of instructors. In addition, Hayut contradicts this allegation by testifying at her deposition that, to her knowledge, there were no other instructors who exhibited any such behavior or harassed or discriminated against students. There is also no evidence that, after becoming aware of the alleged harassment, any of the individual defendants failed to respond or remedy the situation, that any of these individual defendants created or allowed a policy to continue under which alleged harassment could occur, or that they were grossly negligent in monitoring Young's conduct. As discussed above in finding no Title liability as a matter of law, the response of the individual defendants to Hayut's allegations was timely and reasonable under the circumstances. We see no basis for reaching a contrary conclusion with respect to the individual defendants' liability under section 1983. Finally, Hayut's \u201cclass of one\u201d theory of discrimination under section 1983 is also unavailing. Hayut contends that the individual defendants established a procedure to discourage and prevent her from pursuing her harassment complaint. But we are presented only with Hayut's conclusory allegations that the individual defendants intentionally treated her differently from other similarly-situated students after she reported Professor Young's conduct. And we find no evidence that the individual defendants embarked on any obstructive scheme, or that the allegedly differential treatment-of which we cannot find indications anywhere in the record-was either intentional or lacked a rational basis. Accordingly, her \u201cclass of one\u201d claim fails. See Olech, 528 U.S. at 564, 120 S.Ct. 1073 (recognizing \u201cclass of one\u201d claimant must assert intentional differential treatment that lacks a rational basis in order to state a claim for relief); see also Giordano v. City of New York, 274 F.3d 740, 751 (2d Cir.2001) (recognizing that to survive summary judgment, \u201cclass of one\u201d claimant must present evidence that any differential 2/22/25, 8:02 v (2003) \| FindLaw 17/28 treatment was intentional, irrational, and wholly arbitrary) (citing Olech, 528 U.S. at 564, 565, 120 S.Ct. 1073).15 We conclude that the district court properly granted summary judgment on Hayut's section 1983 claim against the individual defendants. 2. State Equal Protection Claim Hayut's state equal protection claim against the individual defendants under Article I, Section 11 of the New York State Constitution mirrors her federal equal protection claim brought under section 1983.16 Because the state constitutional tort action is analyzed under the same standard as Hayut's section 1983 suit, see Brown v. State, 89 N.Y.2d 172, 190, 652 N.Y.S.2d 223, 674 N.E.2d 1129 (1996) (\u201c[Article I, section 11 of the New York State Constitution] was intended to afford coverage as broad as that provided by the Fourteenth Amendment to the United States Constitution \u2024\u201d) (citing Dorsey v. Stuyvesant Town Corp., 299 N.Y. 512, 530, 87 N.E.2d 541 (1949)), and because Hayut relies on identical facts to support both claims, the state equal protection action suffers the same fate as the section 1983 claim against the individual defendants. Having found that summary judgment was properly granted on the section 1983 claim against those defendants, we also conclude that the district court correctly granted summary judgment in the state constitutional tort action. 3. Ministerial Neglect Claim Hayut maintained below, and asserts on appeal, that federal regulations, see 34 C.F.R. \u00a7 106.8, and state regulations, see N.Y. Comp.Codes R. & Regs. tit. 9, \u00a7 4.19 (\u201cExecutive Order No. 19\u201d), required the individual defendants (1) immediately to notify the of any sexual harassment complaint, (2) expeditiously and thoroughly to investigate all such allegations, and (3) to follow up and make sure that any harm inflicted on the alleged victim as a result of the harassment was rectified. Because, the argument goes, none of the individual defendants notified the AAO, investigated the harassment, or followed up with Hayut in the months after her complaint, they committed ministerial neglect under New York law. We note, however, that there is no independent cause of action for ministerial neglect in New York. Rather, a claim of ministerial neglect \u201cmerely removes the issue of governmental immunity from a given case.\u201d Lauer v. City of New York, 95 N.Y.2d 95, 99, 711 N.Y.S.2d 112, 733 N.E.2d 184 (2000). In other words, \u201c[m]inisterial negligence may not be immunized, but it is not necessarily tortious.\u201d Id. Accordingly, there must be some showing that the conduct by the official violated some duty to the injured party directly, as opposed to a \u201cgeneral duty to society.\u201d Id. at 100, 711 N.Y.S.2d 112, 733 N.E.2d 184 (internal quotation marks and citations omitted). \u201cWithout a duty running directly to the injured person there can be no liability in damages, however careless the conduct or foreseeable the harm.\u201d Id. at 96, 711 N.Y.S.2d 112, 733 N.E.2d 184. If, however, a duty to a particular individual or class is 2/22/25, 8:02 v (2003) \| FindLaw 18/28 voluntarily assumed, even if it is one that would not otherwise exist except to the general public, the duty must be performed in a nonnegligent manner. See Florence v. Goldberg, 44 N.Y.2d 189, 404 N.Y.S.2d 583, 587, 375 N.E.2d 763 (1978) (\u201c[W]here a municipality assumes a duty to a particular person or class of persons, it must perform that duty in a nonnegligent manner, notwithstanding that absent its voluntary assumption of that duty, none would have otherwise existed.\u201d). Hayut has identified no duty that the individual defendants owed directly to her, as opposed to the general public. Nor has she shown that the individual defendants voluntarily assumed a duty to her or to a specific class of persons, to which she belongs. And her assertions of a duty are not supported by the regulations upon which she relies. Moreover, to the extent that any duty arose under cited federal or state regulations, the individual defendants were in complete compliance with those regulations. Both 34 C.F.R. \u00a7 106.8 and Executive Order No. 19 require federally-funded educational institutions to do no more than designate an employee as an who is to receive complaints and to disseminate contact information to students. They do not impose a duty on each and every school official within that institution to report sexual harassment allegations to the designated AAO. It follows that the district court properly granted summary judgment on this claim For the reasons stated above, we hold that the district court erred when it granted Young's motion for summary judgment on Hayut's section 1983 claim. Accordingly, we the district court's grant of summary judgment on this claim, and the case to the district court for further proceedings on this claim consistent with this opinion. With respect to all of Hayut's remaining claims against the defendants and the individual defendants, we hold that the district court correctly granted summary judgment. We, therefore, Affirm that portion of the district court's judgment 1. Hayut testified that, during a two-week period in the middle of Fall 1998 semester when she attended her brother's bar mitzvah in Israel, Professor Young apparently continued the \u201cMonica\u201d comments, ridiculing her in her absence. 2. Hayut testified in her deposition that she accompanied her friend Diane Merante, also a student in Professor Young's courses and a witness to the \u201cMonica\u201d comments, to Professor Young's office during the semester to return some classroom materials. During the course of that visit, neither Hayut nor Merante mentioned anything to Professor Young about his remarks, nor did Professor Young make any \u201cMonica\u201d comments to Hayut during that meeting. 3. In his deposition, Dean Benjamin, Dean of the College of Arts and Sciences, explained the school's procedures that would normally be followed in a situation such as this:Generally, if a student has a 2/22/25, 8:02 v (2003) \| FindLaw 19/28 complaint, he or she brings it to the Chair of the Academic Department. The Chair of the Academic Department may refer it to the Associate Dean who takes care of student complaints and faculty matters, which, was Dean Varbero. Alternatively, the student may approach the Dean's offices without approaching the Chair of the department which basically would refer the student to the Chair for an initial counseling and consideration of whether the Chair should intervene without engaging the Dean's office. So there's a process of complaint. If the complaint is oral and is regarded as sufficiently, potentially sufficiently important to require action by the Dean's office, formal or informal, the informal action might be taken by the Associate Dean following a potential action by the Chair. If formal action's required, the student is requested to provide a written complaint. The student is counseled that a written complaint will be taken in confidence so there will be no retribution taken against the student by the teacher. 4. The terms of the collective bargaining agreement then in effect between and United University Professors, Professor Young's union, required that, before any disciplinary measures could be taken, a formal notice of discipline would need to be issued and served on Professor Young. What information the notice must contain is set forth in Article 19, \u00a7 19.4(a), and includes \u201ca detailed description of the alleged acts and conduct including reference to dates, times and places.\u201d Those collective bargaining agreement requirements alone mandate that a formal, written complaint must be received by the before any formal further steps could be taken by the administration to discipline the individual committing the challenged conduct. 5. Hayut alleges in her handwritten complaint that the harassment began during the first week of classes, although her later deposition testimony reveals that the conduct began during the third week of school. 6. Hayut testified at her deposition that Professor Young touched her \u201conce.\u201d This touching occurred during the meeting in Professor Young's office during which Merante returned some classroom materials. When asked at her deposition about any touching by Professor Young, Hayut responded that Professor Young \u201cput his hand on my shoulder, and shrugged my shoulder, and he just let go and sat down at his desk.\u201d No other touching took place and Hayut's claims appear not to be in any way premised on this touching. 7. In this regard, we note that Young's remarks were potentially taking advantage of an offensive societal stereotype of the woman underling who uses her sexuality with a person in authority to further her career. The existence and arguable reference to such a stereotype makes Young's comments more likely to be gender-based than sexually-charged comments which would as readily be addressed to males as well as females. See Reva B. Siegel, Introduction Short History of Sexual Harassment, in Directions in Sexual Harassment Law 16 (Catherine A. MacKinnon & Reva B. Siegel eds., 2004) (noting that \u201cjudgments about whether practices discriminate \u2018on the basis' of sex or race may depend on 2/22/25, 8:02 v (2003) \| FindLaw 20/28 evolving social intuitions about whether a practice unjustly perpetuates a status regime, rather than formal characteristics of the practice itself\u201d); cf. Vicki Schultz, The Sanitized Workplace, 112 Yale L.J.2061 (2003) (arguing that sexual conduct in the workplace does not constitute sex discrimination unless it specifically undermines gender equality). 8. There is also some evidence, albeit disputed, that Hayut briefly sought treatment from a mental health professional in early 2000, in connection with injuries resulting from Young's conduct. Counsel for the defendants asked Hayut at her deposition whether she had ever seen a health care professional for mental or emotional or physical problems stemming from this incident. Hayut stated \u201c[n]ot that recall.\u201d When the name of a particular mental health professional was mentioned, Hayut stated she saw Ms. Marcus once in 2000, but never revisited her. The details of her counseling are somewhat vague, but there is some indication that the counseling was sought in connection with Young's harassment. 9. Because we find the evidence in the record sufficient to survive summary judgment without consideration of alternative theories, we do not pass on Hayut's \u201cclass of one\u201d theory asserted in support of her section 1983 action against Professor Young. See Village of Willowbrook v. Olech, 528 U.S. 562, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000) (per curiam) (discussing \u201cclass of one\u201d claims) 10. Title provides, with certain exceptions not at issue here, that \u201c[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 \u2024\u201d 20 U.S.C. \u00a7 1681(a). 11. To the extent that Kracunas, 119 F.3d 80, held, inter alia, that constructive notice of hostile environment sexual harassment gives rise to Title liability for damages, that portion of the holding was overruled by Gebser, 524 U.S. at 290-91, 118 S.Ct. 1989 (re: teacher-on-student harassment), and Davis, 526 U.S. at 644-45, 119 S.Ct. 1661 (re: student-on-student harassment). Associate Justice O'Connor, writing for the Court in both cases, explicitly departed from the respondeat superior principles (which ordinarily govern Title actions) for purposes of Title IX. After Gebser and Davis it is clear that in Title cases, an educational institution that receives federal funds cannot be held liable for harassment by teachers or students short of the school's actual knowledge of, and deliberate indifference to, the harassment. 12. Hayut maintains on appeal that, after several, fruitless return trips to Professor Brownstein's office in December 1998, Merante, Hayut's friend, \u201cleft a two-page outline of her complaints with the department secretary to give to [Professor] Brownstein\u201d but \u201cnever received a response to that signed, written complaint.\u201d We find nothing in the record suggesting Merante's \u201csigned, written complaint\u201d even touched on Hayut's complaints regarding Professor Young's harassment. That Merante received no 2/22/25, 8:02 v (2003) \| FindLaw 21/28 response from Professor Brownstein, then, has no bearing on the adequacy of the response rendered by the individual defendants in connection with Hayut's allegations. 13. Section 106.8 (\u201cDesignation of responsible employee and adoption of grievance procedures\u201d) provides:(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 or alleging any actions which would be prohibited by 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 procedure 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.34 C.F.R. \u00a7 106.8. 14. The formal Grievance Procedure for Review of Allegations of Discrimination for SUNY, enacted in accordance with Title IX, provides that \u201c[t]his procedure \u2024 is in no way intended to supplant or duplicate any already existing grievance procedures, including the informal resolution process presently in practice on many campuses.\u201d 15. As in Giordano and a predecessor case, Harlen Assoc. v. Incorporated Vill., Of Mineola, 273 F.3d 494 (2d Cir.2001), we decline to resolve whether \u201cOlech changed this Circuit's requirement that a \u2018class of one\u2019 plaintiff alleging an equal-protection violation show an illicit motivation,\u201d Giordano, 274 F.3d at 751. Hayut fails to provide evidence of any, let alone intentional, disparate treatment by the individual defendants or that any such differential treatment, if it occurred, was irrational or arbitrary. 16. Article I, Section 11 provides that \u201cNo person shall be denied the equal protection of the laws of this State or any subdivision thereof.\u201d N.Y. Const. art. I, \u00a7 11. CALABRESI, Circuit Judge. Was this helpful? Yes No 2/22/25, 8:02 v (2003) \| FindLaw 22/28 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: Docket No. 02-9014. Decided: December 18, 2003 Court: United States Court of Appeals,Second Circuit. Need to find an attorney? 2/22/25, 8:02 v (2003) \| FindLaw 23/28 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, 8:02 v (2003) \| FindLaw 24/28 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 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. Get email updates from FindLaw Legal Professionals Email * \uf105 2/22/25, 8:02 v (2003) \| FindLaw 25/28 Go to Learn About the Law \uf105 Need to find an attorney? Search our directory by legal issue Enter information in one or both fields (Required) 2/22/25, 8:02 v (2003) \| FindLaw 26/28 Find a lawyer Legal issue need help near (city code or country) Bahawalpur, Punjab \uf057 2/22/25, 8:02 v (2003) \| FindLaw 27/28 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, 8:02 v (2003) \| FindLaw 28/28", "7584_102.pdf": "By By \| \| [email protected] [email protected] UPDATED: UPDATED: July 16, 2021 at 3:31 July 16, 2021 at 3:31 Student can sue for \u2018Monica\u2019 joke Student can sue for \u2018Monica\u2019 joke 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 1/14 Originally Published: Originally Published: February 3, 2001 at 9:55 February 3, 2001 at 9:55 federal judge has given a former student of State University of New York federal judge has given a former student of State University of New York at New Paltz permission to sue her former professor for repeatedly referring at New Paltz permission to sue her former professor for repeatedly referring to her as \u201cMonica.\u201d The woman, Inbal Hayut, 23, said Alex Young also made to her as \u201cMonica.\u201d The woman, Inbal Hayut, 23, said Alex Young also made such remarks as, \u201cHow was your weekend with Bill?\u201d and \u201cShut up, Monica. such remarks as, \u201cHow was your weekend with Bill?\u201d and \u201cShut up, Monica. I\u2019ll give you a cigar later,\u201d according to court papers. He once mentioned she I\u2019ll give you a cigar later,\u201d according to court papers. He once mentioned she was wearing the same color lipstick as Lewinsky. Hayut is suing Young and was wearing the same color lipstick as Lewinsky. Hayut is suing Young and several New Paltz officials who allegedly failed to respond to her several New Paltz officials who allegedly failed to respond to her sexual harassment complaint. Young could not be reached for comment, but sexual harassment complaint. Young could not be reached for comment, but his lawyer, Kenneth Kelly, said his client was just teasing Hayut because he his lawyer, Kenneth Kelly, said his client was just teasing Hayut because he thought she resembled Lewinsky. \u201cIt may not be polite, it may not be thought she resembled Lewinsky. \u201cIt may not be polite, it may not be politically correct, but it is not sexual harassment,\u201d Kelly said. Young, who politically correct, but it is not sexual harassment,\u201d Kelly said. Young, who retired after the case surfaced, has not been accused of propositioning or retired after the case surfaced, has not been accused of propositioning or improperly touching Hayut, Kelly said. The remarks were made while Hayut improperly touching Hayut, Kelly said. The remarks were made while Hayut was a student in Young\u2019s political science class in the fall of 1998. \u201cThe was a student in Young\u2019s political science class in the fall of 1998. \u201cThe timing of these comments, occurring as they did at the height of the White timing of these comments, occurring as they did at the height of the White House sex scandal, is \u2026 significant \u2026 in determining the legitimate House sex scandal, is \u2026 significant \u2026 in determining the legitimate inferences which might be drawn from them,\u201d Northern District Judge inferences which might be drawn from them,\u201d Northern District Judge David Hurd wrote in a decision made public Thursday. The judge said that David Hurd wrote in a decision made public Thursday. The judge said that looking at the facts from Hayut\u2019s standpoint, the comments were the looking at the facts from Hayut\u2019s standpoint, the comments were the equivalent of Young telling her classmates that she would perform, or was equivalent of Young telling her classmates that she would perform, or was performing, sex acts on \u201colder men in positions of authority.\u201d Hurd said the performing, sex acts on \u201colder men in positions of authority.\u201d Hurd said the comments could have created a \u201csexually hostile environment\u201d for Hayut, comments could have created a \u201csexually hostile environment\u201d for Hayut, who has transferred to another college. Her lawyer, William Martin, said the who has transferred to another college. Her lawyer, William Martin, said the remarks left her feeling \u201cembarrassed \u2026 and humiliated.\u201d He described remarks left her feeling \u201cembarrassed \u2026 and humiliated.\u201d He described Hayut as \u201cquiet, shy and reserved\u201d and said she never laughed or Hayut as \u201cquiet, shy and reserved\u201d and said she never laughed or encouraged any banter. Martin said Hayut corrected Young when he called encouraged any banter. Martin said Hayut corrected Young when he called her \u201cMonica,\u201d saying, \u201cthat is not my name.\u201d her \u201cMonica,\u201d saying, \u201cthat is not my name.\u201d Around the Web Around the Web 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 2/14 Stop Information Overload Stop Information Overload Ethereal Search Engine Ethereal Search Engine Five Reasons Your Car Insurance Five Reasons Your Car Insurance Rate Changes Rate Changes Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 3/14 Why Google Workspace for Why Google Workspace for Business is Worth the Upgrade Business is Worth the Upgrade Get Mortgage Advice Close to Get Mortgage Advice Close to Home Home 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, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 4/14 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 5/14 Did Your Mom Ever Make the Did Your Mom Ever Make the Paper? Search Newspapers.com Paper? Search Newspapers.com Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Four Easy Tips to Keep Your Kids Four Easy Tips to Keep Your Kids Safe Online Safe Online 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 6/14 The New Normal of Selling a Home The New Normal of Selling a Home Today Today Should You Buy an Electric Car? Should You Buy an Electric Car? 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, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 7/14 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 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 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Prescriptions - Compare Prices, Find Free Coupons, Find Free Coupons, 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 8/14 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 How Long Should Keep My Car? How Long Should Keep My Car? Get Dog Food Designed for Your Get Dog Food Designed for Your Dog's Health & Happiness Dog's Health & Happiness 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 9/14 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 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 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 10/14 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Prescriptions - Compare Prices, Find Free Coupons, Find Free Coupons, Did Your Mom Ever Make the Did Your Mom Ever Make the Paper? Search Newspapers.com Paper? Search Newspapers.com Should You Buy an Electric Car? Should You Buy an Electric Car? 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 11/14 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 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 12/14 How Long Should Keep My Car? How Long Should Keep My Car? Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All 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, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 13/14 2001 2001 \ue907 \ue907February February \ue907 \ue90733 2/22/25, 8:02 Student can sue for \u2018Monica\u2019 joke \u2013 Morning Journal 14/14", "7584_103.pdf": "Page 1 of 88 Actions as Words, Words as Actions: Sexual Harassment Law, The First Amendment and Verbal Acts John F. Wirenius Abstract: The article examines the tension between the hostile work environment under the civil rights laws and the First Amendment\u2019s protection of free speech, even when such speech is offensive and even discriminatory. After discussing the tension and its limits, the author examines other rationales proposed to resolve this tension, and rejecting them as unsatisfactory. Noting that hostile work environment doctrine, as a variable standard, employs a less \u201cbright- line\u201d approach than is typical of the First Amendment\u2019s rule, the author nonetheless finds that the \u201copen texture\u201d of all rules, and the requirement that a hostile work environment be systematically pervasive or severe brings the conduct prohibited within the scope of \u201cverbal acts\u201d and thus is roughly consistent with the First Amendment. I. Introduction For nearly two decades, a debate has smouldered over the perceived tension between the law of sexual harassment and the First Amendment\u2019s guarantee of freedom of speech. As the protection against sexual harassment in the workplace spread beyond overt discrimination in discrete employment decisions and quid-pro-quo sexual harassment to include the less readily quantified \u201chostile work environment,\u201d free speech advocates became less sanguine about the compatibility between the protections against workplace discrimination and the First Amendment, especially its proscription of viewpoint discrimination. This previously almost purely academic controversy is likely to take on practical and doctrinal significance with the retirement of Justice Sandra Day O\u2019Connor, and the recent appointment of Justice Samuel Alito to the Supreme Court. Justice Alito authored as a federal appeals court judge an opinion striking as unconstitutionally overbroad a college anti-discrimination policy that purported to bar only speech proscribed under federal and anti-discrimination laws; he wrote that \u201cwe have found no categorical rule that divests \u2018harassing\u2019 speech, as defined by federal 1Saxe v. State Area College School District, 240 F.3d 200 (3d Cir. 2001). 2477 U.S. 57, 65 (1986). Meritor involved a sexual harassment claim under Title of the Civil Rights Act of 1964 (42 U.S.C. \u00a72000-e); however, hostile work environment claims or hostile learning environment claims may also be brought under other sections of the Civil Rights Act, such as Title (20 U.S.C. \u00a71681), barring discrimination in education, or under 42 U.S.C. \u00a71983, on the theory that a state actor has intentionally deprived an individual of federal statutory or constitutional rights. In every context, the definition of hostile work/learning environment is the same. See Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 75 (1992) (Title IX); Hayut v. State University of New York, 352 F.3d 733, 744-745, 750 (2d Cir.2003)(1983 and Title IX; citing cases). While many of these cases involve sexual harassment, hostile work environment claims may be raised by members of any protected class. See, e.g. Meritor, 477 U.S. at 65-66 (noting that early regulations and lower court decisions applying hostile work environment theory of recovery involved claims of racial or national-origin discrimination, and that early regulations applying the concept to sexual harassment \u201cappropriately drew from, and were fully consistent with, the existing caselaw\u201d); Torres v. Pisano, 116 F.3d 625, 631 (2d Cir.), cert. denied, 522 U.S. 997 (1997) (race and national origin claims involving hostile work environment claims judged by same standard as sexual harassment hostile work environment claims). Page 2 of 88 anti-discrimination statutes, of First Amendment protection,\u201d and referred to \u201cthe very real tension between anti-harassment laws and the Constitution\u2019s guarantee of freedom of speech.\u201d1 Plainly, Justice Alito is not one to flinch from an analysis of hostile work environment doctrine in the light of the First Amendment\u2013an analysis that the Court has avoided to date. How the doctrine will fare in such an examination is unclear. Beginning with the Supreme Court\u2019s ratification of the hostile work environment doctrine as consistent with the statutory mandate of the Civil rights Act of 1964 in Meritor Savings Bank v. Vinson,2 a cottage industry of scholarly comment sprang into being. Since then, advocates of gender equality in the workplace and advocates of the First Amendment have clashed over the legitimacy of the hostile work environment cause of action under the First Amendment. In the ensuing welter of attacks on hostile work environment doctrine, a series of rationales 3RICHARD (2003). 4LEARNED 73 (1958). Page 3 of 88 have been proffered to justify a civil cause of action which penalizes speech based on its poisonous effects in the work environment. These rationales range from the elegant\u2013analogizing workers to \u201ccaptive audiences\u201d\u2013to the overtly political\u2013declaring the goal of workplace equality so important that it should outweigh the constitutional imperatives of protecting free speech. In the end, these arguments either turn upon artificially tortured logic, or they allow for an impermissible subjectivity in judicial decisions regarding the legal status of speech. Neither avenue is healthy for the future of constitutional governance. While Richard Posner\u2019s call for pragmatic judicial decisions even where no legal doctrine supports (let alone compels) such decisions is refreshingly candid,3 it underlines the extent to which the judiciary is constituting itself as an infallible, unelected power elite reminiscent of Plato\u2019s Guardians\u2013a fear expressed by the great conservative jurist Learned Hand nearly fifty years ago4. In fact, the arguments for protecting against a hostile work environment need neither be so tortured, nor overtly political. The limits of the hostile work environment standard evince respect for the essence of the First Amendment\u2019s guarantee of free speech, if not complete harmony with contemporary free speech doctrine. One need not categorize speech as \u201chigh\u201d or \u201clow\u201d value (thus introducing the moral and social values of the decider as a \u201cfilter\u201d), nor need one balance the social utility of the protecting the right of free speech against that of protecting the right to be free of a discriminatory hostile work environment. Rather, recourse to first principles demonstrates that conduct which creates a hostile work environment fits largely within the parameters of what the Supreme Court has long recognized as a \u201cverbal act,\u201d an act performed through speech and thus 5See generally (2d Ed. 2004) (hereinafter PRINCIPLES\u201d). 6H (1961) at 129, 130. 7Harris v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). Page 4 of 88 remains outside the boundaries of First Amendment protection, not based upon governmental disapproval of the speech in question but because those words spoken in the particular factual context have the effect of an act, not of a communication.5 One reason for the tension between these two doctrines is that the judge-created criteria for hostile work environment liability partake of the nature of a variable standard, while First Amendment jurisprudence generally applies a rule, to use the terms employed by H.L.A. Hart.6 The distinction between rules and standards is not often marked in conversation, or even in legal practice. Indeed, many legal scholars have, on occasion, conflated the two. Hart\u2019s categories are helpful in exploring the tension between these two legal imperatives. More importantly, the reconciliation of the two imperatives is advanced by recognizing the limits of Hart\u2019s categories and the extent to which they blur at the fringes.. In exploring the compatibility of the hostile work environment standard with the First Amendment, both the First Amendment\u2019s core and the often-neglected doctrine of the verbal act need to be examined. So too the limitations of hostile work environment doctrine must be fully understood., especially its threshold requirement limiting applicability to harassive speech that is \u201csevere or pervasive enough to create an objectively hostile or abusive work environment.\u201d7 This requirement, that the \u201cworkplace be so severely permeated with discriminatory intimidation, ridicule 8Alfano v. Costello, 294 F.3d 365, 374 (2d Cir. 2002); see generally Sprague v. Adventures, Inc., 121 Fed. Appx. 813 (10th Cir. 2005); Valentine v. City of Chicago, 452 F.3d 670 (6th Cir. 2006)(describing requirement that environment be \u201cobjectively hostile\u201d). 9For a provocative tour d\u2019horizon encompassing much of the classic \u201crules versus standards\u201d literature, see Pierre J. Schlag, Rules and Standards, 33 U.C.L.A. L. Rev. 379 (1985) (describing the \u201cdialectic\u201d between rules and standards as \u201cirreducible,\u201d as rules represent a type of knowledge which is \u201ctoo simplistic\u201d while standards represent a \u201cheuristic and open-ended\u201d type of knowledge which is \u201cso tentative, so epistemologically insecure, that they furnish little in the way of learning.\u201d Id. at 428. Schlag concludes with the pointed, if somewhat unhelpful, question: \u201cwhy and how it is we allow such silly games to have such serious consequences.\u201d Id. at 430). Page 5 of 88 and insult that the terms and conditions of [] employment were thereby altered,\u201d8 bears a striking resemblance to the kind of inquiry that has been employed by the courts, especially the Supreme Court, in delineating the distinction between speech, which is protected, and a verbal act, which may be regulated. This is not to assert that the courts have deliberately tailored the contours of the hostile work environment claim to respect the parameters of free speech. The congruence between the caselaw establishing the scope of the hostile work environment doctrine and the verbal act concept is not perfect. However it is sufficiently close to justify retention of this cause of action as consistent with the mandates of the First Amendment. II. Rules, Standards and the Fringes Conflict between hostile work environment doctrine and the protection accorded speech under the First Amendment can be illuminated by examining the nature of legal rules and standards. Without summarizing the extensive academic literature,9 legal imperatives, or directives may be roughly divided into two kinds. First, \u201crules\u201d which may be briefly defined as \u201cclear prescription[s] that exist[s] prior to [its] application that determine[s] appropriate conduct or legal outcomes,\u201d that 10Richard H. Fallon, \u201cThe Rule of Law\u201d as a Concept in Constitutional Discourse, 97 Colum. L. Rev. 1, 14, 15n. 58 (1997) 11HART at 128-129. 12Id. at 129. 13HART at 129. Page 6 of 88 is, \u201crelatively determinate prescriptions that minimize the necessity of moral or practical calculation in application.\u201d10 The second form of directive, \u201cvariable standards,\u201d are employed \u201cwhere the sphere to be controlled is such that it is impossible to identify a class of specific actions to be uniformly done or foreborne and to make them the subject of a simple rule, yet the range of circumstances, though very varied, covers familiar features of common experience.\u201d11 The use of variable standards \u201cleaves to individuals, subject to correction by a court, the task of weighing up and striking a reasonable balance between the social claims which arise in various unanticipatable forms.\u201d12 In such cases, those whose conduct falls within the sphere of regulation \u201care required to conform to a variable standard before it has been officially defined, and they may learn from a court only ex post facto when they have violated it, what, in terms of specific actions or forbearances, is the standard required of them.\u201d13 These broad definitions of rules and standards should not be taken as representing a sharp distinction in all contexts, however; as Hart states: the distinction between the uncertainties of communication by important example (precedent) and the certainties of communication by authoritative general language (legislation) is far less firm than this naive contrast suggests. Even when verbally formulated general rules are used, uncertainties as to the form of behavior required by them may break out in particularly concrete cases. . . . In all fields of experience, not only that of rules, there is a limit, inherent in the nature of language, to the guidance which general language can 14Id. at 123. 15 Id. at 124. 16Id. at 128. 17Id. at 127. Of course, the utility of this distinction can be and has been drawn into question\u2013notably by Pierre Schlag, supra, 33 U.C.L.A. L. Rev. at 430 (Concluding that \u201cmuch of legal argumentation is simply an exercise in the formalistic mechanics in a dialectic which doesn\u2019t go anywhere\u201d). Moreover, adopting of Hart\u2019s terminology does not necessarily entail acceptance of Hart\u2019s defense of positivism; Ronald M. Dworkin, in mounting \u201ca general attack on positivism,\u201d using \u201cH.L.A. Hart\u2019s version as a target,\u201d acknowledged the distinction between rules and what he called \u201cprinciples, policies and, other sorts of standards.\u201d Ronald Dworkin, Is Law System of Rules?, in M. DWORKIN, ed (1977) 38, 43; see also, Dworkin, The Model of Rules, 35 U. Chi. L. Rev. 14 (1967). Dworkin subdivides the category of \u201cstandards\u201d more finely than does Hart, but also states that \u201coften shall use the term \u2018principles\u2019 generically to refer to the whole set of standards other than rules.\u201d Id. Because Dworkin freights the term \u201cprinciples\u201d with a moral quality not germane to the distinction as employed here\u2013though highly relevant to his own project follow Hart\u2019s usage. Page 7 of 88 provide.14 Thus, Hart himself asserts that all rules have, at their fringe, \u201can open texture.\u201d15 Similarly, \u201ceven with very general standards, there will be plain indisputable examples of what does, or does not, satisfy them. Some extreme cases of what is, or is not, a \u2018fair rate\u2019 or a \u2018safe system\u2019 will always be identifiable ab initio.\u201d16 Despite this open texture inherent in all rules, and the limits to the variability of the variable standard, there is a useful distinction to be drawn between the strategy of drawing a \u201cbright-line\u201d rule which endeavors to govern the sphere to be controlled with the maximum of clarity and precision, and those instances where \u201cthe sphere to be legally controlled is recognized from the start as one where the features of individual cases will vary so much in socially important but unpredictable respects, that uniform rules to be applied from case to case without further official direction cannot usefully be framed by the legislature in advance.\u201d17 18HART at 127. 19 See, e.g., City of Chicago v. Morales, 527 U.S. 41 (1999); Lanzetta v. New Jersey, 306 U.S. 451, 453 (1939); Papachristou v. Jacksonville, 405 U.S. 110, 162-172 (1972). Notably, this distinction is not of new vintage nor controversial. See, United States v. Wiltberger, 18 U.S. (5 Wheat.) 76, 96 (1820). 20Oliver Wendell Holmes, The Path of the Law, in (1920) 171. This is not to assert that Holmes simplemindedly preferred rules to standards. In (1881), Holmes examined the standard of negligence, and argued not only for its Page 8 of 88 Both rules and standards are deeply rooted in Anglo-American law. Indeed, Hart goes further, acknowledging that: all systems, in different ways, compromise between two social needs: the need for certain rules, which can, over great areas of conduct, safely be applied by private individuals to themselves without fresh official guidance or weighing up of social issues, and the need to leave open for later settlement by an informed, official choice, issues which can only properly be appreciated and settled when they arise in a concrete case.18 Rules and standards each serve an important function; the question is selecting which approach to adopt in a given context, and that turns upon a value-laden inquiry. For example, criminal statutes have long been required to define the acts proscribed with sufficient particularity as to place a reasonable person on notice to enable her to conform her conduct to the law; a legislature that fails to provide such notice has enacted a void statute\u2013a nullity.19 Rules can deter wrongful conduct, and encourage people to act with security that their actions will, as long as they stay on the right side of the bright line, not form the basis of liability, either civil or criminal; this reflects the view of Oliver Wendell Holmes that if \u201cyou want to know the law, and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, the vaguer sanctions of conscience.\u201d20 application, but for its objective content\u2013that is, that acts are a foundation for liability only when \u201ca man of ordinary intelligence and forethought would have been to blame for acting as he did at 110; see generally id. at 108-129. 21U.S. Const. Art II, \u00a71 cl. 5 (1787). 22See, e.g., Marvin Frankel (1972) (arguing, pre-enactment of federal sentencing guidelines, that wide discretion afforded judges in sentencing allowed for gross inequities and favoritism). 23Turner v. Williams, 194 U.S. 279, 294 (1904). In Turner, the Immigration Act of 1903, barring entrance to the United States by anarchists; the Supreme Court declared itself to be \u201cat a loss\u201d to see the First Amendment problem arose, since the entrance by one holding disfavored views was barred, and not any actual speech\u2013although speech consonant with such views would lead to expulsion. The unfortunate alien \u201cdoes not become one of the people to whom these things [First Amendment rights] are secured by our Constitution by an attempt to enter forbidden by law.\u201d Id. at 290. Other cases in which rhetorically strong protections accorded speech dwindled in the face of actual holdings that speech might be silenced include the World War Espionage Act cases\u2013Schenck v. United States,249 U.S. 47 (1919); Frohwerk v. United States, 249 U.S. 204 (1919); Debs v. United States, 249 U.S. 211 (1919) and their progeny. While have pointed out Page 9 of 88 Thus, the constitutional requirement that no person is eligible to serve as President of the United States \u201cwho has not attained the age of thirty-five Years\u201d21 clearly limits the age of any potential presidential candidate\u2013if nominated, they could not run, and if elected they could not serve. Additionally, rules limit the extent to which the enforcing agency or court can allow whim or prejudice to infect the outcome, and tend to secure equality before the law.22 In the context of free speech cases, especially, a bright line rule is far less susceptible to manipulation than a multi-factor balancing test. Early Supreme Court decisions regarding the scope of freedom of speech often asserted that their holdings were \u201cnot to be understood as depreciating the vital importance of freedom of speech and of the press, or as suggesting limitations on the spirit of liberty, itself unconquerable,\u201d and then found ways to allow penalization of a speaker, explicitly premised on disapproval of his views.23 the fact that these cases created a libertarian theory of free speech\u2013the \u201cclear and present danger\u201d test to be applied to speech issues, and overruled older cases to do so\u2013the fact is that the clear and present danger rule was announced in ringing terms, but almost every case found a way of satisfying the requirement at 29-42. Further, the rhetorically strong protection of \u201ccore\u201d First Amendment speech must be contrasted with the extensive carving out of significant swaths of speech as \u201cnonspeech\u201d or \u201clesser value\u201d speech, simply because its content offends social mores. See, e.g., Chaplinsky v. New Hampshire, 314 U.S. 568 (1942) (carving out from protection \u201cthe lewd and the obscene, the profane, the libelous, and the insulting or \u2018fighting\u2019 words\u201d). At least one of those areas, the obscene, remains as fully vital today as it did in 1942, despite admitted difficulties of definition, which have increased in the modern age as technology erodes local community-based distinctions. See Nitke v. Gonzales, 413 F. Supp.2d 262 (S.D.N.Y. 2005), aff\u2019d, 164 L.Ed.2d 295 (2006). For my critique of this \u201cChaplinskyism\u201d dividing the unitary language of the First Amendment, see at 72-121. 24341 U.S. 494 (1951). For an extended critique of Dennis\u2019s balancing approach, see at 56-62. 25For a recent example, see Rice v. Paladin Enterprises, 128 F.3d 233 (4th Cir. 1997), in which an admittedly offensive book CONTRACTORS, was held to be subject to liability in tort for \u201ccausing\u201da murder 10 years after its publication, despite the First Amendment protection afforded speech advocating violence in Brandenburg v. Ohio, 395 U.S. 444 (1969). The Court in Brandenburg barred such liability unless that speech takes place in circumstances where the resultant violence is both \u201cimminent\u201d Page 10 of 88 One of two Supreme Court decisions to explicitly adopt balancing methodology\u2013a classic variable standard approach\u2013to First Amendment general analysis, Dennis v. United States, ostensibly embraced a speech-enhancing approach to First Amendment analysis, but in essence allowed for the outlawing of the American Communist Party, on the basis that their credo, if adopted by a substantial portion of the body politic, might later result in significant harm, although the likelihood was admittedly minimal.24 In short, the experience of judges applying standard-like approaches to free speech points out that when free to suppress unpopular speech that they themselves find offensive or potentially dangerous, judges will do so. Speech will lose, more often than not, if the judge is free to balance, because judges are women and men like the rest of us, and capable of succumbing to their prejudices if afforded the latitude to do so.25 in time and intended specifically by the speaker. In Rice, the Fourth Circuit unconvincingly sought to limit Brandenburg\u2019s holding to speech advocating political violence, citing disingenuously cases overruled sub silentio by Brandenburg and out-of context quotations from cases analogizing to Brandenburg in non-political contexts, and thus inconsistent with the conclusion drawn by the Rice court from them. Compare 128 F.3d at 264 (quoting 44 Liquormart v. Rhode Island, 517 U.S. 484, 498 (1996); purportedly limiting scope of Brandenburg to political speech) with 44 Liquormart, 517 U.S. at 498 (citing Brandenburg to apply by analogy to context of commercial speech). For background and fuller analysis of Rice see at 182-245. Notably, the Supreme Court has recently firmly reaffirmed Brandenburg, and rejected the arguments deployed in Rice, in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002) (striking as unconstitutional federal statute banning as child pornography depictions based upon graphic imaging without employing real-life models, holding that lesser showing required to ban child pornography is justified by harm to victimized children in creating the images; absent such harm, the \u201cmere tendency of speech to encourage unlawful acts is not a sufficient reason to ban it\u201d). 26Victor Hugo, 5 147 (1862) (Isabel F. Hapgood, trans., Thomas Y. Crowell & Co.)(1862). In the more standard Wilbour translation, the passage is less eloquent (trans. Charles E. Wilbour) (1909) at 1298. 27See, e.g., Benjamin Weiser Judge\u2019s Struggle to Avoid Imposing a Penalty He Hated,\u201d New York Times, January 13, 2004 A1 (detailing Judge Gerard E. Lynch\u2019s imposition under federal sentencing guidelines of a 10 year sentence on a first offender aged 18 for disseminating child pornography over the Internet. Judge Lynch is quoted as stating that \u201c[t]his is without question the worst case of my judicial career...[the] unjust and harmful [sentence] has the potential to do disastrous damage someone who is not much more than a child himself\u201d). See generally 9-22 (1998); Mark Oslar, Must Have Got Lost: Traditional Sentencing Goals, the False Trail of Uniformity and Process, and the Way Back Home, 64 S.C. L. Rev. 649 (2003); A. Thomas Levin, Another Fine Mess, 75-Aug 5 Page 11 of 88 However, rules can often lead to over-rigidity, not taking sufficient account of the unique equities of a given situation. Even Victor Hugo\u2019s inflexible Inspector Javert comes to realize that, \u201cthe rule might be inadequate in the presence of a fact, that everything cannot be framed within the text of the code, that the unforseen compelled obedience.\u201d26 This insight has been brought harshly to light when the law attempts to eliminate discretion, or cabin it sharply, as in the Federal Sentencing Guidelines, or the Rockefeller drug laws, which have forced judges to pass sentences far in excess of those which they deem appropriate.27 (2003)(\u201cThere is nearly unanimous agreement among various political factions that these laws have not served their purpose, are outdated and unrealistic, and have caused the state to spend millions of dollars for the incarceration of relatively minor offenders, without putting a drug kingpin in jail and without making a dent in the substance abuse problem\u201d). Based upon the Sixth Amendment right to a jury trial on factual issues, such as those involved in applying the Guidelines, The Supreme Court struck down the mandatory application of the federal sentencing guidelines in United States v. Booker, 543 U.S. 220 (2005). In so doing, the Court emphasized that \u201cdistrict courts, while not bound to apply the Guidelines, must consult those Guidelines and take them into account when sentencing.\u201d In view of the mathematically calibrated, extremely detailed nature of the Guidelines, it remains unclear to what extent Booker will cure the problem of over-determinacy in criminal sentencing. 28See John F. Wirenius Model of Discretion: New York\u2019s \u201cInterests of Justice\u201d Dismissal Statute, 58 Alb. L. Rev. 175 (1994). For a state-by-state analysis, see Sheila Kles, How Much Further is the Furtherance of Justice, 1989 Ann. Survey Am. L. 413. 29N.Y. Crim. Proc. L. \u00a7\u00a7170.40(1) (governing misdemeanor cases); 210.40(1)(governing felony cases). The factors, codified from decisional law, range from the seriousness and circumstances of the offense, to the presence of any exceptionally serious misconduct on the part of law enforcement, and the purpose and effect of imposing upon the defendant a sentence authorized for the offense. See Wirenius, supra note 26 at 202. Page 12 of 88 Standards partake of the virtue of recognizing that the limits of human foresight prevent us from envisioning every circumstance which a law might need to cover, even when we allow for the recognition of the unusual or even aberrational case. In the context of criminal law, some states have recognized this, and have created a \u201csafety valve\u201d allowing the court to dismiss an otherwise proper criminal case , based upon a finding that the dismissal is warranted to serve the \u201cinterests of justice.\u201d28 New York State\u2019s statutory scheme allows a defendant, regardless of guilt, to make a motion for dismissal based on the interests of justice, and instructs the court to \u201cexamine, collectively and individually,\u201d a series of factors, no one of which need be found to exist in order to grant the motion.29 The purpose of this motion\u2013called a \u201cClayton motion\u201d by practitioners after the decision that introduced some of the factors later codified by the Legislature\u2013is to \u201callow the 30People v. Davis, 286 N.Y.S.2d 396, 400 (Sup. Ct. N.Y. Co. 1967). The decision introducing the factors was People v. Clayton, 41 A.D.2d 204, 342 N.Y.S.2d 106 (2d Dep\u2019t 1973). See Wirenius, supra note 27 for the evolution of the factors, and a discussion of how they have been applied by lower courts and the resultant scrutiny by appellate courts of the lower court decisions. As argued in that article, the Appellate Division in reviewing Clayton dismissals by the state trial courts have employed the language of \u201cabuse of discretion\u201d review, but have reversed more freely than is normal with such a normally deferential standard of review. Rather, the Appellate Divisions have reversed dismissals in the interest of justice based on mere disagreement with the weighing of the factors by the trial court, a review more akin to de novo review, confined to purely legal determinations. 58 Alb. L. Rev. at 210-222. For a more recent example of the same phenomenon, see People v. Rahmen, 302 A.D.2d 408, 754 N.Y.S.2d 553 (2d Dep\u2019t 2002), app. den., 99 N.Y.2d 657, 760 N.Y.S.2d 122 (2003), in which the Court in reversing a Clayton dismissal stated simply that \u201cwe are not persuaded that the interest of justice was served by the dismissal of the indictment in this case,\u201d and characterized the decision below as \u201cimprovident.\u201d Notably lacking from the decision was any discussion of the deference due the lower court, what (if any) of the enumerated factors the Court had over or under estimated, or any other claim of abuse of discretion. Mere disagreement with the determination appears to be enough to warrant a reversal. Again, this patent discomfort with conclusions reached under a standard, and the swiftness with which reversal can ensue, illustrates quite vividly the difficulties inherent in applying a multi-factor balancing test. 31HOLMES LAW, supra at 150. Page 13 of 88 letter of the law to gracefully and charitably succumb to the spirit of justice.\u201d30 Yet, in many cases, the intermediate appellate courts have reversed these dismissals, not because of any error of law or methodology, but because the judges on appeal reached a different view of the equities on the merits. It is fair to say that judges are not entirely comfortable with standards and their innate fluidity. Professor Oliver Wendell Holmes, giving the lectures that became The Common Law, spoke at length about the negligence standard, which asks \u201cwhat a prudent man would do under given circumstance.\u201d In answering this question, Holmes looks to the \u201cteachings of experience\u201d and concludes that as these teachings\u2013and thus the legal standard as applied\u2013\u201care matters of fact, it is easy to see why the jury should be consulted as to them.\u201d31 Yet when confronted with a new 32 Baltimore & Ohio Railroad Co. v. Goodman, 275 U.S. 66, 67 (1927). Several years later, his successor on the Supreme Court, Benjamin Nathan Cardozo, applied a standard\u2013the negligence standard so ably defended by Holmes in 1881. Pokora v. Wabash Railroad Co., 292 U.S. 98, 105-106 (1934). 3342 U.S.C. \u00a72000-e (2)(a)(1). 34For a discussion of the initial efforts to apply Title in the sexual harassment context, see Catharine A. MacKinnon, Sexual Harassment in (1987) at 103-116; see also, Page 14 of 88 application of the negligence test, to a new technology, the automobile, Justice Holmes reached for a rule, holding that the driver must in every instance stop at the crossing, and visually inspect the railroad tracks outside of her car.32 So too the New York intermediate appellate courts have not accorded discretionary dismissals of criminal indictments the usual deference appellate courts normally extend to rulings of mixed questions of fact and law, but have felt free to reverse where the judges simply reached a contrary conclusion in an independent weighing of the required factors admittedly employed by the lower court. Finally, Hart\u2019s insight that standards and rules tend to bleed into one another is of paramount importance. For just as the tension between standards and rules illuminates the tension between the hostile work environment doctrine and the First Amendment, the \u201copen texture\u201d of rules and the finitude of standards provide a meeting place to reconcile these two legal imperatives. III. Standards At Work: Title and Hostile Work Environment Title of the Civil Right Act of 1964 makes it \u201can unlawful employment practice for an employer . . . to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of that individual\u2019s race, color, religion, sex, or national origin.\u201d33 After a period in which lower courts reached often inconsistent understandings of the scope of the protection against sexual harassment,34 the Supreme Court clarified that the Reva B. Siegel, Introduction Short History of Sexual Harassment, in (2004). While not a systematic marshaling of the cases, Professor MacKinnon\u2019s account provides a useful view of the process by which it came to be accepted in something like its present day form from one of the architects of the cause of action. See Burlington Industries v. Ellereth, 524 U.S.742, 752 (1998) (stating that \u201cthe terms [hostile work environment and quid pro quo sexual harassment] first appeared in the academic literature,\u201dand citing (1979)). 35Meritor, 477 U.S. at 64. 36Id.; quoting, Los Angeles Dept. of Water and Power v. Manhart, 435 U.S. 702, 707, n. 13 (1978). The Court in Manhart itself took the language employed from Sprogis v. United Air Lines, 444 F.2d 1194, 1198 (7th Cir. 1971). 37Manhart, supra note 7. 38Meritor, 477 U.S. at 65. Page 15 of 88 discrimination proscribed by the statute \u201cis not limited to \u2018economic\u2019 or \u2018tangible\u2019 discrimination.\u201d35 Rather, the language of the statute \u201cevinces a congressional intent to \u2018strike at the entire spectrum of disparate treatment of men and women in employment.\u2019\u201d36 Thus, the Meritor Court concluded, the statute\u2019s prohibition extends beyond the obvious differential pay or benefits,37 and even beyond so-called quid pro quo sexual harassment, and \u201cincludes requiring people to work in a discriminatorily hostile or abusive environment.\u201d38 Of course, the parameters of what is needed to establish a hostile work environment are the essence of the protection\u2013the broader the definition extends, the more protective the statute is of employees, but also the more speech that is likely to be barred, and thus the more stark the potential conflict between the statute and the First Amendment. In Meritor, the Court offered some but not much amplification on the scope of the prohibition, stating that \u201cwhen the workplace is permeated with \u2018discriminatory intimidation, ridicule, and insult,\u2019 that is \u2018sufficiently severe or pervasive to alter the conditions of the victim\u2019s employment and create an abusive working environment,\u2019 Title 39Harris v. Forklift Systems, 510 U.S. 17, 21 (1993) (summarizing and quoting Meritor, 477 U.S. at 65, 67). 40As Justice Scalia noted in concurring in Harris, the terms \u201cabusive\u201d work environment and \u201chostile\u201d work environment have been uniformly treated as synonymous. 510 U.S. at 24-25 (Scalia, J., concurring). 41Harris, 510 U.S. at 20, quoting record below (editing signs omitted); citing Rabidue v. Osceola Refining Co., 805 F.2d 611, 620 (6th Cir. 1986), cert. denied, 481 U.S. 1041 (1987) (requiring such a showing); Vance v. Southern Bell Telephone& Telegraph Co., 863 F.2d 1503, 1510 (11th Cir. 1989) (same); Downes v. FAA, 775 F.2d 288, 292 (D.C. Cir. 1984)(same); and Ellison v. Brady, 924 F.2d 872, 877-878 (9th Cir. 1991) (rejecting such a requirement). 42Harris, 510 U.S. at 21. Page 16 of 88 is violated.\u201d39 Aside from the circularity of the standard\u2013an \u201cabusive\u201d workplace exists where the objectionable conduct reaches the point that it becomes \u201cabusive\u201d\u2013the definition left open several issues.40 The Court\u2019s blanket statement that \u201cmere utterance of an . . . epithet which engenders offensive feelings in an employee\u201d is insufficient to impact work conditions and create a hostile work environment suggested that some balance would be pitched between the values of free expression and that of workplace (and thus economic) equality. In Harris v. Forklift Systems, Inc., the Court reaffirmed Meritor and answered some of the questions left open by that decision. The primary issue decided by the Court in Harris was whether a plaintiff was required, as some circuit courts had held, to establish that the level of the hostility was such that it \u201cmust seriously affect an employee\u2019s psychological well-being or lead the plaintiff to suffer injury.\u201d41 The Court rejected this requirement, holding that the rule in Meritor, \u201cwhich we reaffirm today, takes a middle path between making actionable any conduct that is merely offensive and requiring the conduct to cause a tangible psychological injury.\u201d42 The Court in Harris explained its standard in terms of what was not included: Conduct that is not severe or pervasive enough to create an 43Harris, 510 U.S. at 21-22. 44Harris, 510 U.S. at 22. 45Id. Justice O\u2019Connor also went on to note that the description in Meritor of the \u201cappalling conduct alleged in Meritor...merely present some especially egregious examples of harassment. They do not mark the boundary of what is actionable.\u201d Id. Page 17 of 88 objectively hostile or abusive work environment\u2013an environment that a reasonable person would find hostile or abusive\u2013is beyond Title VII\u2019s purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim\u2019s employment, and there is no Title violation.43 In Justice O\u2019Connor\u2019s opinion for the Court in Harris, she noted that \u201cTitle comes into play before the victim has a nervous breakdown,\u201d and stated that a \u201cdiscriminatorily abusive work environment, even one that does not seriously affect employees\u2019 psychological well-being, can and often will detract from employees\u2019 job performance, discourage employees from remaining on the job, or keep them from advancing in their careers.\u201d44 Additionally, Justice O\u2019Connor noted that even apart from these tangible effects, the fact that \u201cthe discriminatory conduct was so severe or pervasive that it created a work environment abusive to employees because of their race, gender, religion, or national origin offends Title VII\u2019s broad rule of workplace equality.\u201d45 This is not, \u201cand by its nature cannot be, a mathematically precise test,\u201d Justice O\u2019Connor admitted, although she did try to provide some guidance: whether an environment is \u201chostile\u201d or \u201cabusive\u201d can be determined only by looking at all the circumstances. These may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee\u2019s work performance. The effect on the employee\u2019s psychological well-being is, of course, relevant to determining whether the plaintiff actually found the environment abusive. But while psychological harm, like any other relevant factor, may be taken into account, no single factor 46Harris, 510 U.S. at 23 (emphasis added). 47Oncale v. Sundowner Offshore Services, 523 U.S. 75, 81 (1998); see also Faragher v. City of Boca Raton, 524 U.S. 775, 788 (1998). 48Faragher, 528 U.S. at 788 (quoting Oncale, 523 U.S. at 82; 42 U.S.C. \u00a72000-e). 49Id. (internal citations omitted); citing LAW, 175, 805-807, n. 290 (1992); Carrero v. New York City Housing Authority, 890 F.2d 569, 577-578 (2d Cir. 1989); Moylan v. Maries County, 792 F.2d 746, 749-750 (8th Cir.1986). 50523 U.S. at 79-80 (\u201cTitle prohibits discrimination because of sex in the terms and conditions of employment. Our holding that this includes sexual harassment must extend to sexual harassment of any kind that meets the statutory requirements\u201d). Page 18 of 88 is required.46 A. Applying the Factors: The Supreme Court Elaborates In subsequent decisions, the Court has \u201cemphasized\u201d that \u201cthe statute does not reach genuine but innocuous differences in the ways men and women routinely interact with members of the same sex and of the opposite sex.\u201d47 \u201crecurring point in these opinions is that \u2018simple teasing,\u2019offhand comments, and isolated incidents (unless very serious) will not amount to discriminatory changes in the \u2018terms and conditions of employment.\u2019\u201d48 These standards: for judging hostility are sufficiently demanding to ensure that Title does not become a general civility code. Properly applied, they will filter out complaints attacking \u201cthe ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender- related jokes, and occasional teasing.\u201d We have made it clear that conduct must be extreme to amount to a change in terms and conditions in employment, and the Courts of Appeals have heeded this view. 49 The Oncale Court, in an opinion by Justice Scalia, rejected the employer\u2019s argument that liability under Title for a hostile work environment could not be found where the harrasser and the victim were of the same gender.50 In reaching this conclusion, the Court was unmoved by the 51523 U.S. at 80. 52523 U.S. at 80 (emphasis in original; editing and quotation marks omitted). 53523 U.S. at 80. 54523 U.S. at 80, quoting, Harris, 510 U.S. at 23 (Ginsburg, J., concurring). 55523 U.S. at 80-81. Page 19 of 88 employer\u2019s contention that \u201crecognizing liability for same-sex harassment will transform Title into a general civility code for the American workplace.\u201d51 Noting that the same risk existed whatever the respective genders of harrasser and victim, the Court found that such risk \u201cis adequately met by careful attention to the requirements of the statute. Title \u201cdoes not prohibit all verbal or physical harassment in the workplace; it is directed only at discrimination because of sex.\u201d52 Indeed, the Court went on to state, \u201c[w]e have never held that workplace harassment, even harassment between men and women, is automatically discrimination because of sex merely because the words used have sexual content or connotations.\u201d 53 Rather, the \u201ccritical issue, Title VII\u2019s text indicates, is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.\u201d54 This understanding of the limits of Title informs the limitations of hostile work environment doctrine. Thus, the Oncale Court required that discriminatory intent be established, whether the harrasser and the victim are members of the same gender, or not; a woman hostile to the presence of other women in the workplace, or sexual harassment by a homosexual supervisor whose advances are rebuffed are equally but no more credible than the traditional male-female harassment.55 In each case, sex as the motivating factor must be pleaded and proven. The requirement that conduct be severe or pervasive is likewise related to the language of 56523 U.S. at 81. 57523 U.S. at 81, quoting Harris, 510 U.S. at 23. 58Oncale, 523 U.S. at 81. 59523 U.S. at 81-82. Page 20 of 88 Title on the theory that \u201cto ensure that the courts and juries do not mistake ordinary socializing in the workplace\u2013such as male-on-male horseplay or intersexual\u2013for discriminatory conditions of employment.\u201d56 Another factor that acts to limit the scope of the doctrine is the requirement that the \u201cobjective severity of harassment be judged from the perspective of a reasonable person in the plaintiff\u2019s position, considering all the circumstances.\u201d57 This requirement mandates \u201ccareful consideration of the social context in which particular behavior occurs, and is experienced by its target.\u201d58 The Court provided an example professional football player's working environment is not severely or pervasively abusive, for example, if the coach smacks him on the buttocks as he heads onto the field--even if the same behavior would reasonably be experienced as abusive by the coach's secretary (male or female) back at the office. The real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed. Common sense, and an appropriate sensitivity to social context, will enable courts and juries to distinguish between simple teasing or roughhousing among members of the same sex, and conduct which a reasonable person in the plaintiff's position would find severely hostile or abusive.59 The Court relied, as seen above, on lower courts and on the Courts of Appeals, to distinguish between changed terms and conditions of employment predicated on sex and \u201cgenuine but innocuous differences in the ways men and women routinely interact with members of the same sex 60523 U.S. at 81. 61523 U.S. at 81. 62National Rail Road Passenger Corp. v. Morgan, 536 U.S. 101, 115 (2002) (quoting 1 348-349 (3d ed.1996) (\u201cThe repeated nature of the harassment or its intensity constitutes evidence that management knew or should have known of its existence\u201d)). 63Id. 64Id. Page 21 of 88 and of the opposite sex.\u201d60 In so doing, it explicitly found that the \u201cprohibition of harassment on the basis of sex requires neither asexuality nor androgyny in the workplace.\u201d61 Thus far, limits on the scope of the hostile work environment doctrine have been set forth, to make clear the contours of what is to be held to First Amendment scrutiny. However, an extension of the doctrine should be noted, one which expresses the nature of what constitutes a hostile work environment and helps define the nature of the speech impacted and how that speech is impacted. The Court has evinced a recognition that a hostile work environment claim is analytically \u201cdifferent in kind from discrete acts\u201d of discrimination, in that \u201cthe unlawful employment practice therefore cannot be said to occur on any particular day.\u201d62 Rather, \u201c[i]t occurs over a series of days or perhaps years and, in direct contrast to discrete acts, a single act of harassment may not be actionable on its own.\u201d63 Such claims are therefore \u201cbased on the cumulative effect of individual acts.\u201d64 In keeping with this recognition, the Supreme Court has treated such claims differently for purposes of administering the requirement that the plaintiff \u201cfile a charge with the Equal Employment Opportunity Commission (EEOC) either 180 or 300 days \u2018after the alleged unlawful 65Morgan, 536 U.S. at 105, quoting 42 U.S.C. \u00a72000-e-5(e)(1). The varying time period is to allow parties to avail themselves of available state remedial procedures; in \u201ca State that has an entity with the authority to grant or seek relief with respect to the alleged unlawful practice, an employee who initially files a grievance with that agency must file the charge with the within 300 days of the employment practice; in all other States, the charge must be filed within 180 days.\u201d 536 U.S. at 109, summarizing \u00a72000-e-5(e)(1). Failure to timely file mandates dismissal of any subsequent claim under Title VII. Id. 66Morgan, 536 U.S. at 117. 67Id. 68217 F. Supp.2d 280 (N.D.N.Y.2002) (Munson, J.) (Granting defendants\u2019 motion for summary judgment), rev\u2019d, 352 F.2d 733 (2d Cir.2004); see also Hayut v. State University of New York, et al., 127 F. Supp.2d 333 (N.D.N.Y. 2000) (Hurd, J.) (dismissing in part complaint). Page 22 of 88 employment practice occurred.\u2019\u201d65 Because a \u201chostile work environment claim is comprised of a series of separate acts that collectively constitute one \u2018unlawful employment practice,\u2019\u201d66 \u201c[t]he timely filing provision only requires that a Title plaintiff file a charge within a certain number of days after the unlawful practice happened. It does not matter, for purposes of the statute, that some of the component acts of the hostile work environment fall outside the statutory time period.\u201d67 B. Seeking a Rule: Lower Courts\u2019 Efforts to Objectify The multi-factor, holistic analysis mandated by the Supreme Court in evaluating hostile work environment claims has, it is fair to say, occasioned some level of discomfort in the district courts and courts of appeals as they seek to apply this standard to actual fact patterns. Several strategies have evolved as courts have sought to cabin the scope of the doctrine by finding objective criteria to establish a \u201cfloor\u201d for the imposition of liability. One such strategy is the imposition or adoption of a numerical analysis. In Hayut v. State University of New York,68 the district court sought to quantify the extent to which the actions alleged to create a hostile learning environment actually impacted upon the plaintiff\u2019s educational 69352 F.2d at 738-739 (summarizing record below). 70352 F.3d at 739. Page 23 of 88 experience. In Hayut, the plaintiff was in fall of 1998 a transfer student from a local community college to the State University of New York\u2019s (\u201cSUNY\u201d) campus located in New Paltz. Ms. Hayut registered for two political science courses with Professor Alex Young, only to find herself used by Young as a foil for classroom \u201dhumor\u201d predicated on her alleged physical resemblance to Monica Lewinsky, whose dalliance with then-President William Clinton was prominent in the news. Professor Young nicknamed Hayut \u201cMonica\u201d and made \u201cother comments as well . . . [which] added context to the nickname by associating Hayut with the more sordid details of the Clinton/Lewinsky scandal.\u201d69 As the Court of Appeals summarized the harassing comments: Specifically, Professor Young referred to some of Clinton\u2019s more notorious conduct, including \u201chow was your weekend with Bill?,\u201d which question Hayut claims he asked virtually every Tuesday morning class session. In addition to this \u201cweekend\u201d comment, Professor Young also told Hayut to \u201cbe quiet, Monica will give you a cigar later.\u201d Hayut testified that the \u201ccigar\u201d comment was uttered twice during the Fall 1998 semester, once in her afternoon class period with Professor Young (after he had observed Hayut talking to another student during a lecture), and the second in the very next morning class session. Finally, Professor Young observed to Hayut, in front of her peers, that \u201cyou are wearing the same color lipstick that Monica wears.\u201d Hayut testified at her deposition that these specific comments by Professor Young\u2013particularly the \u201ccigar\u201dcomments by Professor Young\u2013evoked shock and disbelief from students in the class.70 Further, Young \u201cwould occasionally, in dramatic fashion, attempt to locate Hayut in the classroom by sitting in front of his desk and screaming the name \u2018Monica.\u2019 Hayut testified that the \u2018Monica\u2019 comments occurred at least once per class period throughout the rest of the semester and 71352 F.3d at 738. 72Id. 73Id. 74352 F.3d at 739; see Hayut, 217 F. Supp.2d at 284. 75352 F.3d at 739. 76352 F.3d at 742. 77Id. Page 24 of 88 persisted even in her absence.\u201d71 Additionally, on one occasion, Young greeted Hayut as \u201cMonica\u201d outside of the class, as they passed each other in the hall.72 Hayut \u201cinitially laughed at the nickname, rolled her eyes, or simply shrugged her shoulders,\u201d passing the comments off; however, at some time in the semester, Hayut requested that Young cease.73 Moreover, \u201con at least one occasion in the middle of the semester, Professor Young\u2019s comments upset her to the point that she began crying and walked out during his lecture.\u201d74 Hayut claimed to suffer from humiliation as a result of these comments, loss of sleep and loss of ability to focus on her studies. She further feared that further developments in the Clinton/Lewinsky scandal would inspire Young to new comments at her expense. Further, Young\u2019s \u201cMonica\u201d references \u201cled other students\u2013primarily male\u2013to address her as Monica in a ridiculing manner outside of class.\u201d75 After Hayut complained to the administration, she \u201csimply stopped attending classes,\u201dwhich \u201cled to her receiving failing grades in all courses for that semester.\u201d76 Hayut eventually transferred to Pace University, but was first required to complete a year of remedial education.77 In evaluating these facts on the defendants\u2019 motion for summary judgment, the district court 78217 F. Supp.2d at 287. The district court\u2019s choice of phrasing is interesting, in that it suggests a feeling that plaintiff had been disingenuous in presenting her case; the Court of Appeals, noted, however, that \u201cYoung does not dispute that he addressed Hayut as \u2018Monica\u2019 or that he made the other \u2018Monica\u2019 comments. He stated that the comments were intended to be taken in a joking manner but, later, characterized them as a form of discipline.\u201d 352 F.3d at 745. In view of this concession (not explicitly alluded to in the district court opinion), this veiled hostility to the plaintiff seems plainly unwarranted. 7950 F.3d 428, 430 (7th Cir. 1995). 80217 F. Supp.2d at 287. Page 25 of 88 analyzed the frequency of the comments. Judge Munson first reduced the number of relevant days involved in the semester, deducting the time periods in which no incidents occurred, or in which either party was not present: Plaintiff attempts to create an appearance of pervasiveness by asserting that Prof. Young frequently called her \"Monica\" and made \"Monica-related comments\" through the entire Fall 1998 semester. However, according to plaintiff's own deposition testimony, Prof. Young did not start calling her \"Monica\" until the third week of classes. Furthermore, plaintiff missed two and a half weeks of classes for her brother's bar mitzvah in October. Finally, in the beginning of November, Prof. Young missed one full week of classes to make a trip to Japan. Considering that there are approximately 14 weeks in each semester, the inappropriate conduct could have occurred only for about half of the semester. Taking all the evidence into account, the court finds that alleged conduct constitutes sporadic and infrequent contact which is insufficient to establish a hostile environment claim.78 Judge Munson attempted to justify his mathematical approach by citing Baskerville v. Culligan International, Inc,79 described as \u201cholding that nine comments over a seven month period could not \u2018reasonably be thought to add up to sexual harassment.\u2019\u201d80 In Baskerville, however, there were eight specific, one-time instances and one category of reiterated occasional comments; 8150 F.3d at 430. While the opinion in Baskerville takes rather a diminishing view of the conduct alleged, one must admire Judge Posner\u2019s pithy and no doubt rather bruising description of the alleged harasser\u2019s repartee as having \u201cthe sexual charge of an Abbott and Costello movie.\u201d Id. 82352 F.3d at 746. This \u201c\u2018rigid calculate and compare\u2019 methodology was rejected on two grounds: first, it was not appropriate because of the proper role of courts in evaluating a summary judgment motion which is to \u201cconstrue all facts and draw all inferences in the light most favorable to the nonmovant,\u201d in order to determine if a reasonable jury could find in favor of the plaintiff. 352 F.3d at 746. Additionally, the computational analysis of the district court was independently rejected on the grounds that, as the Supreme Court had stated in Harris, \u201chostile environment is not, and by its nature cannot be, a mathematically precise test.\u201d Id., quoting 510 U.S. at 22. 83217 F. Supp.2d at 287-288. Again, the actual statistics deployed by Judge Munson to establish that the conduct alleged (and conceded) failed to amount to proscribed harassment seem to be susceptible to a reading far more favorable than that employed by the district court; Page 26 of 88 frequency was deemed \u201crelevant\u201d but was not the crux of the decision.81 On appeal, the Second Circuit \u201creject[ed] the district court\u2019s attempt to employ a mathematical equation of sorts to calculate the number of instances of misconduct in order to show that Professor Young\u2019s behavior did not pervade and color the classes throughout the entire semester.\u201d82 similar instance of computational analysis by the district court in Hayut was the comparison between the plaintiff\u2019s mediocre performance at New Paltz prior to the harassment\u2019s beginning, and her similar performance at Pace subsequent to her transfer: Even though plaintiff alleges that her educational experience was disrupted, her allegations are not supported by the submitted evidence. Plaintiff's cumulative during her community college enrollment and before enrolling at New Paltz was 2.38. While at New Paltz, plaintiff earned a 2.09 GPA. Subsequent to her enrollment at New Paltz, plaintiff's was 2.5 after her first semester at Pace University. Considering that plaintiff's grades at New Paltz were consistent with the grades that she received at her community college, as well as with those she earned at Pace, a reasonable jury, based on this information alone, may not conclude that alleged conduct interfered with plaintiff's educational progress or academic performance.83 On a 4 point grading scale, Ms. Hayut\u2019s performance declined .29\u2013nearly one-third of a full point, and then after she transferred from New Paltz rose again, from 2.09 to 2.5\u2013.41 of a point. While the decline and subsequent rise may not be as steep as the court might have found to be sufficient to predicate damages, it is difficult to call these differences nugatory. 84Alfano v. Costello, 294 F.3d 365, 381 (2d Cir. 2002). 85217 F.3d 141 (2d Cir. 2000). 86Alfano, 294 F.2d at 380, summarizing Howley, 217 F.3d at 148, 154-155. Page 27 of 88 Despite the unequivocal words from the Court that no single factor need be established in order to prove the existence of a hostile work environment, the lower court in Hayut drew support from decisions suggesting that an impact on job performance (or educational performance) was needed to show the existence of a hostile work environment. At least one decision, in finding the evidence of a hostile work environment insufficient as a matter of law, \u201cemphasized that there is no incident here of such severity and character as to itself subvert the plaintiff\u2019s ability to function in the workplace.\u201d84 In that case, a female corrections officer claimed that a series of sexually-themed \u201cpranks\u201d and remarks, combined with other personnel actions, constituted sexual harassment. The jury awarded the plaintiff emotional damages based on her hostile work environment claim, but the Court of Appeals reversed. While the Court of Appeals did scrutinize the evidence in conjunction with the factors enumerated by Justice O\u2019Connor in Harris and found it lacking, the Court compared the facts presented with a case in which liability was upheld, Howley v. Town of Stratford.85 In that case, \u201ca woman firefighter was subjected to a sexually explicit and degrading barrage of insult, delivered in front of her subordinates by a firefighter who later resisted orders from Howley and spread rumors questioning her competence.\u201d86 Whereas the Howley Court found that a rational juror \u201ccould view 87Howley, 217 F.3d at 154. 88Alfano, 294 F.3d at 380. 89Fitzgerald v. Henderson, 251 F.3d 345, 357-358 (2d Cir. 2001) (distinguishing between constructive discharge and hostile work environment). 90Fitzgerald, 251 F.3d at 358. To make out a claim sounding in constructive discharge, \u201cthe trier of fact must be satisfied that the working conditions would have been so difficult or unpleasant that a reasonable person in the employee\u2019s shoes would have felt compelled to resign.\u201d Id.; quoting Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 73 (2d Cir. 2000). 91See note 15, supra. Page 28 of 88 such a tirade as humiliating and as resulting in an intolerable alteration of Howley\u2019s working conditions,\u201d87 the Court in Alfano drew a different conclusion: Corrections officers [like firefighters] also work in an environment that can pose physical dangers and requires trust and confidence among co-workers. But Alfano has not pointed to any conduct that endangered her or her authority in a way that would drive her from a perilous employment. She was simply embarrassed on a handful of occasions by the boorish behavior of one or more unidentified co- workers, and by one fellow officer who made a dumb joke.88 The court in Howley, by seeming to require that the \u201calteration\u201d of working conditions be \u201cintolerable\u201d suggests that a hostile work environment cannot be found except where the evidence would support a constructive discharge\u2013that is, a finding that the \u201cemployer, rather than directly discharging an individual, intentionally creates an intolerable work atmosphere that forces an employee to quit involuntarily.\u201d89 The threshold of proof is higher, as the nature of the concepts suggests, to establish a constructive discharge than to establish a hostile work environment, and evidence that fails to establish the former may make out the latter.90 The Second Circuit\u2019s statement in Howley may be written off, as Justice O\u2019Connor wrote off a similar one in Meritor, as a description of particularly egregious facts.91 However, the analysis 92Apparently, this phrase was originated by Chief Justice John Marshall in Livingston & Gilchrist v. Maryland Insurance Co., 7 Cranch (11 U.S.) 506, 537 (1813); it has been adopted by, among many others, Joseph Story. See Proprietors of the Charles River Bridge v. Proprietors of the Warren River Bridge, 36 U.S. 420, 611 (1837) (Story, J., dissenting). 93Gregory v.Daly, 243 F.3d 687, 693 (2d Cir. 2001); Brennan v. Metropolitan Opera Association, Inc., 192 F.3d 310, 319 (2d Cir. 1999) (no rational trier of fact could find hostile work environment created by sexually provocative pictures and lewd banter where plaintiff presented no evidence that either hampered her job performance). See also Figueroa v. New York City Department of Sanitation, 118 Fed. Appx 524 (2d Cir. 2004)(upholding dismissal of claim where \u201callegations do not meet the Alfano threshold for frequency and severity\u201d). 94See, e.g., Fitzgerald, 251 F.3d at 358; Whidbee, 223 F.3d at 70; Torres v. Piasno, 116 F.3d at 632 (\u201cHarassed employees do not have to be Jackie Robinson, nobly turning the other cheek and remaining unaffected in the face of constant degradation. They are held only to a standard of reasonableness\u201d). Page 29 of 88 in Alfano suggests a genuine inclination to limit hostile work environment claims\u2013else the distinction made at some length by the court would be the classic \u201cdistinction without a difference.\u201d92 In at least two other cases, the Second Circuit has suggested that the proof of a hostile work environment requires some showing that the conduct complained of \u201cdirectly interfered with [the plaintiff\u2019s] ability to do her job.\u201d93 This requirement of a concrete impact, however, does not require that such impact be intolerable; other decisions have been rendered by the Second Circuit in which it has clearly rejected the conflation of a hostile work environment claim with a constructive discharge, or even the adoption of a requirement that the hostile work environment impact the plaintiff\u2019s job performance.94 Thus, in Whidbee, the Court squarely rejected the contention that conduct was not severe or pervasive because it did not render the plaintiffs' jobs \u201cunendurable\u201d or \u201cintolerable.\u201d The bar is not set so high, however. 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 95223 F.3d at 70 (emphasis in original). See also Hayut v. State University of New York, 352 F.3d at 748-749, in which the court, rejected a defendant\u2019s claim in a Title case that the plaintiff\u2019s similar academic performance before and after the alleged harassment established as a matter of law that no hostile work environment existed, and reiterated that \u201c[i]n order to be actionable, conduct need not be \u2018unendurable\u2019 or intolerable\u2019\u201d (quoting Whidbee). 96 See Harvill v. Westward Communications, LLC, 433 F.3d 428 (5th Cir. 2005); Worth v. Tyler, 276 F.3d 249, 268 (7th Cir. 2001). 97 See, e.g., Mendoza v. Borden, Inc., 195 F.3d 1238, 1247 (11th Cir. 1999) (numerically quantifying incidents and threat levels posed thereby); McKinnis v. Crescent Guardian, Inc., 2005 U.S. Dist 11564 (E.D. La. June 9, 2005), rev\u2019d, 2006 U.S. App 17050 (5th Cir. July 7, 2006)(finding insufficient numerosity and severity of incidents; reversed for isolating incidents); Cerros v. Steel Technologies, Inc., 398 F.3d 994 (7th Cir. 2005)(reversing, for a second time, district court finding that plaintiff had failed to make out cause of action based on hostile work environment). Page 30 of 88 conditions of her employment altered for the worse.95 The courts have, however found that a single incident may, if it is of sufficient severity, alone act to establish a hostile work environment\u2013although much dispute exists about the level of severity required.96 This focus on one circuit\u2019s struggling with the tension between the desire to reduce the hostile work environment\u2019s broad and more than slightly abstract standard to a rule, is illuminating, if slightly parochial. As New York State appellate courts have resisted deferring to lower courts\u2019 statutory discretion in deciding Clayton motions, federal district courts have resisted applying wide- ranging discretion accorded them in administering the hostile work environment standard. This resistance has led to reversals, some quite clearly correct, others based on unexplained subjective disagreements, by the appellate courts.97 Pirouettes of a similar nature can be seen within other circuits, and support the same point: finding the existence of a hostile work environment requires applying a series of factors, no one of which is dispositive, and the weighing of each can vary 98A good example of this can be seen in Mack v Mobile Aerospace Engineering, Inc., 2006 U.S. App 19470 (11th Cir. July 31, 2006) at 18-20, in which the court finds sufficient facts to state a claim for a hostile work environment, distinguishing Mendoza, supra note 96, and stating that a hostile work environment may be proven through \u201cvery few\u201d incidents. While the district court, like that in Hayut viewed each incident in isolation, atomizing the conduct complained of and then dismissing the sufficiency of each, the Court of Appeals properly reverted to the contextual perspective required. However, the Court of Appeals\u2019 effort to distinguish Mendoza is quite vague, and provides the lower court no real substantive guidance, beyond the error in methodology reflected in isolating incidents. In McKinnis, supra note 96, the Court of Appeals similarly reverses a District Court grant of summary judgment to an employer, on the ground that the facts could support the existence of sufficiently severe harrassive acts, contrasting two precedents, Shepherd v. Comptroller of Public Accounts, 168 F.3d 871 (5th Cir. 1999), in which the alleged conduct was deemed insufficient, and Harvill v. Westward Communications, LLC, 433 F.3d 428 (5th Cir. 2005), in which it was deemed sufficient. The McKinnis court is not terribly helpful in reconciling the two precedents, stating merely that \u201cthe facts in this case fall much closer to those in Harvill, where there was an actionable hostile work environment, than Shepherd, where there was not.\u201d 2006 U.S. App 17050. 99352 F.3d at 745. 100U.S. Const. Amend (1791). Page 31 of 88 dramatically from case to case.98 \u201cGenerally speaking,\u201das the Second Circuit opined in Hayut, \u201cthis analysis is fact-specific and therefore . . . is best left for trial.\u201d99 Regardless, the varying weight each of the factors may be accorded by a different trier of fact and law in varying circumstances does not, absent infringement of a constitutional right, render the hostile work environment doctrine arbitrary or capricious; other legal doctrines require a multi-factor analysis and are accepted as valuable components of the legal system, as when the breadth of interests to be served cannot be confined within a rule. And the Supreme Court has resisted these efforts to redefine the hostile work environment doctrine along more rule-like contours. III. Rule of Law: The First Amendment in Operation The First Amendment\u2019s guarantee of freedom of speech is set forth in seemingly stark, absolute terms: \u201cCongress shall make no law . . . abridging the freedom of speech.\u201d100 The Supreme 101FIRST at 72, et seq. 102R.A.V. v. City of St. Paul, 505 U.S. 377, 382-383 (1991). The reference to this distinction adhering in 1791 is incorrect; the lower-value category of speech doers not enter the jurisprudence until Chaplinsky v. New Hampshire, 341 U.S. 568 (1942). Prior to the Twentieth Century, caselaw existed strongly suggesting that Congress was completely disabled from legislating restrictions on speech, but that the states had, prior to the adoption of the Fourteenth Amendment, plenary power over speakers within their jurisdiction. See United States v. Cruikshank, 92 U.S. 542, 552 (1875); Ex Parte Jackson, 96 U.S. 727 (1877); see at 20-25; 72, et seq. Page 32 of 88 Court has not applied a uniform rule to all varieties of speech, as the text of the Amendment would seem to require. Rather, the jurisprudence \u201callows for the suppression of some speech without any but the most cursory judicial review, holds the suppression of other kinds of speech up to mild scrutiny, and exposes a third set of speech categories to very exacting scrutiny indeed.\u201d101 The Court\u2019s jurisprudence of free speech has been somewhat lacking in consistency, and in rationality, but a generalized approach may be teased from the cases. The \u201ctwo-track\u201d theory, that which essentially governs today, distinguishes between protected speech and \u201clower value\u201d speech: The First Amendment generally prevents government from proscribing speech, or even expressive conduct, because of disapproval of the ideas expressed. From 1791 to the present, however, our society, like other free but civilized societies, has permitted restrictions on speech in a few limited areas, which are \u201cof such slight social value as a step to truth that any benefit that may derived from them is clearly outweighed by the social interest in order and morality.\u201d We have recognized that \u201cthe freedom of speech\u201d referred to disregard these traditional limitations. Our decisions since the 1960'shave narrowed the scope of the traditional categorical exceptions for defamation and obscenity, but a limited categorical approach has remained an important part of our First Amendment jurisprudence.102 These categories, however, are not the essence of the First Amendment; rather, the general rule is found in Terminiello v. Chicago, \u201cfreedom of speech, though not absolute, is nevertheless 103337 U.S. 1, 4 (1949) (internal citation omitted) (citing Chaplinsky v. New Hampshire, 315 U.S. 568, 571-572 (1942); Bridges v. California, 314 U.S. 252, 262 (1941); Craig v. Harney, 331 U.S. 367, 373 (1949). 104\u201c\u2018Communication that does no more than propose a commercial transaction\u2019 is commercial speech.\u201d Bland v. Fessler, 88 F.3d 729, 738 (9th Cir. 1996), quoting Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748, 762 (1973). Upon a finding that speech falls within this definitional category, the Court applies a balancing test to proposed regulations of commercial speech: In commercial speech cases, then, a four-part analysis has developed. At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading. Next, we ask whether the asserted governmental interest is substantial. If both inquiries yield positive answers, we must determine whether the regulation directly advances the governmental interest asserted, and whether it is not more extensive than is necessary to serve that interest. Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, 447 U.S. 557, 566 (1980); 44 Liquormart v. Rhode Island, 517 U.S. 484, 500, n. 8 (1996) (Stevens, J., for plurality) (reaffirming validity of Central Hudson test); Greater New Orleans Broadcasting Association v. United States, 527 U.S. 173, 184-189 (1999) (summarizing and applying Central Hudson test to federal prohibitions on broadcast advertisements for gambling). Under the Central Hudson test, \"the First Amendment does not protect commercial speech about unlawful activities.\" 44 Liquormart, 517 U.S. at 497, n. 7; In re Orthopedic Bone Screw Products Liability Litigation, 193 F.3d 781, 793 (3rd Cir. 1999) (same; citing, inter alia, Pittsburgh Press Co. v. Pittsburgh Comm\u2019n on Human Relations, 413 U.S. 376 (1973) (same). Even the seemingly clear definitional category of speech proposing a commercial transaction has been subject to some uncertainty. Commercial speech is \u201cbroadly defined as expression related Page 33 of 88 protected against censorship or punishment, unless shown likely to produce a clear and present danger of a substantive evil that rises far above public inconvenience, annoyance, or unrest.\u201d103 However, with the core speech receiving maximal protection, and the so-called Chaplinsky categories receiving none, an intermediate level of protection, involving a standard-like balancing test, has crept into the jurisprudence, applied to commercial speech, a hybrid class of speech not treated as either \u201ccore\u201d speech or low-value speech.104 to the economic interests of the speaker and its audience, generally in the form of commercial advertisement for the sale of goods and services.\u201d In re Orthopedic Bone Screw Products, 193 F.3d at 793 (quoting U.S. Healthcare, Inc. v. Blue Cross of Greater Philadelphia, 898 F.2d 914, 933 (3d Cir. 1990); Bad Frog Brewery, Inc. v. New York State Liquor Authority, 134 F.3d 87, 94-97 (2d Cir. 1998) (same; discussing nature of commercial speech). As summarized by the Second Circuit: The \u201ccore notion\u201d of commercial speech includes \u201cspeech which does no more than propose a commercial transaction.\u201d Bolger [v. Youngs Drug Products Corp., 463 U.S. 60,] 66 (citations and internal quotations omitted). Outside of this so-called \u201ccore\u201d lie various forms of speech that combine commercial and noncommercial elements. Whether a communication combining those elements is to be treated as commercial speech depends on factors such as whether the communication is an advertisement, whether the communication makes a reference to a specific product, and whether the speaker has an economic motivation for the communication. See id. at 66-67. Bolger explained that while none of these factors alone would render the speech in question commercial, the presence of all three factors provides \"strong support\" for such a determination. Id.; see also New York State Association of Realtors, Inc. v. Shaffer, 27 F.3d 834, 840 (2d Cir. 1994) (considering proper classification of speech concerning commercial and noncommercial elements). Bad Frog, 134 F.3d at 26. In applying these factors to speech that combines commercial and non-commercial elements, the Second Circuit also looks to whether \"the purported noncommercial message is so inextricably intertwined with the commercial speech as require a finding that the entire [speech] must be treated as \"pure\" speech.\" Bad Frog, 134 F.3d at 27, quoting Board of Trustees of the State University of New York v. Fox, 492 U.S. 469, 474 (1989). It is not enough to remove a communication from the realm of commercial speech and its lesser protection that the communication \"link a product to a current debate.\" Id. (quoting Central Hudson, 447 U.S. at 563, n. 5). 105Pickering v. Bd. of Education, 391 U.S. 563 (1968); see also, Garcetti v. Ceballos, 547 U.S. ___ (2006); Waters v. Churchill, 511 U.S. 661 (1994); Connick v. Myers, 461 U.S. 138 (1983). 106See Rowan v. United States Postal Service, 397 U.S. 728 (1970), recently followed in National Coalition of Prayer, Inc. v. Carter, 455 U.S. 783 (7th Cir. 2006) (applying Rowan despite more recent decisions affording greater protection to commercial speech; upholding state Page 34 of 88 Two other, limited, areas exist in which the Supreme Court has articulated a role for balancing analysis: speech by employees of the federal, state or local government, whose speech only receives protection if it relates to matters of public concern and the value of the speech outweighs the potential for disruption in the workplace or on the performance of the employer\u2019s mission,105 and prevention by unwilling recipients of unsolicited commercial mailings of an erotic nature.106 Because these particular scenarios involve voluntary affiliation of the individual with the restrictions on telephone solicitors as applied to religious charity). As point out in the text, without endorsing the logic of Rowan, the Court in the instance of the voluntary employee and the unwilling recipient has a genuine conflict of rights to address, and not the question of to what extent the government may restrict the rights of the public at large. 107Locurto v. Giuliani, 447 F.3d 159, 173 (2d Cir. 2006). In the interests of full disclosure, the author, as an Assistant Corporation Counsel, represented the City of New York and then-mayor Rudolph Giuliani in pre-trial proceedings in this case. 108In Garcetti, supra, 547 U.S. at ___, the Supreme Court upheld the termination of an assistant district attorney for writing a memorandum to his superiors in which he sought to alert them to improper conduct in the course of an investigation. The Court intimated that the result would have been different had Ceballos been acting in his private capacity, publishing the wrong-doing outside of the confines of the District Attorney\u2019s office, thus paradoxically incentivizing employees to go forward with revelations that could bring their offices into disrepute. Yet, the reasonable potential for disruption when such is the case has been cited to Page 35 of 88 Government\u2013the speaker who has accepted government employment, the mailbox holder who affirmatively requests that specified materials be denied access to her home\u2013each makes a choice that draws her into a closer relationship with the Government than that of denizen-at-large. However, it should be noted that the efforts to create a workable balance between the rights of public employees to speak freely and the right of the public employer to preserve the efficiency of the workplace has not resulted in clear lines of authority that give the speaker clear guidance as to what she may with safety say. As one court has acknowledged, because the First Amendment\u2019s protections: must reconcile our dual traditions of at-will employment and of robust license to speak freely without Government sanction, neat doctrinal boxes are of unusually limited usefulness single, mechanical test will not do for a salmagundi of challenges, involving both on- and off-duty speech, job-related and not, spoken in protest, for laughs, or, as often, just because.107 As a result, the decisions in public employee cases often seem perverse, or penalize sincere employees addressing unquestioned matters of public concern, but who did not reach the same solution in the utilitarian calculus as the reviewing court, often years after the speech in question.108 affirm the dismissal of employees whose function it is (like an attorney) to appear on behalf of a larger body and present a case for that body. See Lewis v. Cowen, 165 F.3d 154 (2d Cir. 1999). In Locurto, supra note 106 the speech took place in 1998; its status as constitutionally unprotected was not resolved until eight years later, when the Second Circuit in 2006 reversed the District Court\u2019s finding that the speech was protected. 447 F.3d at 173, et seq. 109See, e.g., Dennis v. United States, 341 U.S. 494, 517, 542-545 (1951) (Frankfurter, J., concurring) (agreeing with Court\u2019s ruling to uphold convictions of Communist Party leaders for \u201ccriminal syndicalism\u201d and advocating multiple variable, case-by-case balancing test approach to free speech claims); Beauharnais v. Illinois, 343 U.S. 250 (1952) (opinion per Frankfurter, J.) (applying balancing approach to uphold criminal prohibition against hate speech\u2013there denominated \u201cgroup libel\u201d); Winters v. New York, 333 U.S. 507, 527 (1948) (Frankfurter, J., dissenting, advocating use of a \u201crational basis\u201d review of state decisions to ban or punish speech, determining the rationality of the decision by a deferential balancing test). After an extended period following Brandenburg v. Ohio, supra note 24, in which balancing logic has not been employed in First Amendment cases, a new wave of scholars have advocated balancing speech interests against other policy interests. See, e.g., Richard Delgado, Toward a Legal Realist View of the First Amendment, 113 Harv. L. Rev. 778 (2000); see also (1995). 110532 U.S. 514, 535-536 (Breyer, J., concurring). Page 36 of 88 Some Supreme Court justices and scholars have argued that this wide range of approaches reflects the inevitable failure of any effort to treat so broad a set of issues as those presented by freedom of speech in a \u201crule\u201d fashion, and have argued for a standard approach instead, arguing for a pragmatic weighing of the estimated value of speech to society as against the speech\u2019s foreseeable potential for harm.109 It is possible that generalized balancing logic may be in the process of staging a comeback in the First Amendment sphere. In a concurring opinion in Bartnicki v. Vopper,110 Justice Stephen Breyer applied a balancing test to address whether the airing by the media of cell phone conversations intercepted in violation of federal and state wiretapping statutes could be redressed through a civil suit for damages. Justice Breyer framed the proper analysis as examining two speech-related interests, both 111532 U.S. at 536 (Breyer, J., concurring). 112Id. 113Id. (internal quotation marks omitted). Justice Breyer quotes his own previous concurrences in Turner Broadcasting System, Inc. v. Federal Communications Commission, 520 U.S. 180, 227 (1997)(Breyer, J., concurring in part) and Nixon v. Shrink Missouri Government PAC, 528 U.S. 377, 402 (2000) (Breyer, J., concurring). 114532 U.S. at 541 (Breyer, J., concurring). 115For an analysis that\u2013rightly, in my view\u2013deems this decision to be one of a series of opinions by Justice Breyer that has the potential to re-introduce a holistic balancing test to First Amendment analysis and to replace the more classic rule-driven approach in force since Brandenburg, see Paul Gewirtz, \u201cPrivacy and Speech,\u201d 2001 Sup. Ct. Rev. 139, 189-199 (2002 agree with Professor Gewirtz\u2019s contention that Justice Breyer is \u201cdeveloping the most important new ideas about the First Amendment since Justices Brennan and Black.\u201dId. at 198. Unlike Professor Gewirtz who welcomes the revival of balancing logic view it as ill-founded and remarkably dangerous, for the reasons explained in the text. Page 37 of 88 of which he found of constitutional order: the \u201cstatutes directly interfere with free expression in that they prevent the media from publishing information,\u201d but serve to \u201cprotect personal privacy\u201d and serve \u201cthe interest in fostering speech,\u201d by vindicating the expectation that private conversations would remain so.111 Justice Breyer stated that in view of \u201cthese competing interests, on both sides of the equation, the key question becomes one of proper fit.\u201d112 Justice Breyer suggested that the question should be posed as \u201cwhether the statutes strike a reasonable balance between their speech- restricting and speech enhancing consequences.\u201d113 In performing that balancing test, Justice Breyer wrote that the Court \u201cshould avoid adopting overly broad or rigid rules, which would unnecessarily restrict legislative flexibility.\u201d114 Justice Breyer\u2019s new approach115 issues a blank check to the judiciary, especially in that he permits a holistic weighing of values not created by constitutional provisions\u2013such as privacy against intrusions by private individuals as was at issue in Bartnicki\u2013to, where appropriate in his 116Professor Gewirtz makes this point as well, although he does so approvingly. 2001 Sup. Ct. Rev. at 173-174. Professor Gewirtz argues, quite convincingly, that Justice Breyer is generalizing from the individual fact-patters presented by the cases he cites to a more general impatience with the doctrinal complexity of First Amendment law. 117478 U.S. 328 (1986). 118517 U.S. 484, 510-514 (1996). Rubin v. Coors Brewing Co., 514 U.S. 476 (1995) was also in tension with Posadas, although the result was less clearly contradictory. 119 527 U.S. 173, 184-189 (1999). Page 38 of 88 view, outweigh the actual provisions of the Constitution, the freedom of the press secured by the First Amendment.116 The slipperiness of balancing is well exemplified by the Court\u2019s equivocation as to the extent of protection to be afforded commercial speech, the one area in which holistic balancing is allowed based solely on the content of the speech. So, for example, the Court adopted a paternalistic standard of review in Posadas de Puerto Rico Association v. Tourism Co.,117 permitting a ban on casino advertising limited to residents of Puerto Rico, while permitting similar advertisements directed at tourists, only to jettison the holding and the reasoning of the case in 44 Liquormart v. Rhode Island.118 The overruling of Posadas was reaffirmed, and the results concurred in by Chief Justice Rehnquist, the author of the Court\u2019s opinion in Posadas, were finally jettisoned by the Court in Greater New Orleans Broadcasting Association v. United States.119 While the interests involved may be less personally fraught than those of the victims of the Blacklist, whose persecution was legitimized under Dennis, the commercial speech debacle of the 1990s is another embarrassing failure of balancing methodology in the First Amendment context. In view of the repeated failure of balancing tests in American history to secure freedom of speech, the appeal of bright lines in First Amendment jurisprudence cannot be easily rejected; the 120See, e.g., Minersville School Dist. v. Gobitis, 310 U.S. 586 (1940)(upholding rule requiring children to recite Pledge of Allegiance over claims that such compulsion required Jehovah\u2019s Witnesses to violate their understanding of the Biblical admonition against worshiping idols), overruled by, W. Va. Bd. of Educ. v. Barnette, 319 U.S. 624 (1943); see also, Dennis, supra, adopting a balancing test to establish \u201cclear and present danger\u201d in a much weaker form than that created by Justice Oliver Wendell Holmes, overruled by Brandenburg, supra. See at 56-60. This had happened, of course, shortly after the Supreme Court first crafted the \u201cclear and present danger\u201d approach to free speech question; it collapsed into a ban of any speech found to have a \u201cbad tendency,\u201d allowing each of the factors of the Holmes test to be reduced to a jury question of fact, and thus allowing public hostility to socialism during the height of the Red Square to determine the fate of socialists charged under the Espionage Act with speech hostile to World War I. See, e.g., Schaefer v. United States, 251 U.S. 466 (1920); Pierce v. United States, 252 U.S. 239, 250 (1920). Similarly, the Supreme Court, under the approach in Dennis, allowed the Red Scare of the post-war era to spread to include loyalty investigations inside government and out. See (1980) 61, et seq.; see generally (1970 (1988); Frank Strong, \u201cFifty Years of Clear and Present Danger,\u201d 1969 Sup. Ct. Rev. 41 (1970). The controversy attached to the topic of the speech seems to sometime impact the result in cases where bright lines do not apply with full force, as in the context of government- sponsored speech. Compare, Rust v. Sullivan, 505 U.S. (1991) (upholding federal regulation limiting advice doctors may provide patients in federally funded programs to exclude discussion of abortion options) with Legal Services Corp. v. Velasquez, 531 U.S. 533 (2001) (striking as unconstitutional similar regulation limiting advice attorneys employed by federally funded programs may provide their clients). Page 39 of 88 uncompromising language of the Amendment, its function as a bulwark against repression in times of crisis, and the ease with which such repression is rationalized in the face of seeming urgency, all militate against subtle, multi-variable equations, which are susceptible to manipulation by judges who desire to reach the \"right\" (that is, politic) result in any given case. Such yielding to the hydraulic pressure to conform which influences all members of society means that these easily manipulable tests are inherently prone to reducing freedom of speech to a mere empty promise.120 Before adverting to the actual rules applied to speech questions by the Supreme Court, one fact should be pointed out: the application of several distinct rules to different categories of speech, 121FIRST at 72-121. 122A similar problem has been seen in the Court\u2019s occasional conflation of the \u201cstrict scrutiny\u201d analysis applied to equal protection questions and the Brandenburg test presently applied to speech admittedly at the core of First Amendment protection. See Simon and Shuster v. Crime Victims Bd., 502 U.S. 105, 127 (1991) (Kennedy, J., concurring) (noting application of this analysis to restriction on speech of convicted criminals by majority, and deploring as leading potentially to \u201cad hoc balancing\u201d of speech by judges); Burson v.Freeman, 504 U.S. 191, 211- 214 (Kennedy, J., concurring). 123See Gompers v. Bucks Stove & Range Co., 221 U.S. 418 (1911) (upholding labor injunction against boycott on theory that First Amendment does not afford protection to words used in such circumstances where the \u201cbecome what have been called verbal acts and as much subject to injunction as the use of other force whereby property is unlawfully damaged.\u201d See also, Roth v. United States, 354 U.S. 476, 514 (1957) (Douglas, J., dissenting) (recasting verbal act concept as \u201cspeech brigaded with action\u201d). For a more extended discussion see at 122-181. For a different view, see Eugene Volokh, Speech as Conduct, Conduct as Speech: Generally Applicable Laws, Illegal Courses of Conduct, \u201cSituation Altering\u201d Utterances, and the Uncharted Zones, 90 Corn. L. Rev. 1277 (2005). Page 40 of 88 while pernicious and without textual or logical foundation,121 does not reduce the First Amendment to a standard. Rather, several distinct rules are presently applied to speech questions, depending upon the category of speech that is drawn into question. Justice Breyer, in seeking to reinvigorate the holistic balancing test employed in Dennis and Beauharnais, as well as in \u201cbad tendency\u201d cases like Schaefer and Pierce, is seeking a dramatic change of approach, one which would greatly empower the judiciary to advance the speech of which it approves and regulate that which it does not.122 In striving to draw bright lines to protect freedom of speech, the Supreme Court has adopted various strategies, some more convincing than others. Perhaps the most viable, however, is the notion of the \"verbal act\" or \"speech brigaded with action,\" a concept that has persisted in the jurisprudence since its beginning.123 The verbal act approach to free speech claims avoids many of the difficulties posed by other interpretative approaches to the First Amendment, and commanded 124395 U.S. at 447-448. The Court predicated its ruling both on the right to free expression and the right of free assembly; even if the expressive conduct was not the target of the criminal syndicalism statute under which Frank Brandenburg and his fellow Ku Klux Klansmen had been charged, statutes impacting free assembly \u201cmust observe the established distinctions between mere advocacy and incitement to imminent lawless action \u2018[because]. . . [t]he right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental.\u201d 395 U.S. at 449 n. 4 (quoting DeJonge v. Oregon, 299 U.S. 353, 364 (1937). See also United States v. Cruikshank, 92 U.S. 542, 552 (1876); Hague v. CIO, 307 U.S. 496, 513, 519 (1939 v. Alabama ex rel. Patterson, 357 U.S. 449, 460-461 (1958). 125Brandenburg, 395 U.S. at 456 (Douglas, J., concurring). 126Id. Page 41 of 88 a court in Brandenburg v. Ohio, the leading case on the line between protected and proscribable advocacy or depiction of unlawful conduct. In Brandenburg, the Supreme Court reaffirmed the principle that: The constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. As we said in Noto v. United States, \u201cthe mere abstract teaching of the moral propriety or even moral necessity or a resort to force and violence, is not the same as preparing a group to violent action and steeling it to such action.\u201d124 Justice Douglas, who had lost faith in the \u201cclear and present danger\u201d test, urged the Court to explicitly endorse his rubric that only \u201cspeech brigaded with action,\u201da variant of the \u201cverbal act formulation\u201d could be subject to liability.125 As Douglas phrased it, the \u201cline between what is permissible and not subject to control and what may be made impermissible and subject to regulation is the line between ideas and overt acts.\u201d126 Taking the infamous example of clearly regulable speech as \u201cthe case of one who falsely shouts fire in a crowded theatre,\u201d Justice Douglas 127Id. (Douglas, J., concurring) (citing Speiser v. Randall, 357 U.S. 513, 536-537 (1958). The \u201cfire\u201d hypothetical was first employed by Justice Holmes in Schenck v. United States, 249 U.S. 47, 52 (1919). Holmes employed the hypothetical as a means for cautiously delineating the outer limits of protected speech. Id. He then backed into a more difficult but still self-evident class of plainly unprotected speech, the \u201cuttering [of] words that have all the effect of force.\u201d Id. at 52 (citing Gompers, 221 U.S. at 419). For a more extended discussion of these issues, see at 27-36. 128Brandenburg, 395 U.S. at 456-457. For confirmation that the Court in Brandenburg adopted Justice Douglas\u2019s position, see Hess v. Indiana, 414 U.S. 105, 107-108 (1973); Ashcroft v. Free Speech Coalition, 535 U.S. 234, 252-243 (2002). 129The first decisions to accord any level of substantive protection to speech, as opposed to merely prohibiting punishment prior to publication, each involved subversive advocacy. In the factual circumstances in each of the cases, the Court found that subversive advocacy which led to no discernible danger nonetheless constituted a \u201cclear and present danger\u201d of resultant lawless action which the government was entitled to prevent, and thus upheld convictions under the federal Espionage Act. See Schenck, 249 U.S. at 47; Debs, 249 U.S. at 215-216; Frohwerk, 249 U.S. at 208-209; see also at 29-36. Page 42 of 88 described it as a \u201cclassic case of speech brigaded with action.\u201d127 Douglas in addressing the \u201cfire\u201d example explained that the misleading cry and the resultant dangerous chaos were \u201cindeed inseparable and a prosecution can be launched for the overt acts actually caused.\u201d128 The evolution of the basic rule governing speech cases through the vehicle of government response to \u201csubversive advocacy,\u201d extending to violent rhetoric, seems on the surface anomalous; and yet such speech is and always has been at the core of the First Amendment\u2019s jurisprudence. The regulation of speech based on its message, where that message consists of advocacy of unlawful conduct, raises problems which the regulation of other forms of speech, which have been brushed away as being of \"low value\" does not. As a matter of history, the regulation of such advocacy, particularly when it is tied to a political message, has consistently been treated as implicating the fundamental values of freedom of speech.129 The fact that such questions were the crucible in which the contours of the First Amendment 130 Village of Euclid v. Ambler Realty, Co., 272 U.S. 365, (1926); applied to zoning in the First Amendment context in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 446 (Kennedy, J., concurring). Page 43 of 88 were forged is not merely adventitious, a result of the happenstances attending case-by-case litigation. Rather, the historical primacy for speech exhorting to violation of the law violation makes logical sense, as well, protecting the very urging of revolt and revolution the Framers of the Constitution engaged in leading up to and through the Revolutionary Era. Thus, the tradition of violent rhetoric and hyperbole, the centrality of the American tradition of civil disobedience to various struggles for liberation, and our own revolutionary past, position such speech at the core of the First Amendment\u2019s protections. The Brandenburg verbal act approach does not, however have a complete monopoly on how speech questions are evaluated. The Chaplinsky exceptions (categories deemed \u201clow value\u201d), and the hybrid class of commercial speech have been drawn upon by those who seek to square the regulation of a hostile work environment with the imperatives of the First Amendment. In addition to deploying these extant classes of more regulable speech, some advocates have urged the creation of a new category of lesser-value speech. Finally, one effort to avoid acknowledging the existence of a First Amendment problem at all is to depict the prohibition of a hostile work environment as not a content-based regulation, but rather as a \u201ctime, manner, place\u201d restriction analogous to zoning, and other permissible infringements on the individual\u2019s right to self-expression in a specific fact-driven context while leaving ample opportunity for such expression where it does not present the problem of \u201cthe right thing in the wrong place\u2013like a pig in the parlor, and not in the barnyard.\u201d130 Each of the scholars who argue for the constitutionality of the hostile work environment 131505 U.S. 377, (1992) (striking as unconstitutional an ordinance regulating \u201cfighting words\u201d that \u201carouses anger, alarm, or resentment in others on the basis, of race, color, creed, religion or gender,\u201d on the basis that, while \u201cfighting words\u201d may be regulated in general, such regulation must be done in a viewpoint neutral manner, and not favor one viewpoint over another. Recently, the Court distinguished R.A.V., upholding the creation of an offense predicated on cross-burning when done in circumstances such as to constitute a \u201ctrue threat\u201d\u2013that is, a verbal act. Virginia v. Black, 538 U.S. 343 (2003). Whether Virginia v. Black serves as an instance of the \u201cverbal act\u201d applied or as a rubric for the reintroduction of viewpoint discrimination remains unclear at this writing; however, it may best be seen as limited to the \u201ctrue threat\u201d situation, as the Court went to some lengths to suggest. 132526 U.S. 629, 665, 682 (1999)(Kennedy, J., dissenting, joined by Rehnquist, C.J. and Scalia and Thomas, JJ). Page 44 of 88 doctrine therefore attempt to base their arguments in terms of the line drawn by the Court in Brandenburg, reject that line, or redraw a different line, one that supplements the Brandenburg line. Some scholars have blinked at the question, seeking to carve out a new category of \"low value\" speech, thereby ignoring that the increasing permeability of the First Amendment to such ipse dixit approaches renders the doctrine progressively diluted, and in the last analysis, meaningless No Controlling Authority: The Supreme Court\u2019s Unanswered Question The Supreme Court has not, as of this writing, explicitly ruled on the existence or extent of a conflict between the hostile work environment doctrine and the First Amendment. Several decisions have touched upon the matter, but the Court\u2019s statements on the matter have been thus far limited to caveats, allusions or a plurality\u2019s expression of doubt as to the constitutionality of the scope of the doctrine as the lower courts have enunciated it. Thus, in R.A.V. v. City of St. Paul,131 the Court in dicta gave the example of speech constituting a hostile work environment as speech likely to be found outside the ambit of the First Amendment. Similarly, the four dissenters in Davis v. Monroe County Board of Education,132 expressed concern that the scope of the cause of action extends to protected speech. 133Roberts v. United States Jaycees, 468 U.S. 609, 622-623 (1984). 134468 U.S. at 626. 135Id. at 628. 136Id. at 628. 137Id. 623. Page 45 of 88 Less directly, the Court upheld the application of state anti-discrimination law to require that women be admitted to full membership in the United States Jaycees, instead of the more limited \u201cassociate membership\u201d which they were allowed to hold.133 The Jaycees claimed that their expressive association was founded with the ideal of \u201cpromoting the interests of young men\u201d by assisting them in acquiring leadership skills and networking.134 The Court, in an opinion by Justice Brennan, rejected the First Amendment defense, holding instead that the presence of women members need not \u201cchange the content or impact of the organization\u2019s speech,\u201d and that the contention that female members might wish to see the message and efforts of the Jaycees expand to the benefit of other women rested \u201csolely on unsupported generalizations of the relative interests and perspectives of men and women . . . [that] may or not have a statistical basis.\u201d135 Thus, Justice Brennan concluded (rather disingenuously, even from the perspective of an admirer), the First Amendment was not implicated, and no conflict needed to be resolved.136 Justice Brennan went on to address the First Amendment associational rights of the Jaycees members, stating that \u201cwe are persuaded that Minnesota's compelling interest in eradicating discrimination against its female citizens justifies the impact that application of the statute to the Jaycees may have on the male members' associational freedoms.\u201d137 The Court explained that while: 138468 U.S. at 628; citing, Runyon v. McCary, 427 U.S. 160, 175-176 (1976); N.A.A.C.P. v. Claiborne Hardware Co., 458 U.S. 886, 907-908 (1982). 139468 U.S. at 628-629 (internal quotation marks omitted)(quoting City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 810 (1984). 140 530 U.S. 640, 657 (2000). 141481 U.S. 537 (1987) (upholding state public accommodation law to Rotary Club\u2019s exclusion of women over First Amendment challenge). Page 46 of 88 enforcement of the Act causes some incidental abridgment of the Jaycees' protected speech, that effect is no greater than is necessary to accomplish the State's legitimate purposes. As we have explained, acts of invidious discrimination in the distribution of publicly available goods, services, and other advantages cause unique evils that government has a compelling interest to prevent--wholly apart from the point of view such conduct may transmit. Accordingly, like violence or other types of potentially expressive activities that produce special harms distinct from their communicative impact, such practices are entitled to no constitutional protection.138 \u201cIn prohibiting such practices,\u201d the Court concluded, \u201cthe Minnesota Act therefore responds precisely to the substantive problem which legitimately concerns the State and abridges no more speech or associational freedom than is necessary to accomplish that purpose.\u201d139 The precedential reach of Roberts is unclear; in Boy Scouts of the United States of America v. Dale,140 the Court distinguished Roberts and a similar decision, Board of Directors of Rotary Intern. v. Rotary Club of Duarte,141 and declined to uphold the application of public accommodation laws predicated on an anti-discrimination rationale to require expressive associations to admit homosexuals. Notably, the Court did analogize prevention of discrimination against homosexuals to the legitimate state interest of preventing discrimination against women involved in Roberts and Duarte. The Court recited that \u201cthe freedom [of association] could be overridden by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be 142530 U.S. at 648. 143530 U.S. at 659 similar ruling in Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, 515 U.S. 557 (1995), in which the right of St. Patrick\u2019s Day parade organizers to control their message (including a hostility to homosexuality) was held to trump the right of a gay, lesbian and bisexual group to march under their own banner in the parade, under public accommodation law, prefigured the Court\u2019s decision in Dale. However, Hurley was technically consistent with Roberts and Duarte; the expressive content of the parade, and thus the organizers\u2019 ability to limit the topics and viewpoints of participants endorsed by the organizers was directly involved, a factual distinction the Court unconvincingly found to not apply in Roberts or Duarte. 144530 U.S. at 646. 145For an excellent account of these cases suggesting that Dale significantly vitiates the precedential impact of Roberts, see David E. Bernstein, Antidiscrimination Laws and the First Amendment, 66 Mo. L. Rev. 83 (2001). Mark Tushnet\u2019s analysis of Dale concludes that \u201c[p]robably because Dale is another of the Chief Justice\u2019s terse opinions, the precise scope of the right of expressive association remains to be determined.\u201d Mark Tushnet, Vouchers After Zelman, 2002 Sup. Ct. Rev. 1, 25 (2003). Page 47 of 88 achieved through means significantly less restrictive of associational freedoms.\u201d142 However, in distinguishing Roberts and Duarte, the Court explained that \u201cin each of these cases we went on to conclude that the enforcement of these statutes would not materially interfere with the ideas that the organization sought to express.\u201d In Dale, by contrast, the Court determined that \u201ca state requirement that the Boy Scouts retain Dale as an assistant scoutmaster would significantly burden the organization's right to oppose or disfavor homosexual conduct.\u201d143 In Dale, the Court acknowledged that the \u201cforced inclusion of an unwanted person in a group infringes the group's freedom of expressive association if the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints.\u201d144 Taking the decision at its word, the decision in Dale appears to represent a clear retreat from Roberts\u2019 First Amendment holding.145 The Jaycees (and the Rotarians involved in Duarte) wished to control their message by controlling their membership. So too the Boy Scouts wished to accomplish the same goal by the 146See Paul v. Watchtower Bible & Tract Society, 819 F.2d 875. 880-883 (9th Cir.), cert. denied, 484 U.S. 926 (1987) (dismissing claim sounding in intentional infliction of emotional distress based on \u201cshunning\u201d of \u201cdisassociated\u201d former member of Jehovah\u2019s Witnesses sect on basis that free exercise clause protected such conduct); Grunwald v. Bornfreund, 696 F. Supp. 838 (E.D.N.Y. 1988) (applying Paul to action seeking a writ of prohibition against rabbinical council seeking to excommunicate plaintiff, on the basis that such conduct was privileged under the First Amendment, as long as exclusion from religious community was the only result); see also, Burgess v. Rock Creek Baptist Church, 734 F. Supp. 30, 33-34 (D.D.C. 1990) (following, inter alia, Dowd v. Society of St. Columbans, 861 F. 2d 761, 764 (1st Cir. 1988)); Poindexter v. Armstrong, 934 F. Supp. 1052, 1064 (W.D. Ark., Ft. Smith Div. 1994). Page 48 of 88 same means, but were successful. One can, of course, seek to distinguish the cases. The Court appears to have found in the prohibition of homosexuality a viewpoint that was more than tangential to the Boy Scouts, based upon the organization\u2019s representations to the Court, and to have concluded that where forced association would undermine the ability to hew to that viewpoint, anti-discrimination law cannot apply. This logic is invoked by a line of cases regarding the right of religious groups to decline to associate with individuals they deem to have failed to comport themselves within the standards of behavior required by the group.146 While such cases perform the traditional function of mandating the defender of free speech and free association to stand up for offensive and mean-spirited behavior, the idea of requiring religious congregations and other First Amendment-protected groups to include those who do not believe in or comply with the group ethos would subvert the essence of free association. Roberts and Duarte may be distinguished on the ground that the associations involved were not classically expressive in nature. Rather, they were predominantly networking, charitable, non-sectarian and business-related associations which could be analogized to public accommodations in the interest of \u201cdesegregating\u201d the financial community and leveling the Page 49 of 88 business playing field. In any event, the Court\u2019s opinions in Roberts and Duarte do not in any effective or persuasive way address the First Amendment concerns raised in those decisions. By focusing on the free speech component of the case\u2013the right of the Jaycees and the Rotarians to control their messages, the Court failed to address the free association claims. The Court\u2019s conclusion that an association may be forced to waive its membership criteria without any analysis of the right of free association, has little power to persuade. More to the point, the holdings would be difficult to extend to the context of a ban on workplace speech, since the speech claims were elided on the theory that the ability to communicate a desired mention was not impacted by the regulation in question. In any event, Dale seems to strongly undercut the precedential viability of Roberts and Duarte, and suggest that the hostile work environment doctrine must find support elsewhere. IV. Terra Incognita: The Academy Speculates Various rationales, as indicated above, have been proffered to justify the constitutionality of the hostile work environment doctrine useful breakdown of the most prominent theories is provided by an opponent of all of them: 1. Harassment law is constitutional because speech is already subject to the workplace owner\u2019s control and thus the government should also be free to suppress speech in those private workplaces. 2. Harassment law doesn\u2019t involve state action because it doesn\u2019t itself punish speakers, but only pressures workplace owners into punishing them. 3. Harassment law is content-neutral under the \u201csecondary effects\u201d doctrine and is thus not subject to strict scrutiny. 4. Harassment law is merely part of a ban on discriminatory conduct and thus isn\u2019t really a speech restriction. 5. Harassment law is constitutional because the First Amendment doesn\u2019t 147Eugene Volokh, Freedom of Speech, Religious Harassment Law, and Religious Accommodation Law, 33 Loy. U. Chi. L. Rev. 57, 61 (2001). My employment of Professor Volokh\u2019s summary of the various rationales that have been offered to justify what he rather slightingly terms \u201charassment law\u201d should not be read to imply endorsement of Volokh\u2019s evaluation of the arguments, or of his position. As shown in the text believe that Volokh makes legitimate points with respect to certain arguments, but oversimplifies the positions held by those with whom he disagrees in an effort to disparage their claims. Nonetheless, his simplified rationales do form a useful organizing principle; a similar template from a perspective contrary to Volokh\u2019s is employed by Andrea Meryl Kirschenbaum, Hostile Environment, Sexual Harassment Law and The First Amendment: Can the Two Peacefully Coexist?, 12 Tex. J. Women & Law 67, 71 (2002). Volokh\u2019s categories, while similar to Kirshenbaum\u2019s, are slightly more narrow and defined\u2013seven proposed rationales as opposed to five\u2013and therefore permit greater specificity. 148See at 337-340. Page 50 of 88 protect \u201cinvidious private discrimination,\u201d perhaps because there\u2019s a compelling governmental interest in fighting such discrimination. 6. Harassment law is constitutional because the government has a free hand in restricting speech when necessary to protect \u201ccaptive audiences,\u201d such as employees.147 To which should be added (and must confess some surprise that this point has not been argued more often by others), 7. The Equal Protection Clause of the Fourteenth Amendment, and Title as \u201cappropriate legislation\u201d to enforce it, are a constitutional counterweight to the First Amendment in this context.148 Under these seven headings\u2013understanding that they are phrased by Professor Volokh in a manner calculated to suggested that the rationales are not sufficient to withstand First Amendment analysis\u2013the arguments made by various scholars for the constitutionality of Title VII\u2019s ban of the hostile work environment may be briefly examined. 1. Private Control by Employers Warrants Government Control of Workplace Speech The argument that the extent of employer control of what speech takes place in the 149Several scholars have advanced this argument, including Robert Post, Racist Speech, Democracy and the First Amendment, 32 Wm. & Mary L. Rev. 267, 289 (1991); Rodney A. Smolla, Rethinking First Amendment Assumptions About Racist and Sexist Speech, 47 Wash. & Lee L. Rev. 171, 197(1990); Amy Horton, Comment: Of Supervision, Centerfolds, and Censorship: Sexual Harassment, the First Amendment and the Contours of Title VII, 46 U. Miami L. Rev. 403, 408 (1991). 150See Hurley v. Irish-American Gay, Lesbian and Bisexual Group, 515 U.S. at 569-570 (1995) (\u201ca private speaker does not forfeit constitutional protection simply by combining multifarious voices, or by failing to edit their themes to isolate an exact message as the exclusive subject matter of the speech\u201d); New York Times v. Sullivan, 376 U.S. 264, 265-266 (1964)(editor\u2019s acceptance of paid political advertisement a decision entitled to First Amendment protection); Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241, 258 (1974)(same; compilation of others\u2019 views). Indeed, the entire line of cases called the \u201crefusal to foster\u201d cases make it clear that the First Amendment protects the right of private entities to not further speech of which they disapprove. See, e.g., Wooley v. Maynard, 430 U.S. 705, 714 (1977); United States v. United Foods, Inc., 533 U.S. 405 (2001) (striking as unconstitutional \u201ccompelled speech\u201d a levied sum of money from fresh mushroom handlers to fund generic advertisements promoting mushroom sales); see also, Abood v. Detroit Bd. of Educ., 439 U.S. 209, 234-235 (1977). The line of cases originated in the strikingly more compelling crisis of conscience posed by West Virginia Bd. of Educ. v Barnette, 319 U.S. 624 (1942) (striking as unconstitutional compelled recitation, over religious objection, of Pledge of Allegiance). Page 51 of 88 workplace warrants governmental intervention is predicated on a collapse of the distinction between \u201cprivate\u201d and \u201cpublic\u201d regulation, and is predicated on an assumption that the words of the First Amendment may be disregarded in support of a holistic ideal of the \u201cvalues\u201d which the individual academic or jurist believes the First Amendment serves.149 However, it has long been clear that laws that penalize private speech must comply with the restrictions of the First Amendment, regardless of whether or not other private pressures exist on the speaker. The Supreme Court has reaffirmed that a private entity\u2019s control of other voices engaged in expressive conduct under its rubric does not somehow act to exempt the entity from the First Amendment\u2019s protection.150 This is not to say that critics have no theoretical point whatsoever; more sympathetically 151 Lobosco v. N.Y. Tel. Co./NYNEX, 96 N.Y.2d 312, 316, 727 N.Y.S.2d 383 (2001); following Martin v. N.Y. Life Ins. Co., 148 N.Y. 117, 121 (1895); Horn v. New York Times, 100 N.Y.2d 85, 91-92 (2003); The Second Circuit Court of Appeals has explained the rule pithily, \u201cabsent contrary legislation, a private employer may regulate the workplace environment, hire and fire, and promote as it pleases.\u201d Locurto v. Giuliani, 447 F.3d at ___, citing Cafeteria & Rest. Workers Union v. McElroy, 367 U.S. 886, 897-898 (1961)(contrasting with limits on public employers \u201cthe complete freedom of action enjoyed by the private employer\u201d). See generally Clyde B. Summers, Employment at Will in the United States: The Divine Right of Employers, 3 U. Pa. J. Lab. & Empl. L. 65, 73-74 (2000) (giving examples of courts upholding termination of at-will employees based on their core First Amendment speech); William R. Corbett, The Need for a Revitalized Common Law of the Workplace, 69 Brook. L. Rev. 91, 125-135 (2003) (concluding, id. at 133-134, that \u201cat will employment has withstood the efforts by employment law reformers\u201d); Cynthia Estlund, Rebuilding the Law of the Workplace in an Era of Self-Regulation, 105 Colum. L. Rev. 319, 332-333 (2005) (\u201clegal demands for protection of privacy and dignity on and off the job, and for freedoms of belief, association, and expression at work . . . were up against the venerable doctrine of employment at will, and employers' presumptive power to terminate employment at any time for good reason, bad reason, or no reason at all\u201d; concluding that substantial inroads have been made on employer\u2019s ability to terminate arbitrarily, but that employees remain without meaningful voice in the workplace). According to Corbett, at will employment is the \u201cdefault\u201d position for American employment law. 69 Brook L. Rev. at 133. Corbett\u2019s conclusion was soundly endorsed by the New York Court of Appeals in Horn; see also Scott A. Moss, Where There\u2019s At Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will, 67 U. Pitt. L. Rev. Page 52 of 88 viewed, the argument rests on a contention that the private workplace is not sufficiently a place of individual autonomy to warrant First Amendment protection. In view of the fact that employers have near-absolute authority over what speech they will or will not tolerate, the argument runs, individual rights may even be better protected by the imposition of more fair restrictions on what speech is tolerated than the caprices and prejudices of (it is to be assumed) majoritarian employers. In favor of this theory of regulation, the \u201cat-will\u201d employment doctrine which prevails in almost all jurisdictions in fact does permit employers to terminate employees \u201cfor any reason or for no reason.\u201d151 As a result, there is nothing to prevent employers from terminating employees for 295, 299-300 (2005), stating that the doctrine \u201cis the rule in all states except Montana despite California\u2019s and New Hampshire\u2019s brief flirtations with abandoning it.\u201d However, some states do have some protection for off-duty conduct, or employee speech. See, e.g., N.Y. Labor Law \u00a7201-d (McKinney\u2019s 2006) (protecting off duty conduct). 152Summers, supra note 149 at 73-74. 153See, e.g., Estlund, supra note 150 at 332-333; Moss, supra note 150. Page 53 of 88 what would be, against the government\u2019s efforts to regulate it, clearly protected speech.152 However, in addition to the fundamental flaw of ignoring the First Amendment right to foster only that speech which one approves, the contention proves too much; it would have the paradoxical effect of making private employees more, not less subject to government regulation than are public employees, as there would be, by the embrace of the argument, no restraining First Amendment brake on the regulation of workplace speech. While many private employers exercise their right to terminate employees for controversial speech, not all do;153 creating a uniform rationale that workplace speech is not protected against government regulation would end the admittedly sloppy regime presently in place, but would replace it with a susceptibility to thorough-going, comprehensive government regulation. The lack of First Amendment protection in the workplace would infringe more, not less on the speech rights of workers, unless First Amendment protections were imported as well\u2013in which case, of course, the proposed solution does not even address the problem. 2. Lack of State Action The argument that the state action doctrine does not apply to the hostile work environment cause of action because the liability is not directly imposed on the speaker, but rather upon the employer who is incentivized to use managerial prerogatives to effect equality in the workplace is not worthy of serious concern. It has long been settled that a law which impacts speech by 154New York Times v. Sullivan, 376 U.S. at 265 (\u201ca state rule of law which petitioners claim to impose invalid restrictions on their constitutional freedoms of speech and press. It matters not that that law has been applied in a civil action and that it is common law only, though supplemented by statute . . . . The test is not the form in which state power has been applied but, whatever the form, whether such power has in fact been exercised\u201d), citing Ex Parte Virginia, 100 U.S. 339, 346-347 (1880); American Federation of Labor v. Swing, 312 U.S. 321 (1941). 155760 F. Supp. at 1536. Page 54 of 88 empowering a private party to sue another private party based upon speech implicates state action, and must comport with the limitations of the First Amendment.154 Moreover, the state action requirement is explicit in the text of the First Amendment (\u201cCongress shall make no law . . . abridging the freedom of speech\u201d). Therefore, plans to abolish it can only do so by working violence upon the constitutional text. The only suggestion that renders this proposed justification worthy of serious scrutiny is that one often-cited court decision, that in Robinson v. Jacksonville Shipyards, Inc,155 found that the balancing test used in \u201cthe public employee speech cases lend[s] a supportive analogy\u201d: If this Court\u2019s decree is conceptualized as a governmental directive concerning workplace rules that an employer must carry out, then the present inquiry is informed by the limits of a governmental employer\u2019s power to enforce workplace rules impinging on free speech. In the public employee speech cases, the interests of the employee in commenting on protected matters is balanced against the employer\u2019s interests in maintaining discipline and order in the workplace. When an employee\u2019s exercise of free expression undermines the morale of the workforce, the employer may discipline or discharge or the employee without violating the first amendment. Analogously, the Court may, without violating the first amendment, require that a private employer curtail the free expression of some employees in order to remedy demonstrated harm inflicted on other employees. Well, no. In fact, this statement is extraordinary in that, other than the first clause, properly deeming its order to constitute a \u201cgovernmental directive concerning workplace rules,\u201d it is 156Waters v. Churchill, 511 U.S. 661 (1994); These facts can have a considerable impact, based upon the nature of the statement, and the likelihood of a resultant disruption. Locurto v. Giliani, 447 F.3d at 173. The role of the speaker in the organization is also critical; the more the speaker\u2019s views may be equated with that of the government employer, or may undermine the employer\u2019s ability to perform its mission, the more likely that discipline will be upheld. Id; compare Lewis v. Cowen, 165 F.3d 154 (2d Cir. 1999 similar holistic balancing test is endorsed by many commentators, such as David M. Jaffe, Walking the Constitutional Tightrope: Balancing Title Hostile Environment Sexual Harassment Claims with Free Speech Defenses, 80 Minn L. Rev. 979 (1996 particularly wide-raging articulation of the same idea can be found in (1998). For my evaluation of and response to Abel\u2019s rather peculiar analysis, see John F. Wirenius, The Last Word: Status Conflicts, Individual Autonomy, and Freedom of Speech, 23 Ham. L. Rev. 395 (2000). 157See, e.g., Rankin v. McPherson, 483 U.S. 378 (1987); Jeffries v. Harleston, 52 F.3d 9, 13 (2d Cir.), cert. den., 516 U.S. 862 (1995). Page 55 of 88 otherwise completely incorrect, managing to misstate in one paragraph: (a) what the test relating to public employee speech is, (b) how it is applied, and (c) inferring an analogy to the government regulation of the private sector, despite the fact that the entire government interest legitimating the greater regulation of public employee speech is lacking in the private sector. So many errors in so few sentences is some kind of a remarkable achievement, but scarcely one to be emulated. First, the regulation of public employee speech is, as the Robinson court states, a balancing test, but not a static test with a pre-determined bright-line result. Rather, the test is a fact-specific balancing in which the interest of the employee in communicating the particular speech at issue is weighed against the \u201creasonable potential of disruption\u201dposed by the speech at hand in context.156 The Robinson court, in suggesting that the Supreme Court\u2019s Pickering test requires that any employee speech that may have the effect of undermining morale is subject to discipline, is simply incorrect. The employee\u2019s right to speak must still be weighed against the potential disruption, and where the speech is valuable,157 the employee may yet prevail. So, for example, the whistleblower who reveals systemic corruption and mistreatment of prisoners by correction officers may throw the 158City of San Diego v. Roe, 543 U.S. 77, 84-85 (2004); Locurto, supra note 154. 159Ironically, this articulation appears to have originated with Eugene Volokh, who argues that the First Amendment is violated by the contours of the hostile work environment doctrine. See Volokh, Freedom of Speech and Workplace Harassment, 39 U.C.L.A. L. Rev. 1791, 1809- 1811 (1992). Page 56 of 88 workplace into absolute chaos; the value of the speech, however, is so patently high that any reviewing court would be hard-pressed to support the imposition of discipline. More fundamentally, however, the Robinson court\u2019s assumption of a congruity of interests between the government as employer and the government vis-a-vis private employers is simply wrong; the Supreme Court in finding a brace of interests which must be balanced in the context of public employee speech, explicitly relied upon the government\u2019s interest in acting as an employer, and found that the government has a less leeway to prevent employee speech than does a private employer, because it must honor the First Amendment as well as its interests in workplace efficiency.158 That interest, of course, is what was weighed against the First Amendment interest of the employee speakers, and justified the fact-driven balancing test in such cases. The sole basis justifying government interference, the proprietary interest of the government, is wholly lacking in the context of private employers, and so the Robinson court draws an analogy where the interest justifying regulation is absent, and only the countervailing prohibition is present. Nor does a depiction of the application of Title as merely \u201cincentivizing\u201d employers to promote an egalitarian work environment somehow correct the constitutional infirmity;159 even where the Government employs positive incentives to promote some speech over other speech, such does not constitute an escape clause from the First Amendment. It is certainly true that the Government is permitted to foster speech, and to encourage speech 160See National Endowment for the Arts v. Finley, 524 U.S. 569, 587 (1998); Rust v. Sullivan, 500 U.S. 173 (1991). 161NEA, 524 U.S. at 587-588; Legal Services Corp. v. Velasquez, 535 U.S. 533, 542 (2001). 162Legal Services Corp. v. Velasquez, at 542-544. Page 57 of 88 which communicates messages that are consonant with its values\u2013by subsidy, directly commissioning expressive works, or by providing services and limiting the topics which may be addressed in the context of the provision of services.160 However, even the provision of monies or services with limits cannot be manipulated to become coercive and attempt to drive disfavored ideas from the marketplace.161 Moreover, where the limits in question would unduly circumscribe the nature of the service, such that its very character would be altered, such limits may be deemed violative of the First Amendment.162 Even were the Government to employ a positive incentive, the limits of Finley and Velasquez strongly suggest that the doctrine would not acquire talismanic immunity from First Amendment scrutiny, but could be challenged as an effort to drive ideas out of the workplace. In the case of the hostile work environment doctrine, of course, there is no government benefit being conditioned on compliance with conditions. The \u201cincentivizing\u201d is being done with the stick, not the carrot. As the Supreme Court ruled in New York Times v. Sullivan and Forsyth County, coercive efforts by the government in the realm of speech are not permissible, whatever guise they may adopt. Whether one calls it \u201cincentivizing\u201d or \u201cpunishing,\u201d is not relevant; the underlying reality and not the label controls. 3. Hostile Work Environment as Content Neutral Some defenders of the hostile work environment have claimed that the doctrine should be 163See, e.g., Charles R. Calleos, Title and the First Amendment: Content-Neutral Regulation, Disparate Impact and the \u201cReasonable Person,\u201d 58 Ohio St. L. J. 1217 (1997); Callleros, Title and Free Speech: The First Amendment Is Not Hostile to a Content-Neutral Hostile Work Environment Theory, 1996 Utah L. Rev. 227 (1996); Robinson v. Jacksonville Shipyards, Inc., 760 F. Supp.2d 1486, 1535 (M.D. Fla. 1991 rather skeletal, half-hearted effort to argue that the content-neutrality doctrine may be deployed to square the hostile work environment cause of action with the First Amendment is contained in Kirshenbaum, 12 Tex. J. Women & Law at 67. 164Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). 165City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425, 440-441 (2003) (internal quotation marks omitted) (quoting Renton v. Playtime Theatres, Inc., 475 U.S. 41, 47 (1986)). 166Calleros, 58 Ohio St. L.J. at 1217-1218. Page 58 of 88 analyzed under the more lax level of scrutiny afforded content-neutral regulation.163 \u201cregulation that serves purposes unrelated to the content of expression is deemed neutral, even if it has an incidental effect on some speakers or messages but not others.\u201d164 For a regulation to be deemed to be content neutral \u201crequires courts to verify that the \u2018predominate concerns\u2019 motivating the [regulation] were with the secondary effects of . . . speech, and not with the content of . . . speech.\u201d165 Professor Calleros argues that the hostile work environment doctrine is a content-neutral regulation of speech in that Title \u201cimposes liability not on the basis of the content of harassing speech, but on the basis of a harasser\u2019s selectively targeting one or more members of a protected class for harassment.\u201d166 However, this effort to bring the hostile work environment doctrine within the rubric of the content neutrality doctrine elides the distinction between primary and secondary effects, recently well put by Justice Kennedy: Speech can produce tangible consequences. It can change minds. It can prompt actions. These primary effects signify the power and the necessity of free speech. Speech can also cause secondary effects, however, unrelated to the impact of the speech on its audience 167City of Los Angeles, 535 U.S. 425, 444 (Kennedy, J., concurring). 168Forsyth County, Ga. v. Nationalist Movement, 505 U.S. 123, 134 (1992). Notably, this insight has characterized the jurisprudence of content neutrality since Schneider v. Irvington, 308 U.S. 147 (1939). For a more detailed treatment of the jurisprudence of content neutrality, see Geoffery R. Stone, Content Neutral Restrictions, 54 U.Chi. L. Rev. 46 (1987). More recent developments are discussed in Philip J. Prygoski, Content Neutrality and Levels of Scrutiny in First Amendment Zoning Cases, 25 Whittier L. Rev. 79 (2003). 169On just these grounds, the Third Circuit Court of Appeals, in an opinion by now- Justice Alito, rejected the contention \u201cthat the application of anti-harassment law to expressive speech can be justified as a regulation of the speech\u2019s \u2018secondary effects.\u2019\u201d Saxe v. State College Area School District, 240 F.3d 200, 209 (3d Cir. 2001). Page 59 of 88 newspaper factory may cause pollution, and a billboard may obstruct a view. These secondary consequences are not always immune from regulation by zoning laws even though they are produced by speech.167 Or, as Justice Blackmun phrased it even more pithily, \u201c[L]isteners' reaction to speech is not a content-neutral basis for regulation.\u201d168 And in the case of the hostile work environment, that is exactly what forms the basis of liability: the reaction of the listeners in the work environment, either the plaintiff who is offended, or the co-workers who join in ostracizing and isolating the plaintiff.169 The fact that the listener (if the member of the protected class is indeed the audience) has a negative reaction to the speech, even suffers emotional harm from it, does not render the regulation of such speech somehow content-neutral. So, the infliction of emotional distress on Rev. Jerry Falwell by Larry Flynt\u2019s scabrous Campari ad parody, in which the Reverend was depicted as discussing his \u201cfirst time\u201d\u2013his fictional sexual initiation by his mother as well as his first time sampling Campari\u2013was not deemed a content neutral grounds for regulation, because it was dependent upon the cognitive or emotive response of the audience, whether approving and joining in the horse laugh at Falwell\u2019s expense, disapproving, 170Indeed, the rousing of a hostile reaction and triggering a resultant disturbance was deemed to be one of the means by which speech serves its \u201chigh purpose\u201d in Terminiello v. Chicago, 349 U.S. 1, 10 (1949) (per Douglas, J.). 171For my first effort to draw this distinction, see Wirenius, Giving the Devil the Benefit of Law: Pornographers, the First Amendment, and the Feminist Attack on Free Expression, 20 Ford. Urb. L. J. 27 (1992). Page 60 of 88 or even hurt.170 The point is not merely that precedent clearly bars the application of the content neutrality doctrine to the hostile work environment cause of action, although it clearly does. Rather, the essence of the doctrine does not in fact apply. There is a difference in kind between the problems that may be incurred by the activities through which expression is performed that does not vary based on the content of the speech, and that which is inflicted by the effect of speech upon the auditor.171 The risk to free expression is plainly higher in the second kind of regulation\u2013if persuading people to believe undesirable representations becomes a cognizable cause of action, then freedom of speech becomes freedom in the interstices, freedom to advocate that which society approves or upon which it has not yet reached a negative consensus. While not all content-based restrictions are necessarily invalid, the notions undergirding the content neutrality doctrine are simply inapplicable to the hostile work environment cause of action, and thus the more relaxed standard of scrutiny applied to content neutral regulation does not apply. The congruence of hostile work environment doctrine with the First Amendment cannot be established by deforming the jurisprudence, and efforts to redefine the content-neutrality doctrine to encompass speech which causes injury or unrest bids fair to have the exception swallow the rule. 4. Harassment Law is Merely Part of a Ban on Discriminatory Conduct and Thus Isn\u2019t Really a Speech Restriction The problem with this argument is that it provides no key to distinguishing discriminatory 172517 U.S. at 512; see also Greater New Orleans Broadcasting Ass\u2019n, Inc. v. United States, 527 U.S. 173, 193-194 (1999) (noting continued disapproval of rationale of Posadas; \u201cfor the power to prohibit or to regulate particular conduct does not necessarily include the power to prohibit or regulate speech about that conduct\u201d). 173This argument has recently been advanced by Rebecca Lee, Pink, White and Blue, Class Assumptions in the Judicial Interpretations of Title Hostile Environment Sex Harassment, 70 Brook. L. Rev. 677, 698-699. (2005); see also, John H. Marks, Title VII's Flight Beyond First Amendment Radar: a Yin-to-Yang Attenuation of \"Speech\" Incident to Discriminatory \"Abuse\" in the Workplace, 9 Colum. J. L. & Gender (1999). 174Broadrick v. Oklahoma, 413 U.S. 601 (1973). 175Virginia v. Hicks, 539 U.S. 113, 124 (2003); Broadrick, 413 U.S. at 613-614. Page 61 of 88 conduct from speech, and seems to imply that as long s the primary target of the doctrine is the course of conduct, the incidental limitations of speech that result are of no moment. Likewise, and consistent with the holding in Saxe, the Court in 44 Liquormart found that holding to be at odds with the First Amendment: The text of the First Amendment makes clear that the Constitution presumes that attempts to regulate speech are more dangerous than attempts to regulate conduct. That presumption accords with the essential role that the free flow of information plays in a democratic society. As a result, the First Amendment directs that government may not suppress speech as easily as it may suppress conduct, and that speech restrictions cannot be treated as simply another means that the government may use to achieve its ends.172 The argument that the Government is not targeting speech, but primarily conduct,173 does not establish that the law does not sweep more broadly than is appropriate. It is well established that a law which targets unprotected words but in its sweep includes a substantial amount of protected speech, is void for overbreadth.174 Overbreadth challenges are especially apt where, as in the case of the hostile work environment doctrine, the law or regulation is \u201caddressed to speech or to conduct that is necessarily associated with speech.\u201d175 Hostile work environment doctrine cannot claim 176Am. Civil Liberties Union v. Ashcroft, 542 U.S. 656, 701 (2004), quoting Reno v. Am. Civil Liberties Union, 521 U.S. 844, 874 (1997). 177United States v. O\u2019Brien, 391 U.S. 367, 376 (1968); Citicorp v. Interbank Card Association, 478 F. Supp. 756, 762 (S.D.N.Y. 1979) (where \u201cconduct properly proscribed is coupled with conduct protected by the First Amendment, the latter does not cure the former\u201d); Michael Anthony Jewelers v. Peacock, 795 F. Supp. 639, 649 (S.D.N.Y. 1992) (same); United States v. Viehaus, 168 F.3d 392, 395-396 (10th Cir. 1999) (distinguishing between protected political speech and unprotected threat component of telephone call threatening bombings). See generally Watts v. United States, 394 U.S. 705 (1969)(distinguishing between protected political hyperbole in the form of ostensibly threatening statements and unprotected verbal act of \"true threat\"); Kelner v. United States, 534 F.2d 1020 (2d Cir. 1976) (same; specifying elements); United States v. Baker, 890 F. Supp. 1375 (E.D.Mich. 1995), aff\u2019\u2019d, 104 F.3d 1492 (6th Cir. 1997) (same; following Kelner); United States v. Dinwiddie, 76 F.3d 914 (8th Cir. 1996) (same; threats against abortion clinic staff); see also R.A.V. v. City of St. Paul, 505 U.S. 377, 388 (1992) (similar analysis; dicta). Page 62 of 88 talismanic immunity, therefore, on the ground that it attacks impact and not message; it must be established that the doctrine does not \u201ceffectively suppress [] a large amount of speech that adults have the right to . . . address to one another\u201d and would be \u201cunacceptable if less restrictive alternatives would be at least as effective in achieving the legitimate purposes the statute was enacted to serve.\u201d176 5. Invidious Private Discrimination Cannot Be Protected by the First Amendment This argument actually has a salient point, but does not really advance the discussion much; to the extent that it is saying that acts of invidious discrimination cannot be cloaked in the immunities of the First Amendment, the statement is patently true. The Supreme Court has long recognized that \u201cwhen \u2018speech\u2019 and \u2018nonspeech\u2019 elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech elements can justify incidental limitations on First Amendment freedoms.\u201d 177 However, this does not provide any limiting factor as to when \u201cspeech\u201d crosses the line into 178Miranda Oshige McGowan, Certain Illusions About Speech: Why the Free Speech Critique of Hostile Work Environment Harassment is Wrong, 19 Const. Comment. 391, 422-423 (2003). 179413 U.S. 15 (1973). 180Miller v. California, at 24; Nitke v. Ashcroft, 253 F.Supp.2d 587, 600, 601 (S.D.N.Y. 2003). For my criticism of Miller\u2019s social value prong, see at 91-92 Page 63 of 88 \u201cconduct.\u201d Some scholars taking this position have argued that whenever the elements of a hostile work environment have been met, the First Amendment should give way\u2013that a hostile work environment is, by definition conduct, not speech or that the lack of social value of the speech is properly a factor in denying protection.178 The first argument is not sufficiently elaborated and justified in terms of First Amendment jurisprudence to be established, and is by no means self- evident. The second argument, pinning the protected status of speech to its perceived value to society is both unfounded in the jurisprudence and dangerous. Speech need not justify itself by proving its social importance. Only in the context of obscenity as defined in Miller v. California179, a perverse aberration in the law of free speech, may a court judge the social value of a speaker\u2019s ideas in determining whether the speech falls within the protective ambit of the First Amendment.180 While the Pickering balancing test applicable to speech by government employees allows the social value of the speech to factor into the equation, it does so in the limited context of those individuals who have voluntarily affiliated themselves with the government regulator in question and represent it in a sense to the general citizenry. Pickering and its progeny cannot therefore be expanded to a general precept applicable to private individuals at large. For all these flaws, this approach does have, however, the benefit of posing the right 181Kirschenbaum, 12 Tex. J. Women & L. 67, 88-90; citing Saxe, 240 F.3d at 210; see also J.M. Balkin, Some Realism About Pluralism: Legal Realist Approaches to the First Amendment, 1990 Duke L.J. 375, 423-424; Suzanne Sangree, Title Hostile Work Environment Prohibitions and the First Amendment: No Collision in Sight, 47 Rutgers L. Rev. 515-521 (1995); Jessica Karner, Political Speech, Sexual Harassment and a Captive Workforce, 83 So. Cal. L. Rev. 637, 682-83 (1995); Marcy Strauss, Sexist Speech in the Workplace, 25 Harv. C.R.-C.L. L. Rev. 1, 12- 13 (1990). 182Sangree, 47 Rutgers L. Rev. at 517-518. Sangree does not rest her argument solely on the grounds of the captivity question, and notes that a finding of a captive audience does not end the First Amendment analysis. See also Deborah Epstein, Can \u201cDumb-Ass Woman\u201dAchieve Equality in the Workplace? Running the Gauntlet of Hostile Work Environment Harassing Speech, 84 Geo. L.J. 399, 421-429 (1997). Epstein also does not address the question of state action underlaying the captivity of the audience\u2013she assumes, like Sangree, that the government has a legitimate moderating role in private relationships based on a power dichotomy. Page 64 of 88 question. As will be seen in further detail, a rough congruence exists between hostile work environment doctrine and the \u201cverbal act\u201d concept such that with relatively minor adjustments, the doctrine can be convincingly justified under core First Amendment, as will be explained below. 6. The Captive Audience Problem One argument that has been raised to defend hostile work environment law is that workers should be considered a \u201ccaptive audience,\u201d thus permitting greater regulation of speech to which they are subjected.181 Suzanne Sangree, in particular has argued that: Most employees are not ultimately free to leave their jobs without fundamentally affecting their basic quality of life. Employees depend upon their jobs for economic survival. Moreover, most employees do not exert much control over their work environments. Female employees are often not free to avoid areas where pornography is posted, or to avoid working with men who harass them. Harassment, if pervasive in the workplace, is often impractical, if not impossible, to avoid. The relative captivity of the employee and the impracticability of avoidance of harassment, are two of the many factors which can contribute to creation of hostile environments in the workplace and, thus, can inform First Amendment analysis in this context.182 Sangree does not address the limits of the captive audience line of cases, but rather gleans 183J.M. Balkin, Free Speech and Hostile Environments, 99 Colum. L. Rev. 2295, 2310- 2314 (1999). 184Id. at 2312. 185 Frisby v. Schultz, 487 U.S. 474, 487 (1988) (upholding ban on residential picketing directed at a single house); see also Rowan v. United States Post Office Dep't, 397 U.S. 728, 737-38 (1970) (upholding Post Office provision that allowed individuals to specify to the Postmaster General certain sexually explicit mailings they did not wish to receive); Kovacs v. Cooper, 336 U.S. 77, 87 (1949) (upholding ban on sound trucks to protect residents). Page 65 of 88 from them a general principle that could result in the government disfavoring some speakers in preference to others in the workplace, despite the fact that the relationships are governed by contract\u2013viewed in the law as innately voluntary under normal circumstances. J. M. Balkin has argued that the courts have defined the captive audience doctrine too narrowly, in terms of situations where individuals are in inherently coercive situations, such as the workplace, and too broadly, by sacralizing the home from unwanted intrusions through speech that can be easily disregarded\u2013junk mail can be thrown out, a channel can be changed.183 Balkin asserts that captivity is a matter of status, not of location, writing that \u201c[e]conomic coercion leaves many workers unable to avoid exposure to harassing speech. Employees are a much better example of a captive audience than the so-called paradigm case of people sitting in their homes.\u201d184 None of the cases cited by Balkin compels, or even supports, his contention that the a general principle can be found in the First Amendment of the government protecting economically captive audiences from private speakers. Frisby v. Shultz\u2013ironically, the only case Balkin cites in which the Court legitimized governmental action protecting a private person against another private person\u2019s speech\u2013rested not upon a finding of \u201ccaptivity\u201d but upon the quintessentially special and private nature of the home.185 The heightened right of the resident in her dwelling place forms a convection between the First and the Fourth Amendment and has been deemed to be especially worthy of 186See, e.g., Stanley v. Georgia, 394 U.S. 557 (1969). 187Frisby, 487 U.S. at 431, quoting Gregory v. Chicago, 394 U.S. 111, 125 (1969) (Black, J., concurring) and Carey v. Brown, 447 U.S.455, 471 (1980). 188438 U.S. 726, 748-749 (1978), quoting Cohen v. California, 403 U.S. 15, 21 (1971); citing, Eroznik v. Jacksonville, 422 U.S. 205 (1975). 189418 U.S. 298, 302-303 (1974). Notably, Justice Douglas, the great First Amendment absolutist, concurred in the judgment, noting that municipal ownership of a conveyance did not change the essential nature of the bus service, and transform the public conveyance into a public forum. Justice Douglas did leave open the prospect of a First Amendment right not to receive unwelcome messages beyond the political messages barred from advertising. Id. at 305 (Douglas, J., concurring). Page 66 of 88 protection.186 The Court in Frisby explicitly based its conclusion on the special status of the home\u2013the \u201clast citadel of the tired, the weary, and the sick,\u201d and deemed the state\u2019s interest in protecting the home \u201cof the highest order in a free society.\u201d187 Similarly, in v. Pacifica Foundation, upholding \u201ctime, manner, place\u201d restrictions based upon the publicly owned nature of the airwaves, and the ubiquity of radio and television, the Court also emphasized that the special protection afforded the home did not extend beyond its walls, stating that: \u201cOutside the home, the balance between the offensive speaker and the unwilling audience may sometimes tip in favor of the speaker, requiring the offended listener to turn away.\u201d188 In Lehman v. Village of Shaker Heights,189 the Court did not create a generally applicable rule that individual citizens could not be subjected to speech of which they disapproved; rather, it used the fact that commuters on a bus would be seriously hampered in their use of the service if they had to depart it to escape political advertisement to deny a claim that a publicly owned and operated bus service constituted a public forum, on the basis that a bus is \u201cno meeting hall, park, street corner, or other public thoroughfare. Instead, the city is engaged in commerce. It must provide rapid, 190Id. at 303. 191Id. at 303-304. See also, United States v. American Library Ass\u2019n, Inc., 539 U.S. 194 (2003)(rejecting claim that public libraries\u2019 provision of computers with internet access created a public forum eliminating discretion as to what items are properly included in library, and thus attaching to funding requirement that filtering software be used did not violate First Amendment rights of patrons); Rosenberger v. Rector & Visitors of Univ. of Virginia, 515 U.S. 819 (1995)(pubic forum doctrine generally). 192R.A.V., 505 U.S. at 391-392. 193505 U.S. at 383-384 (emphasis in original). Page 67 of 88 convenient, pleasant, and inexpensive service to the commuters of Shaker Heights.\u201d190 Since no public form was found, the restrictions need only be rational, and viewpoint neutral.191 Balkin, of course, does not argue that these cases compel the result he favors, and he admits that he is extrapolating. However, he appears to miss the fact that his captive audience concept fails the requirements of content and viewpoint neutrality, just as did the St. Paul, Minnesota ordinance prohibiting a symbolic display \u201cwhich arouses anger, resentment and alarm in others . . . . on the basis of race, color, creed, religion or gender.\u201d192 In R.A.V. v. City of St. Paul, 505 U.S. 377, 384 (1992), the Supreme Court clarified that even low value speech, which may be permissibly regulated, is not invisible to the First Amendment: these areas of speech can, consistently with the First Amendment, be regulated because of their constitutionally proscribable content (obscenity, defamation, etc.)--not that they are categories of speech entirely invisible to the Constitution, so that they may be made the vehicles for content discrimination unrelated to their distinctively proscribable content. Thus, the government may proscribe libel; but it may not make the further content discrimination of proscribing only libel critical of the government.193 The Court in R.A.V. made clear that the First Amendment does not permit \u201ccensoring a 194505 U.S. at 384 (discussing and quoting New York v. Ferber, 458 U.S. 747, 763 (1982)). 195505 U.S. at 386. 196 240 F.3d at 207 (quoting R.A.V., 505 U.S. at 392). 197Saxe, 240 F.3d at 209 (quoting Texas v. Johnson, 491 U.S. 397, 413 (1989)). 198505 U.S. at 392. Sangree does attempt to argue that the doctrine is not an impermissible viewpoint discrimination, on the rather thin grounds that (1) all bans of discrimination in the workplace act to target the message of discrimination (but not by banning Page 68 of 88 particular literary theme.\u201d194 In R.A.V., the Court equated the categories of lower value speech with sound trucks, broadcasting speech in residential neighborhoods, which has long been upheld as constitutional, and noting \u201cas with the sound truck, however, so also with fighting words: The government may not regulate use based on hostility--or favoritism-- towards the underlying message expressed.\u201d 195 In Saxe, the Third Circuit, in an opinion by then-Judge Alito, examined a restriction on harassing speech (predicated on sexual orientation) under R.A.V.\u2019s principles, and found that the lodestone of First Amendment jurisprudence applied: \u201c[t]he point of the First Amendment is that majority preferences must be expressed in some fashion other than silencing speech on the basis of content.\u201d196 In short, \u201c[i]f there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable.\u201d197 Just as in R.A.V., the protection of workers from discriminatory or belittling speech in the workplace would, unless accompanied by a corollary ban on pro-diversity speech, unconstitutionally \u201clicense one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensberry rules.\u201d198 speech); (2) hostile work environment doctrine targets the bars or barriers to women\u2019s employment, not the message (somewhat undermining point 1); and (3) the impact on speech is incidental. 47 Rutgers L. Rev. at 521-522, et seq. 199 at 337-340. This discussion draws from that earlier analysis, which was directed not to Title VII, but to regulation of hate speech. The only sustained effort to make this argument of which am aware is Jennifer Conn, Sexual Harassment Thirteenth Amendment Response, 28 Colum & Soc. Prob. 519 (1995). Ms. Conn analogizes the position of working women to that of female slaves and argues that the verbal harassment of working women is a \u201cbadge of slavery\u201d subject to regulation under the Thirteenth Amendment. She does not address the potential limiting effect of the term \u201cappropriate\u201d and argues, in a rather circular style, that \u201c[f]reedom of speech does not grant the speaker the right to violate a constitutional amendment.\u201d Id. at 556. Still, she is to be commended in her efforts to ground hostile work environment law in the constitutional text, and contributes important insights to the ways in which the doctrine serves the constitutional imperative of equality. See also, Marion Crain, Between Feminism and Unionism: Working Class Women, Sex Equality, and Labor Speech, 82 Geo. L. J.1903, 1994-1995 (1994). The questions posed by the Reconstruction Amendments are raised\u2013but not answered\u2013by Akil Reed Amar, The Case of the Missing Amendments v. City of St. Paul, 106 Harv. L. Rev. 124 (1992). Amar\u2019s article informs the analysis, on different grounds, employed by Guy Uriel-Charles in arguing for a structural reading of the right of free association in conjunction with the Thirteenth and Fourteenth amendments, but only briefly mentions speech implications. See Uriel Charles, Racial Identity, Electoral Structures, and the First Amendment Right of Association, 91 Calif. L. Rev. 1209, 1214 (2003). Similarly, James E. Fleming approvingly cites Amar as properly raising egalitarian values which need to be construed in conjunction with the First Amendment\u2019s guarantees, but does not address questions of limitations or of the applicability to hostile work environment doctrine. See Fleming, The Constitutional Essentials of Political Liberalism: Securing Direct Democracy, 72 Ford. L. Rev. 1435, 1467 (2005). See generally, Alexander Tsesis Civil Rights Approach: Achieving Revolutionary Abolitionism Through the Thirteenth Amendment, 39 U.C. Davis 1373 (2006). Page 69 of 88 7. The Thirteenth and Fourteenth Amendments Empower Congress to Enact Anti- Discrimination Legislation Even If it Abridges Other Protected Liberty Interests Section 2 of the Thirteenth Amendment, and Section 5 of the Fourteenth empower Congress to enforce those provisions \u201cby appropriate legislation.\u201d As have previously pointed out, an argument could be constructed that these provisions allow legislation in the interests of equality to create areas in which the First Amendment\u2019s liberty principle is required to yield to the imperatives of equality.199 The problem with this argument is that it essentially deletes from both amendments The indefatigable Eugene Volokh, along with Judge Alez Kozinski, responded to Amar on the ground that constitutional \u201cpenumbras\u201d are dangerous and to be avoided. Kozinski & Volokh Penumbra Too Far, 106 Harv. L. Rev. 1639, 1657 (1993). 2001 Cranch (5 U.S.) 137, 174 (1803). 201See Regions Hosp. v. Shalala, 522 U.S. 448, 118 S.Ct. 909, 920 (1998)(Scalia, J., dissenting), quoting Market Co. v. Hoffman, U.S. 101 112, 115-116 (1879); see also, Duncan v. Walker, 533 U.S. 167, 172-173 (2001); Connecticut National Bank v. Hoffman, 503 U.S. 249, 254 (1992). Page 70 of 88 the critical qualifier, \u201cappropriate.\u201d As far back as Marbury v. Madison, the Supreme Court has routinely reaffirmed that \u201c[it] cannot be presumed that any clause in the Constitution is intended to be without effect; and therefore, such a construction is inadmissible unless the words require it.\u201d200 This treatment of the Constitution accords with the general rules applicable to statutory construction. As Justice Scalia has pertinently explained, \u201c[i]t is a cardinal rule of statutory construction that significance and effect shall, if possible, be accorded to every word. As early as in Bacon's Abridgment, sect. 2, it was said that \u2018a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.\u2019\u201d201 In the context of construing \u201cappropriate\u201d in the Civil Rights Amendments, the very concept of appropriateness carries with it some sense of limitation. So, too, does logic; the Fourteenth Amendment protects not merely equal protection of the laws, but liberties thereunder; there is nothing in the general text to suggest that one may completely dominate over the other. To define the limiting principle of the Fourteenth Amendment\u2019s use of the term \u201cappropriate,\u201d the most reasonable construction appears to view it as a further extension of power\u2013not unlike that under the \u201cNecessary and Proper\u201d language of Article I, section 9 of the Constitution\u2013to pass legislation to effect the goals of the Fourteenth Amendment, as long as such 202Two principle versions of this maxim are best known: genralis clausula non porrigitur ad ea quaeantea specialiter sunt comprehensa , or \u201ca general clause does not extent to those things which are provided for specially REPORTS, Part 8, 154b, translated and quoted in (4th Ed. 1968) at 815, and \u201cgeneralia specialibus non derogant, or, \u201cgeneral words do not derogate from special,\u201d Id; quoting and translating REPORTS, English Exchequer at 120, see also 4 English Law Reports: Exchequeur (1866-1975) at 226. Lord Coke\u2019s maxim is an application of the second maxim. 203Indeed, the present Court\u2019s approach to Congressional power under the Fourteenth Amendment is rather more stingy, restricting Congress to acts designed to effectuate the Court\u2019s own interpretation of the Amendment, and limiting it to means \u201cproportional\u201d and \u201ccongruent\u201d thereto. City of Boerne v. Flores, 521 U.S. 507, 518-520 (1997); see also Nevada State Dept. of Human Resources v. Hibbs, 538 U.S. 721 (2003 have addressed the text and language of the Constitution, rather than merely relying on City of Boerne, because the Court has in the past afforded Congress considerably more scope in legislation under section 5. See Ex parte Virginia, 100 U.S. 339, 345-346 (1880)(treating Section 5 as a grant of power analogous to the Necessary and Proper Clause, Art. I, sec 9). For a more extended discussion of the Fourteenth Amendment\u2019s impact on First Amendment jurisprudence, and my views on the difficulties presented by early improper limitation of the Amendment\u2019s scope, see at 23-27, 125-131. 204This prior constitutional order held sway under Barron v. Baltimore, 7 Pet. (32 U.S.) 243 (1833), and was applied to the First Amendment by Permoli v. First Municipality, New Orleans, 3 How. (44 U.S.) 589 (1844). For an excellent discussion of the long road by which the Fourteenth Amendment was deemed to incorporate all but the jury trial right in civil cases of the Sixth Amendment, and the Third Amendment, see (1986). Intriguingly, Page 71 of 88 legislation does not independently violate any specific proscriptions. This reading serves the long standing principle of interpretation that the \u201cgeneral is controlled by the particular,\u201d 202 in that the specific guarantees of the Bill of Rights would not be subject to abrogation by Congress in the name of fostering equality.203 Additionally, this reading makes historical sense, in that it frees not only Congress but the People, as citizens of their respective states, from the reliance on the states alone as guarantors of their fundamental rights, with no recourse if the state chose to abrogate or deny rights protected as against the federal government in the Bill of Rights.204 as originally enacted. In other words, it redresses a systemic failure in the Curtis himself has touched upon the legitimate scope of regulation of hate speech and has rejected a Thirteenth and Fourteenth Amendment based approach, on the ground that only racially-directed speech could fall within its scope. Curtis, Critics of Free Speech and the Uses of the Past, 12 Const. Commentary 29, 51, n. 93 (1995). 205CURTIS ABRIDGE, at 54-56, 62-92 more pragmatic argument for not allowing subsequent amendments to limit the First Amendment absent explicit language doing so is made by Stephen G. Gey Few Questions About Cross-Burning, Intimidation and Free Speech, 80 Notre Dame L. Rev. 1287, 1300-1301 at n. 56 (2005), who argues that the same structural logic would force the First Amendment, and the rest of the Bill of Rights, to bow to any of the governmental powers enumerated in the Constitution\u2013and thereby denude them of meaning. 206See, inter alia, Ronald Dworkin, The Arduous Virtue of Fidelity: Originalism, Scalia, Tribe and Nerve, 65 Ford. L. Rev. 1249, 1254-1256 (1997) (discussing notion that historical evolution of constitutional law may not be entirely disregarded in interpretation of document\u2019s meaning). Interestingly, this approach is not a creation of Dworkin\u2019s; indeed, Charles M. Gray traces it in the writings of Sir Edward Coke (1552-1634). Gray, Further Reflections on Artificial Reason, in D. BOYER, Ed.)(Liberty Fund 2004) at 121-125. Of course, \u201cfit\u201d can be argued to privilege the Fourteenth Amendment over the First, see Carlos Gonzales, The Logic of Legal Conflict: The Perplexing Combination of Formalism and Anti-Formalism in Adjudication of Conflicting Legal Norms, 80 Or. L. Rev. 447, 523-532 (2001)(arguing that chronology favors a finding that the Fourteenth Amendment should trump the First; no discussion of \u201cappropriate\u201d as potential limitation). Such an argument, in my view, disserves the text by failing to grapple with the limitation inherent in the Fourteenth Amendment, but also falls into the trap suggested by Gey, supra note 205, by failing to construe the amendments in harmony. Gonzales\u2019s argument forces a conflict not required by the text, canons of construction, the history of the Fourteenth Amendment, or the constitutional structure Page 72 of 88 Constitution laid bare by the Civil War: the states were not, as the Framers hoped, reliable guardians of individual civil rights and liberties. 205 Finally, the aspect of interpretative strategy\u2013it scarcely can be elevated to the level of a principle\u2013of fit, a pragmatic recognition that constitutional theorists do not write on a tabula rasa, that the historical evolution of the constitution provides a loose framework with which proposed refinements and developments should harmonize, stands for this more limited reading of \u201cappropriate.\u201d206 itself. 207U.S. Const., Art. VI, cl. 2. See generally, Marbury v. Madison, 1 Cranch (5 U.S.) 137 (1803). For my effort to construct some axioms of constitutional construction, see at 10-14. 208ALAN (2004) at 137. 209LEARNED at 277; see Justice Douglas\u2019s stinging rebuke in Scales v. United States, 367 U.S. 203, 270 (1961)(Douglas, J. dissenting). Page 73 of 88 V. Border Raids: The Blurry Line Between Speech and Action In critiquing the work of those who have sought to justify the hostile work environment prohibition, my intent has not been to suggest that these scholars have not contributed valuable insights; rather, the common flaw in these approaches is that they are advocacy pieces designed to justify a position with respect to the cause of action to which the author is committed. As a result, the efforts to square First Amendment jurisprudence with Title deform the First Amendment and not the statutory cause of action where the two are in tension. This elevates the lesser over the greater\u2013the statute over the Constitution. Such an approach violates the fundamental axiom of interpretation that the Constitution is \u201cthe Supreme Law of the Land.\u201d207 Moreover, the difficulty pointed out by Alan Dershwowitz that \u201c[m]ost, though not all jurisprudential theorists construct elaborate frameworks of principle and theories of rights that just happen to lead them to the promised land of policies that they favor on political, religious or personal grounds,\u201d208 should lead to caution, both in watering down constitutional texts to \u201cadmonitions of moderation,\u201d in Learned Hand\u2019s infamous and oft-criticized words,209 and in striking down the enactments of a democratically elected legislature. Just as proponents of hostile work environment can be willing to work violence to established First Amendment principles to 210Volokh, Speech as Conduct, supra. Professor Volokh rejects the cases holding that speech should be punishable where it is part of an illegal course of conduct, speech brigaded with action, or speech acts, rather than pure speech, largely rejecting Professor Kent Greenawalt's view, in his (1989) that certain kinds of statements are situation-altering utterances and thus unprotected conduct. Finally, the article confronts what Volokh calls the \u201cuncharted zones\u201d of free speech - criminal agreements, criminal solicitation, much verbal aiding and abetting, professional speech, and the like - and suggests that these zones are best dealt with by recognizing properly bounded First Amendment exceptions (as the Court has done with regard to libel, incitement, fighting words, and the like), and not by relabeling the speech as conduct. My own effort to address some of the issues raised by Professor Greenawalt may be found in at 147-156; 189-200. 211335 U.S. 490 (1949). 212FIRST at 73-121. Indeed, a recent example of this can be seen in a case in which was lead counsel; in Nitke v. Gonzales, 413 F. Supp.2d 262, aff\u2019d 547 U.S. ___ , 164 L.Ed.2d 295 (2006) (a previous opinion in the same case was rendered under the name Nitke v. Ashcroft, 253 F. Supp.2d 587 (S.D.N.Y. 2003)), a constitutional challenge to the application of obscenity doctrine, based on geographical community standards, to the Internet. Although the district court dismissed the case for failure to establish overbreadth, Page 74 of 88 preserve the cause of action, so too can opponents of the hostile work environment be prepared to artificially sharpen the line between speech and conduct, in order to avoid any blurring at all. For example, Professor Volokh has recently called for a simplification of the First Amendment caselaw regarding \u201cspeech brigaded with action\u201d210 that would overturn decades of settled precedent, including Giboney v. Empire Storage & Ice Co.211 Volohk\u2019s concern with the effect of blurring the line between speech and action is admirable, but his solution\u2013to further undermine the cogency of First Amendment jurisprudence by carving out yet more Chaplinsky-style exceptions would swiftly leave freedom of speech as porous, leaky patchwork, good for mostly symbolic purposes. Moreover, once policy considerations become a proper ground for exceptions to the First Amendment, there is little to prevent temporary majorities from enforcing their preferences against those who hold unpopular views.212 Unlike Professor Volokh believe in full the three judge panel credited expert testimony that the offensiveness of sexually themed materials, in part a function of depiction of non-traditional sexual practices, impacted negatively the fact-finder\u2019s willingness to find serious value in the material. Subsequently, a memorandum from the U.S. Department of Justice was released confirming this insight: For legislative confirmation of this, the Federal Sentencing Guidelines single out sado- masochistic themes as especially subject to sanction, instructing the trial court \"If the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence, increase [base level of the sentence] by 4 levels.\" 18 U.S.C. \u00a72G3.1 In other words, the provision of s/m themed materials to consenting adults is seen by Congress as only slightly worse than providing obscene materials to minors (an enhancement factor of 5 levels, id.). 213FIRST at 156-181. Page 75 of 88 First Amendment coverage for all speech, rejection of balancing except where constitutional imperatives are forced into conflict, and minimization of exceptions to the First Amendment.213 So, then, the reasonable reader might ask, how can hostile work environment doctrine comport with the First Amendment? The answer is in the fact that all rules are, as H.L. Hart emphasized, subject to some blurring at the fringes. Acknowledging the existence to a limited extent of open texture to a rule does not strip it of its status, or transform it into a standard. Rather, it denotes acceptance that boundaries are seldom perfect; we police them as carefully as possible, strive to make them as narrow as possible, but like the lines of a pencil in a drawing, the space they occupy, however slender, creates a frontier whose breadth marks an imperfection. So, too, hostile work environment law, though a standard, closes the universe of facts that may fit into its ambit; speech that does not both objectively and subjectively alter the working environment does not fit the definition\u2013and the harassing speech that falls short of that standard is both outside of the statute\u2019s sweep and fully entitled to constitutional protection. The fact that the outer boundaries of the standard and those of the rule abut, and even 214395 U.S. at 447. 215FIRST at 68-70; 194-200. Page 76 of 88 permeate each other means that the two encompass some common ground. In short, the question is not, whether the cause of action founded in a hostile work environment comports at all with the First Amendment, but whether the doctrine protects enough speech to be consistent with the First Amendment. While a comprehensive answer cannot profitably be undertaken until courts begin, as the Third Circuit did in Saxe, to scrutinize the contours of the cause of action against the limits of First amendment verbal act doctrine, a preliminary analysis strongly supports the conclusion that the requirement that the harassive speech or conduct be systematically pervasive or severe is at least asking the same questions as other examples of the difficult to categorize, underanalyzed boundary line of speech brigaded with action. The Supreme Court in Brandenburg laid out that boundary in the context of subversive advocacy, stating that \u201cthe Constitutional guarantees of free speech and free press do not permit a state to forbid or prescribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action or is likely to incite or produce such action.\u201d214 The imminence and specific intent requirements capture the dynamic of principal and agent, as have previously argued; one who speaks intending to galvanize auditors into immediate action and who either succeeds or was likely to succeed has so affiliated herself with the act discussed that liability for the result, or on an attempt theory does not violate the First Amendment.215 The Brandenburg scenario does not encapsulate the only set of circumstances in which a verbal act may be discerned. Rather, it captures the dynamic of when an action undertaken by an 216Roth v. United States, 354 U.S. 476, 514 (1957) (Douglas, J., dissenting) (citing Giboney, supra). 217221 U.S. 418, 439 (1911); see also Fox v. Washington, 236 U.S. 273, 277 91915). Both cases are more fully discussed in at 27-29; 132- 133. 218Communist Party v Board, 367 U.S. 1, 173 (1960) (Douglas, J., dissenting). 219Id. Page 77 of 88 auditor may be imputed to another whose sole contribution to the act takes the form of speech that falls short of a command. The rule, as Justice Douglas explained it, is that \u201c[f]reedom of expression can be suppressed if, and to the extent that, it is so closely brigaded with action as to be an inseparable part of it.\u201d216 This concept of \u201cspeech brigaded with action\u201dadvanced by Justice Douglas (which have maintained is captured by the threshold for suppression established in Brandenburg) harks back to the concept of a verbal act, notably set out in Gompers v. Bucks Stove & Range Co.217 The Gompers concept, that speech is not immunized from prosecution when it functions not as a means of communication but rather solely as an integral component in an action that the state (or federal) government has a right to proscribe, is reflected as well in the jurisprudence, as pointed out earlier. Picketing, for example, was described by Justice Douglas as \u201cfree speech plus,\u201d meaning that it combined expressive elements with regulable conduct, and that the regulable component did not gain immunity because of the entwined expression.218 Thus, \u201c[t]hough the activities themselves are under the First Amendment, the manner of their exercise or the collateral aspects fall without it.\u201d219 In the earliest of the three Espionage Act cases, in which a unanimous Court in opinions by Justice Holmes first adopted the \u201cclear and present danger\u201d test, Schenck v. United States, that was the entire point of the classic Holmes analogy that permitted punishment for falsely shouting \u201cFire!\u201d 220249 U.S. 47, 52 (1919). 221FIRST at 243-244 (giving examples of Henry asking his barons rhetorically \u201cwill no one rid me of this turbulent priest?\u201d understood by them as a command based on pre-existing power relationship and Professor Moriarity\u2019s reasonable expectation that his instruction to his subordinate to kill Sherlock Holmes will be obeyed). Page 78 of 88 in a crowded theater. From this clear example of speech that functions as a \u201cverbal act,\u201d Holmes moved immediately to the injunction in Gompers, justifying that decision because the First Amendment does not protect \u201cwords that may have all the effect of force\u201d in the context in which they are uttered.220 The Brandenburg test and the concept of verbal acts are not automatic formulae that will magically wave away any difficulty in adjudicating cases. The Brandenburg test usefully captures several of the criteria for identifying a verbal act, or when a speaker can appropriately be held liable for actions physically performed by another; it thus recognizes what is or is not functional speech under the First Amendment in such a context. The requirement of temporal imminence serves the purpose of aligning the speaker with the performed action. Like a command that carries along with the message of \u201cdo this\u201d the subliminal or implicit corollary of either \u201cor else\u201d or \u201con my authority,\u201d the temporal imminence requirement personally involves the speaker in the resultant act, and (through the intent requirement) puts his or her imprimatur on it. 221 However, the imminence requirement may be misunderstood here, by carving out the quotation of the test applicable to undirected advocacy from that context, and suggesting that only temporal imminence will do; in fact, a specific agreement to violate the law, or a pre-existing command relationship can serve the same purpose. Thus, a party\u2019s using words as a vehicle to participate in the violation of law may properly provide a basis for a finding of civil or criminal 222United States v. Rahman, 189 F.3d 88, 117 (2d Cir. 1999). The Second Circuit described such unprotected words as \"ones that instruct, solicit, or persuade others to commit crimes of violence,\" and found that they might appropriately be prosecuted under statutes of \"general applicability.\" Id. (upholding conviction of Muslim cleric for his role in terrorist conspiracy against First Amendment speech and free exercise challenges); citing Employment Division, Oregon Department of Human Resources v. Smith, 494 U.S. 872, 879 (1989) (rejecting Free Exercise challenge to anti-drug regulation impacting upon religiously-inspired use of peyote), reaffirmed in City of Boerne v. Flores, 521 U.S. 507, 533-534 (1997). This rule is not limited to the advocacy of violence; \"it has never been deemed an abridgment of freedom of speech or of the press to make a course of conduct illegal merely because the conduct was in part initiated, evidenced, or carried out by means of language, either spoken, written, or printed.\" Giboney v. Empire Storage & Ice Co., 336 U.S. 490, 502 (1949) (upholding as constitutional injunction barring labor picketing deemed to be coercive); New York v. Ferber, 458 U.S. 747, 761-762 (1982) (following Giboney); see also, Sanitation and Recycling Industry, Inc. v. City of New York, 107 F.3d 985, 999 (2d Cir. 1997 (\"When a trade organization becomes so closely brigaded with illegal activity as to become inseparable from it, the government is justified in withholding benefits based on association with such an organization\"; following Giboney); IDK, Inc. v. County of Clark, 836 F.2d 1185, 1194 (9th Cir. 1988) (same; escort service asserting associational rights); United States v. Rowlee, 899 F.2d 1275, 1278 (2d Cir. 1990) (\"Speech is not protected by the First Amendment when it is the very vehicle of crime itself\") (advisor counseling tax fraud in advancing agenda of anti-tax society) (quoting United States v. Varani, 435 F.2d 758, 762 (6th Cir. 1970). Such communications which may be regulated as an integral component of an act include the exchange of information about securities v. Texas Gulf Sulphur Co., 401 F.2d 833 (2d Cir. 1968), cert. denied, 394 U.S. 976 (1969), corporate proxy statements, Mills v. Electric Auto-Lite Co., 396 U.S. 375 (1970), the exchange of price and production information among competitors, American Column & Lumber Co., 257 U.S. 377 (1921), and employers\u2019\u2019 threats of retaliation for the labor activities of employees v. Gissel Packing Co., 395 U.S. 575, 618 (1969). See Paris Adult Theatre v. Slaton, 413 U.S. 49, 61-62 (1973). Page 79 of 88 liability.222 Admittedly, the Supreme Court has not been particularly helpful, in delineating the boundary line between speech and conduct, tending to rely on rather unhelpful generalizations: Although agreements to engage in illegal conduct undoubtedly possess some element of association, the State may ban such illegal agreements without trenching on any right of association protected by the First Amendment. The fact that such an agreement necessarily takes the form of words does not confer upon it, or the underlying conduct, the constitutional immunities that the First Amendment extends to speech. Finally, while a solicitation to enter into an agreement arguably crosses the sometimes hazy line distinguishing 223 Brown v. Hartlage, 456 U.S. 45, 55 (1981) (upholding state statute prohibiting the sale and purchase of votes) (citing, Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 496 (1982); Central Hudson Gas & Electric Corp. v. Public Service Comm\u2019n, 447 U.S. 557, 563- 564 (1980); Pittsburgh Press Co. v. Human Relations Comm\u2019n, 413 U.S. 376, 388 (1973)). See also Jews for Jesus v. Jewish Relations Council of New York, Inc., 968 F.2d 286, 295-296, 297 (2d Cir. 1992) (\u201cif discrimination engaged in by \u2018primary\u2019 actors using words can be constitutionally outlawed, so too can discrimination engaged in by third parties who use speech or other expressive conduct to coerce a \u2018primary\u2019 actor to violate an anti-discrimination statute\u201d; upholding application to boycotts \u201cwith the object of coercing the [boycott target] to deny plaintiffs accommodations for reasons prohibited by the anti-discrimination statute\u201d) 224See, e.g., Rowlee, supra, 899 F.2d at 1278-1280. Page 80 of 88 conduct from pure speech, such a solicitation, even though it may have an impact in the political arena, remains in essence an invitation to engage in an illegal exchange for private profit, and may properly be prohibited.223 However, it seems that using Brandenburg, Gompers, and Giboney as a template, the basic paradigm can be removed from the context of subversive advocacy without doing violence to its elements. Thus, to establish a verbal act would posit, the following must be shown: 1. Speech designed to have direct impact without further debate In the subversive advocacy context, the immediacy requirement provides this need\u2013there is no time for the audience members to think through the speaker\u2019s statements, because they have been whipped up into a frenzy and made into a mob. More commonly, this requirement would be fulfilled by performative speech\u2013speech that constitutes a crime or by recognized convention, understood by the speaker at the time of utterance, creates civil or criminal liability itself, such as a contract which creates legal obligations by memorializing the respective promises of the parties, or another legal instrument that alters status through the use of words. Conspiracy, under this rubric, is nothing more than a contract to commit a wrongful act.224 225 See generally Watts v. United States, 394 U.S. 705 (1969)(distinguishing between protected political hyperbole in the form of ostensibly threatening statements and unprotected verbal act of \"true threat\"); Kelner v. United States, 534 F.2d 1020 (2d Cir. 1976) (same; specifying elements); United States v. Baker, 890 F. Supp. 1375 (E.D.Mich. 1995), aff\u2019\u2019d, 104 F.3d 1492 (6th Cir. 1997) (same; following Kelner); United States v. Dinwiddie, 76 F.3d 914 (8th Cir. 1996) (same; threats against abortion clinic staff); see also R.A.V. 505 U.S. at 388. 226Id.; compare R.A.V., supra with Virginia v. Black. 538 U.S. 343 (2003). Page 81 of 88 Likewise, credible threats or other coercive speech fits in this class\u2013a \u201ctrue threat\u201d225 does not allow for debate, it extorts compliance based on feared, imminent action. Thus, a threat which is reasonably understood by the auditor as a promise of imminent future violence and is intended to be so understood is unprotected while the exact same use of words or symbols may be constitutionally protected where it is understood and intended as not directed to a specific target, and not conveying an assurance of violence to come.226 Similarly, fraud\u2013obtaining consideration through false factual representations\u2013does not induce exchange of ideas or debate, but rather is based on a relationship in which one party purports to have access to information that is not readily accessible to the gull, and exploits the relationship of trust that is created. In a sense, the fraudster creates a fiduciary duty, only to exploit it. In each of these examples, persuasion by the process of exchange of ideas, dialectic or discussion does not take place; what appear to be statements of fact are made, if at all, to induce action by the auditor that is tainted by illegality resulting from the intended result of the speech. Whether the auditor joins in the intent or is the hapless victim, the speaker\u2019s liability is fixed because a change of circumstances is the natural and anticipated result of the auditor\u2019s reasonable reliance on the statements made. 2. Specificity In order for a verbal act to take place, the actor must be addressing a specific set of 227FRANCIS (11th ed. 1912); for a more detailed analysis see at 224-226. 228GLANVILLE (1953) at 198, quoting with approval Bowker v. Premier Drug Co., 1 K.B. 230-231 (1928); for Williams\u2019s masterly and detailed exposition of the need for specificity and intent to constitute accessorial liability, see id. at 187-203. 229People v. Hernandez, 93 N.Y.2d 261, 689 N.Y.S.2d 695 (1999) (\u201cdangerously close to fruition\u201d); United States v. Porter, 2000 U.S. App 1865 (2d Cir. 2000)(under federal law, a criminal attempt involves committing an act constituting a \u201csubstantial step\u201d toward the fulfillment of the elements of the offense). Page 82 of 88 circumstances in which the verbal act will have results that are both discernible and foreseeable. That is, the speaker who employs undirected advocacy to the world at large, such as Valerie Solanas, or Karl Marx, cannot be guilty of a verbal act\u2013there is no context to create a link with any alteration of circumstances such that the ensuing results can be attributed to them, and not to the reader or auditor, who is irrebuttably presumed to have the ability to evaluate and reach an independent decision as to whether or not to bring into reality the ideas expressed by the speaker.227 Or, as British criminal law authority Glanville Williams has stated crime must be a specific intentional act, and know of no case that says a man can be an aider or abbettor if he knows nothing of the act or of the date or the person against whom the criminal offence is committed. It will not do to say \u201cYou gave the means of doing it.\u201d228 The point is that, for speech to be bound up in another act such as to be \u201cbrigaded with action,\u201d it must, at a minimum, be as inextricably intertwined with that act as would be needed by another otherwise innocuous, protected act. Similarly, an attempt may be made through speech, but liability only eventuates when the illegal action is \u201cdangerously close to fruition\u201d or where the speech constitutes a \u201csubstantial step\u201d towards the consummation of the illegal act.229 Thus, at a minimum, the common law requirement of specificity should be accorded constitutional status in 230Another good example may be found in cases of \u201centicement\u201d or \u201cinvitation\u201d where pedophiles target a specific child and seek to procure action that would lead to criminal sexual conduct. These efforts may be viewed as attempts, or as offers, similar in performative nature to the offer whose acceptance forges a legally enforceable contract. Like an offer, such speech is specific in target, and shifts the dynamic toward the offeree to bring about the consummated offense. See People v. Foley, 94 N.Y.2d 668, 709 N.Y.S.2d 467 (2000); United States v. Kufrovich, 997 F. Supp.2d 246 (D. Conn. 1997). 231 at 182-189; 237-245. 232538 U.S. 343 (2003)(\u201cThe First Amendment permits Virginia to outlaw cross burnings done with the intent to intimidate because burning a cross is a particularly virulent form of intimidation. Instead of prohibiting all intimidating messages, Virginia may choose to regulate this subset of intimidating messages in light of cross burning's long and pernicious history as a signal of impending violence. Thus, just as a State may regulate only that obscenity which is the most obscene due to its prurient content, so too may a State choose to prohibit only those forms Page 83 of 88 the case of speech that purportedly is part of a criminal act. For such circumstances to exist, then, only \u201cdirected\u201d advocacy can be involved\u2013speech made in and tailored to a specific context, where it is likely, because of the relationship between speaker and listener, to have a concrete effect on the real world.230 2. The Concrete Impact Must Be Intended Here, the Brandenburg rule needs no translation: a verbal act cannot exist where the speaker had no such intention. If do not mean to enter into a contract, or to defraud an investor, or to foment a riot cannot be held responsible, because the act is not my own have only spoken without intending any real world consequences. Otherwise, Oliver Stone could be held responsible for copycat criminals who missed the entire point of his film Natural Born Killers. The First Amendment protects speech whose auditors bring to it their own preconceptions and inclinations, and interpose their own value systems and beliefs for those of the speaker.231 This is the primary distinction between the protected cross-burning in R.A.V. v. City of St. Paul and the unprotected harassment through implied threat permissibly proscribed in Virginia v. Black:232 The of intimidation that are most likely to inspire fear of bodily harm ban on cross burning carried out with the intent to intimidate is fully consistent with our holding in R. A. V. and is proscribable under the First Amendment\u201d). It remains, of course, to be seen if the Court will use this case as a bridgehead to an erosion of the specificity requirement, which was nowhere near as clear in Black as in other true threat cases. Compare, e.g., Watts, supra. 233Oncale, 523 U.S. at 80, quoting, Harris, 510 U.S. at 23 (Ginsburg, J., concurring). 234523 U.S. at 80-81. Page 84 of 88 Court declined to strip the burning of a cross with intent to intimidate specified observers of its long- established message: violence would follow, directed at that audience member at that locale in the near future. Notably, the Court struck down the portion of the statute in which the burning of a cross was deemed to constitute evidence of intent to intimidate; the state is still required to prove that such intent existed, beyond a reasonable doubt. In the case of hostile work environment harassment, the requirement that the harassive speech be pervasive or severe, and work a change in the terms and conditions of employment, covers some of the ground required concrete harm is required, as is the case in Brandenburg; Title is not violated unless \u201cmembers of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed.\u201d233 The speech must reach the level where it essentially subverts the contract between employer and employee, and renders it different from that enjoyed by other employees. Likewise, the Court has affirmed that no cause of action is made out unless there is an intent to discriminate, that is, the harasser must select his or her victim\u2013whether the victim and the harasser are both of the same gender\u2013and do so with the intent of changing the terms and conditions under which the victim is employed, based upon sex, race, religion or national origin.234 Again, this corresponds with the requirement in Brandenburg that the speaker must intend the concrete harm 235See Arraleh v. County of Ramsey, 2006 U.S. App 22738 (8th Cir. September 7, 2006) at 23-24; compare id. at 30-31 (Heaney, J., dissenting)(triable issue of fact where testimony established that plaintiff was \u201csubjected . . . to a stricter code of conduct than was applied to white coworkers.\u201d See also Maldonado v. City of Altus, 433 F.3d 1294 (10th Cir. 2006) (finding triable issue of fact existed as to whether \u201cEnglish only\u201d policy could create a hostile work environment based on Guidelines stating that such rules may create discriminatory atmosphere, and \u201cadversely impact employees with limited or no English skills . . . by denying them a privilege enjoyed by native English speakers: the opportunity to speak at work . . . .English-only rules create barriers to employment for employees with limited or no English skills . . . English-only rules prevent bilingual employees whose first language is not English from speaking in their most effective language, and . . . the risk of discipline and termination for violating English-only rules falls disproportionately on bilingual employees as well as persons with limited English skills.\u201d); see generally Williams v. Arrow Chevrolet, Inc., 121 Fed. Appx. 148 (7th Cir. 2005) (canvassing holdings of the Supreme Court, Sixth, Seventh Page 85 of 88 which she is advocating to take place, and to advocate it in circumstances in which is likely to take place. The one distinguishing factor from Brandenburg is temporal imminence. However, in the case of a hostile work environment, the slightly broader specificity factor, in the form of a relationship context allowing for concrete harm without intervening causation exists. Whether conceptualized as respondeat superior because of the employer\u2019s active ratification or as a result of passive tolerance, hostile work environment is about the subordination of some employees by others, based on membership in a protected class. It is about perpetuating a power system by keeping the subordinate caste in social subjugation, and the employer\u2019s involvement, whether explicit or tacit, is a key element to the cause of action. The courts have been grudging in watering down the requisite levels of severity or of pervasiveness, resisting almost instinctively the standard\u2019s inherent flexibility. As a result, plaintiffs have been required to show a concrete impact, which has the effect of altering the victim\u2019s relationship with management and co-workers in a manner that is both objectively perceivable and subjectively recognized\u2013the same terms and conditions of the employment contract do not apply.235 and Tenth Circuits); supra text at nn. 38-98. 236See, e,g., Williams, supra note 234 at *7-8; Comparing Elmahdi v. Marriott Hotel Servs., Inc., 339 F.3d 645, 653 (8th Cir. 2003) (finding no abuse or hostility where plaintiff suffered immature jibes about the sexuality of African men, such as himself), and Hafford v. Seidner, 183 F.3d 506, 514 (6th Cir. 1999) (mocking Muslim greeting and accusing plaintiff, a prison guard, of inciting a \u201choly war\u201d did not amount to hostile work environment), with Shanoff v. Ill. Dep't of Human Servs., 258 F.3d 696, 705-06 (7th Cir. 2001) (finding hostility where supervisor made statements such as hate everything that you are\u201d and know how to put you Jews in your place\u201d), and Venters v. City of Delphi, 123 F.3d 956, 976 (7th Cir. 1997) (accusations by born-again Christian supervisor that plaintiff had had sex with animals and should commit suicide created hostile environment). 237See, e.g., Romaniszack-Sanchez v. International Union of Operating Engineers, 121 Fed. Appx. 140 (7th Cir. 2005) 238See, e.g., McGinest v Service Corp., 360 F.3d 1103 (9th Cir. 2004) (hostile work environment claim made out where plaintiff\u2019s \u201cability to perform his job was directly affected by the refusal of his coworkers to work under his direction on occasion\u201d and other concrete affects could be shown). Page 86 of 88 These courts have sometimes gone embarrassingly out of their way to emphasize that speech, however offensive, that does not have this impact cannot create a hostile work environment.236 Thus, where an employee participates in sexual banter, or complains about general workplace offensiveness that does not exclude her, no hostile work environment can be established.237 By contrast, where concrete impact can be shown, and traced to the discriminatory animus, a hostile work environment can be shown.238 This does not mean, of course, that the line will always be clear: where emotional isolation, de facto segregation and alienation are at issue, the questions get progressively harder. Yet, the Supreme Court has made clear that emotional impact is one form of compensable injury sufficient to establish a violation of Title VII, but that no pathological or traumatic psychological condition 239See Harris, 510 U.S. at 21-22; supra text at notes 41-46. 240See, e.g., Stuto v. Fleischman, 164 F.3d 820, 828 (2d Cir. 1999) (applying New York State law); Rivas v. Suffolk County, 326 F. Supp. 2d 355, 360 (E.D.N.Y. 2004). 241In New York law, the requisite showing that conduct be \u201cso outrageous, and so extreme in degree, as to go beyond all possible bounds of decency, and be regarded as atrocious, and utterly intolerable in a civilized society\u201d as well as intentional and causative of harm. See Howell v. New York Post Co., 81 N.Y.2d 115, 596 N.Y.S.2d 350 (1993) (newspaper\u2019s publication of plaintiff\u2019s photograph depicting her in psychiatric facility in company of notorious crime victim/criminal which revealed to public her institutionalization deemed insufficient, even where photographer obtained photograph by act of trespass); Lewittes v. Bloom, 18 A.D.3d 261, 795 N.Y.S.2d 13 (1st Dept. 2005); Rall v. Hellman, 284 A.D.2d 113, 726 N.Y.S.2d 629 (1st Dept. 2001)(impersonation of writer-cartoonist and uttering statements designed to bring him into disrepute insufficient). Page 87 of 88 need be caused by the hostile work environment for liability to attach.239 While the requisite concrete impact\u2013a change in the terms and conditions of employment\u2013is therefore less than ideally clear, it is not unprecedentedly so compared to other causes of action sounding in tort, such as intentional infliction of emotional distress.240 Intentional infliction of emotional distress, like a hostile work environment, is a cause of action that could subject otherwise protected speech to liability; like hostile work environment doctrine it is hedged around by a high threshold of intent and impact designed to protect speech and limit the cause of action to speech brigaded with action.241 Embrace of the seemingly old-fashioned dichotomy between speech and action may seem simplistic to some; speech is an act of a kind, after all, and sometimes has consequences such as (or even worse than) the swinging of a fist. But the distinction is in fact based on a meaningful difference. Speech\u2013that is, purely communicative acts that merely convey ideas, information or images\u2013may cause harm, but solely through the independent action of another person who evaluates the ideas, information or images received, and who chooses to act after brining in a separate and Page 88 of 88 independent component\u2013that person\u2019s own judgment. Even if it is foreseeable that someone who comes into contact with the speech will react to it in a particular way\u2013either by performing unlawful conduct in agreement with the message conveyed in the speech or by performing such conduct in revulsion from the message\u2013the resultant harm depends on an independent actor\u2019s own internalization of the speech and arrival at a decision about the appropriate response. This is plainly a different set of circumstances from that addressed by the Brandenburg test, or by the verbal act concept from which it derives. The debate over the First Amendment and hostile work environment will inevitably continue, especially as the issue has not been addressed by the courts full on. Moreover, much of the scholarship in the field seeks to relegate the doctrine to the scrap-heap entirely, or to bowdlerize the First Amendment in the name of equality. But if the legal academy can accept that the \u201cbright line\u201d approach of the First Amendment and the standard of Title each partake a little of the essence of the other\u2013the rule is not as pellucid, the standard not as indeterminate\u2013as makes for theoretical comfort, we can begin to harmonize the statutory proscription to the Constitutional provision. Each, after all, serves the same goal: the protection of ideas and debate, but not of discriminatory acts.", "7584_104.pdf": "\uf002 / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 1/7 CLASSROOM: The Student Who Sued Her Professor For Calling Her \"Monica Lewinsky\" By [email protected] ---- Tuesday, Feb. 13, 2001 Inbal Hayut \u0000 then a student at the State University of New York at New Paltz \u0000alleges that her professor called her \"Monica Lewinsky\" in front of the class, at the same time that the real Monica was making headlines for her salacious relationship with Bill Clinton. She also alleges that the professor made comments in the classroom such as \"How was your weekend with Bill?\" and \"Shut up, Monica. I'll give you a cigar later.\" Based on these allegations, Hayut has sued Professor Alex Young, his supervisors, and the University that employed them \u0000 bringing claims pursuant to both Title of the Education Amendments of 1972, a federal statute that prohibits discrimination on the basis of sex in educational institutions, and 42 U.S.C. \u00a7 1983, a federal statute that provides a monetary remedy for deprivations of federal constitutional and statutory rights. Last month a federal district court permitted Hayut to go forward with her Title 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 2/7 Last month, a federal district court permitted Hayut to go forward with her Title claims against the university and her Section 1983 claims against the individual defendants. Her case illustrates interesting issues about how the law addresses claims of teacher-student harassment. Title and Sexual Harassment Title prohibits schools that receive any federal financial assistance from discriminating on the basis of sex, and sexual harassment is one form of intentional sex discrimination. To win a sexual harassment suit under Title IX, Hayut must prove both that she suffered actionable harassment, and that someone can be held liable for it. Hayut's theory of sexual harassment is that Young created a hostile educational environment. To prevail on this theory, she needs first to prove that she was subjected to unwelcome sexual conduct. Assuming the facts are as she claims, that should be straightforward. Moreover, if Hayut's allegations are true, those comments were clearly unwelcome. Hayut says that she never gave any indication that she thought the professor's comments were funny or appropriate, and that she eventually asked him to stop. (The \"unwelcomeness\" requirement possibly could have been subject to legitimate debate had there, for example, been a teacher-student sexual relationship, but no one claims that happened here.) To establish a \"hostile environment,\" Hayut must also prove that Young's conduct was sufficiently severe or pervasive to alter the conditions of her learning environment. One incident of unwelcome physical contact is usually sufficiently severe to create a hostile environment, but most courts require mere verbal conduct to be a recurring problem. Here, the conduct is alleged to have continued throughout the semester, and to have occurred in front of Hayut's classmates. Those allegations, if proven, will be helpful in providing severity or pervasiveness \u0000 as is the fact that Hayut was majoring in the subject the professor taught \u0000 but they will still not be dispositive. Supervisory and Institutional Liability: Is There Proper Defendant? Proving actionable harassment is only half the battle\u0096Hayut must also prove that someone can be held responsible for it. Hayut is going after Young, his supervisors, and the university. But liability rules are different for individuals and educational institutions, and in any case can be quite complicated. 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 3/7 , y q p Most courts, for example, agree that individuals cannot be held liable under Title IX, and the federal district court in Hayut's case accordingly dismissed those claims. Schools, however, can be held liable under Title IX, and thus Hayut's claims against the university still stand. Prior to 1998, most courts found schools automatically liable for teacher-student harassment, on the theory that teachers are agents of the school. But in 1998, the Supreme Court, in Gebser v. Lago-Vista Independent School District, imposed a much more stringent standard of liability. There, the Court ruled that educational institutions can only be forced to pay damages for teacher-student harassment when school officials with the capacity to stop the harassment had actual notice of the harassment and responded with deliberate indifference. Gebser , therefore, makes it exceedingly difficult for students to hold schools liable for teacher-student harassment. Such a high standard is unfortunate given the prevalence of sexual harassment in schools at all levels and the devastating impact it can have on its victims. To prevail on her claim against the university, Hayut needs to prove that she gave actual notice of the harassment to someone with the power to stop it, and that that person (or other officials) were deliberately indifferent to her complaint. Hayut alleges that she first asked the offending professor to stop, and then complained to an associate dean about the comments. The associate dean, in turn, referred her to the chair of the political science department. She went to see the chair, told his staff of the reason for her visit, and waited for an hour, but never actually spoke to him. Still, given Gebser's tough standards, the success of her case is anything but a sure thing. If the university can show that the dean did not have the requisite authority, and that Hayut never gave notice of her complaint to anyone who did have such authority, then the university may avoid liability. Section 1983 and Sexual Harassment Hayut also filed suit under Section 1983, a statute that permits the enforcement of other federal statutory and constitutional rights, by ensuring that plaintiffs may receive damages if these rights are violated. Hayut is trying to use Section 1983 to enforce her rights under both Title and, because the university is a state institution the federal Constitution's Equal Protection Clause 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 4/7 institution, the federal Constitutions Equal Protection Clause. One of the benefits of using Section 1983 in a situation like Hayut's is that it may be easier to hold supervisors liable for the harasser's misconduct than under Title \u0000 so that the same claims may have a higher likelihood of success if brought under Section 1983 rather than directly under Title IX. The Supreme Court, however, has never decided whether a plaintiff may concurrently pursue claims under both Title and Section 1983, if they are based on the same underlying conduct. Most of the lower courts to address the question have held that Section 1983 cannot be used to enforce Title directly. They have reasoned that Title itself supplies a sufficiently comprehensive remedial scheme, and thus the extra damages remedy that Section 1983 would add is unnecessary. Courts also generally agree that because Title does not permit individual liability, the existence of Title (a remedy against institutions alone) cannot possibly extinguish Section 1983 equal protection claims against individuals. As a result, Hayut's Section 1983 equal protection claims against her professor and his supervisors have been allowed to proceed. But courts have split on whether, in a teacher-student case in which Title claims are brought, an institution can concurrently be sued under Section 1983 to enforce equal protection rights. Some courts have said yes. But some courts \u0000including the Hayut court \u0000 have said no. They have reasoned that since plaintiffs can sue institutions under Title IX, they need not also sue them under Section 1983 and the equal protection clause. These latter decisions are poorly reasoned: How can a statutory remedy extinguish a constitutional right? Nevertheless, they will govern Hayut's case as it proceeds to trial, limiting her to bringing only Title claims, but no Section 1983 claims, against the university. What We Can Learn From Hayut Second, victims of sexual harassment may possess a second avenue of attack, at least with respect to individual professors alleged to be harassers: an equal protection claim enforced through Section 1983. But that is an option only for students attending state universities. For them, using Section 1983 may mean they can redress their complaints without meeting the heightened liability standards of Title IX, and thus more easily obtain compensation for harassment. Was this helpful? Yes No 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 5/7 Joanna Grossman, a FindLaw columnist, is an associate professor of law at Hofstra University, where she teaches Sex Discrimination Law, among other subjects. Professor Grossman's other articles on sex harassment, in law firms and elsewhere, may be found in the archive of her pieces on this site Questions \uf105 Our Team Accessibility Legal Forms & Services 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 6/7 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 US: \uf09a \uf16a \uf16d Contact Us Learn About the Law State Laws U.S. Caselaw U.S. Codes \uf105 By Location By Legal Issue By Lawyer Profiles By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 8:03 Sexual Harassment In The Classroom \| FindLaw 7/7", "7584_105.pdf": "Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) U.S. District Court for the Northern District of New York - 217 F. Supp. 2d 280 2002) July 30, 2002 217 F. Supp. 2d 280 (2002) Inbal HAYUT, Plaintiff, v YORK; State University of New York College at New Paltz; Alex Young, Individually; Richard Varbero, Individually; Gerald Benjamin, Individually; Lewis Brownstein, Individually, Defendants. No. 1:00CV00725 HGM/RFT. United States District Court, N.D. New York. July 30, 2002. 281 282 283 Colin Law Office, (Lisa Fern Colin, Esq., William Martin, Esq. of counsel), White Plains, NY, for Plaintiff. Epstein Becker & Green, P.C. (Kenneth J. Kelly, Esq., Lauren A. Malanga, Esq. of counsel), New York City, for Defendant Young. Hon. Eliot Spitzer, Attorney General of the State of New York (June Steinberg of Counsel), Albany, NY, for Defendants State University of New York College at New Paltz, Varbero, Benjamin and Brownstein, Office of the Attorney General. 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 1/14 MUNSON, Senior District Judge After completing two years of community college, plaintiff Inbal Hayut enrolled as 284 a student at defendant State University of New York College at New Paltz New Paltz\"), a part of defendant State University of New York (\"SUNY\") (collectively defendants\") for the 1998-99 academic year. Upon enrollment, plaintiff registered for two classes with defendant Professor Alex Young (\"Prof.Young\")International Politics and Multinational Corporations which met every Tuesday and Thursday during the Fall 1998 semester. Plaintiff alleges that Prof. Young sexually harassed her during class throughout the semester. This alleged harassment consisted of Prof. Young referring to plaintiff as \"Monica Lewinsky\" and making the following comments in front of the entire class: \"How was your weekend with Bill?,\" \"Be quiet, Monica will give you a cigar later,\" and \"You are wearing the same color lipstick that Monica wears.\" Plaintiff maintains that in response to Prof. Young addressing her as \"Monica,\" she told him several times that \"Monica\" was not her name. Furthermore, plaintiff alleges that Prof. Young's comments caused her great distress and interfered with her academic performance. In November 1998, during the period of alleged harassment, plaintiff went to defendant Associate Dean Richard Varbero (\"Dean Varbero\") to complain about Prof. Young's conduct. Dean Varbero spent about an hour with plaintiff discussing her complaint and afterwards referred her to defendant Professor Lewis Brownstein (\"Prof.Brownstein\"), the Chair of Prof. Young's department. Upon leaving Dean Varbero's office, plaintiff decided to see Prof. Brownstein. Prof. Brownstein, however, was not in his office at the time. Plaintiff waited 10 or 15 minutes for him to return and eventually left. Plaintiff did not speak with Prof. Brownstein until the end of January 1999, when the fall semester had concluded and she was no longer registered in any of Prof. Young's classes. Upon learning about Prof. Young's allegedly offensive behavior, Prof. Brownstein asked plaintiff for a written complaint. On February 11, 1999, a number of college officials including defendant Dean Gerald Benjamin (\"Dean Benjamin\"), Dean Varbero, and Prof. Brownstein attended a meeting held to discuss Prof. Young's conduct. On February 16, 1999, plaintiff delivered her written 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 2/14 complaint to Prof. Brownstein's office. The following day, February 17, 1999, Dean Benjamin, Dean Varbero, and Prof. Brownstein met with Prof. Young to address plaintiff's complaint. On March 18, 1999, Prof. Young tendered his letter of resignation, which was accepted by college officials. During the middle of the Spring 1999 semester, plaintiff left New Paltz. Plaintiff received failing grades in all of her courses for that semester because she did not formally withdraw from school. Prior to being allowed to continue her studies at Pace University, plaintiff had to complete a year of remedial education. On February 2, 2000, plaintiff commenced the instant action in the Southern District of New York against defendants pursuant to Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, 42 U.S.C. \u00a7\u00a7 1983 and 1988, and various state laws including the New York State Human Rights Law, Executive Law \u00a7 296 (\"HRL\"). She asserted causes of action for sex discrimination, due process and equal protection violations, state constitutional tort, ministerial neglect, defamation, and intentional infliction of emotional distress. Prof. Young moved to dismiss all claims against him pursuant to Federal Rules of Civil Procedure 12(b) (6). The other defendants moved for the judgments on the pleadings pursuant to Federal Rules of Civil Procedure 12(c). This court granted in part and denied in part 285 Prof. Young's motion to dismiss and granted in part and denied in part the other defendants' motion for judgment on the pleadings. The Court allowed plaintiff to proceed with respect to the following claims: (1) \u00a7 1983 Federal Equal Protection claim against Prof. Young, Prof. Brownstein, Dean Varbero, and Dean Benjamin; (2) Title claim against and New Platz; (3) state constitutional tort claim against Prof. Young, Prof. Brownstein, Dean Varbero, and Dean Benjamin; (4) New York Human Rights Law claim against Prof. Young, Prof. Brownstein, Dean Varbero, and Dean Benjamin; (5) ministerial neglect claim against Prof. Brownstein, Dean Varbero, and Dean Benjamin. Currently before this court are defendants' motions for summary judgment dismissing the complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has entered opposition to these motions I. Standard for Summary Judgment 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 3/14 The standard for summary judgment is well-settled. Rule 56 of the Federal Rules of Civil Procedure allows for summary judgment where the evidence demonstrates that \"there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law.\" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986). Summary judgment is properly regarded as an integral part of the Federal Rules as a whole, which are designed \"to secure the just, speedy and inexpensive determination of every action.\" Celotex Corp. v. Catrett, 477 U.S. 317, 326, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (quoting Federal Rule of Civil Procedure 1 motion for summary judgment may be granted when the moving party carries its burden of showing that no triable issues of fact exist. See Thompson v. Gjivoje, 896 F.2d 716, 720 (2d Cir. 1990). In light of this burden, any inferences to be drawn from the facts must be viewed in the light most favorable to the non-moving party. See id.; United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S. Ct. 993, 8 L. Ed. 2d 176 (1962) (per curiam). If the moving party meets its burden, the burden shifts to the non-moving party to come forward with \"specific facts showing that there is a genuine issue for trial.\" Fed.R.Civ.P. 56(e). To defeat a motion for summary judgment, however, the non-moving party \"must do more than simply show that there is some metaphysical doubt as to the material facts.\" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986 dispute regarding a material fact is genuine \"if evidence is such that a reasonable jury could return a verdict for the non-moving party.\" Anderson, 477 U.S. at 248, 106 S. Ct. 2505. When reasonable minds could not differ as to the import of the evidence, then summary judgment is proper. See id. at 250-251, 106 S. Ct. 2505. II. Fourteenth Amendment Equal Protection Claim A. Fourteenth Amendment Equal Protection Claim Against Prof. Young Plaintiff, pursuant to section \u00a7 1983, alleges that Prof. Young violated the Equal Protection Clause of the Fourteenth Amendment by sexually harassing her. In order to state a claim for relief under \u00a7 1983, a plaintiff must prove (1) that the conduct complained of occurred \"under color of state law\" and (2) that this conduct deprived plaintiff of \"rights, privileges, or immunities secured by the U.S. Constitution or federal law.\" See Pitchell v. Callan, 13 F.3d 545, 547 (2d Cir.1994). 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 4/14 286 1. Under Color of State Law person acts under color of state law when he or she exercises power \"possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.\" Polk County v. Dodson, 454 U.S. 312, 317, 102 S. Ct. 445, 70 L. Ed. 2d 509 (1981). In the present case, as the result of his employment relationship with New Paltz, an institution of New York State, Prof. Young's actions as a tenured University Professor are clothed with color of state law and as such satisfy the first element of a \u00a7 1983 cause of action. See Gonzalez v. Kahan, 1996 705320 at 2 (E.D.N.Y.1996). 2. Deprivation of Rights, Privileges, or Immunities Since it is necessary to establish a violation of a federally protected right to satisfy the second element of a \u00a7 1983 cause of action, plaintiff asserts that Prof. Young violated the Equal Protection Clause of the Fourteenth Amendment by sexually harassing her. However, in order to succeed on her \u00a7 1983 claim based on sexual harassment, plaintiff must offer sufficient proof that Prof. Young's conduct was (1) intentional harassment; (2) based on sex; (3) done under color of state law, and (4) sufficiently extensive to render the environment hostile. See Cohen v. Litt, 906 F. Supp. 957, 964 (S.D.N.Y.1995). In proving sexual harassment, a plaintiff must produce evidence that her educational experience was \"permeated with discriminatory intimidation, ridicule and insult that [was] sufficiently severe or pervasive to alter the conditions\" of her education and create a sexually hostile environment. See Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S. Ct. 367, 126 L. Ed. 2d 295 (1993). This standard requires an objectively hostile or abusive environment, as well as the victim's subjective perception that the environment is abusive. See Richardson v. New York State Dept. of Corr. Service, 180 F.3d 426, 436 (2d Cir.1999). From this court's review of the record, it is clear that plaintiff viewed her environment as hostile and abusive. Therefore, the remaining question before this court is whether the environment was \"objectively hostile,\" i.e., whether a reasonable person in plaintiff's circumstances would find the educational environment so severe, pervasive, and objectively offensive as to undermine plaintiff's educational experience and deny her equal access to an institution's resources and opportunities. See Davis v. Monroe Co. Bd. of Educ., 526 U.S. 629, 650, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999). Whether the environment is hostile or abusive can be determined only by looking at the totality of circumstances. See Raniola v. Bratton, 243 F.3d 610, 616 (2d Cir.2001). In 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 5/14 determining whether a plaintiff has established that an environment is hostile or abusive, a court is particularly concerned with (1) the conduct's severity; (2) the frequency of the abusive conduct; (3) whether it is physically threatening or humiliating rather than merely offensive; and (4) whether it unreasonably interferes with the plaintiff's performance. See Harris, 510 U.S. at 23, 114 S. Ct. 367 court may find alleged conduct to be frequent and severe if the plaintiff can demonstrate that a single incident was extraordinarily severe, or that a series of incidents were sufficiently continuous and concerted as to have altered conditions of plaintiff's working or educational environment. See Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir.2000); Williams v. Bd. of Hudson River/Black River Regulating 287 Dist., 2001 1217199 at 1 (N.D.N.Y.2001) (McCurn, S.J.) (summary judgment denied where defendant asked plaintiff out on dates, started rumors that he was sexually involved with the plaintiff, and touched her at the office or at work-related events). However, sporadic use of abusive language, gender related jokes, or occasional episodes of harassment will not constitute actionable hostile educational environment. See Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S. Ct. 2275, 141 L. Ed. 2d 662 (1998); Gonzalez v. Kahan, 1996 705320 at 1-3 (E.D.N.Y.1996) (defendant granted summary judgment where plaintiff failed to establish hostile environment sexual harassment claim based on claims that defendant stared at plaintiff \"lasciviously,\" asked her to marry him, gave plaintiff a \"bear hug,\" and called plaintiff a name other than her own in front of the entire class); Saxton v. American Tel. & Tel. Co., 10 F.3d 526, 534-35 (7th Cir.1993) (court affirmed district court's conclusion that supervisor's inappropriate conduct was not so severe or pervasive as to create a hostile work environment where he touched and rubbed plaintiff's legs, pulled plaintiff into a doorway attempting to kiss her, and lurched at her as if to grab her). In the present case, plaintiff has not shown that the events complained of occurred with any frequency or severity. Plaintiff attempts to create an appearance of pervasiveness by asserting that Prof. Young frequently called her \"Monica\" and made \"Monica-related comments\" through the entire Fall 1998 semester. However, according to plaintiff's own deposition testimony, Prof. Young did not start calling her \"Monica\" until the third week of classes. Furthermore, plaintiff missed two and a half weeks of classes for her brother's bar mitzvah in October. Finally, in the beginning of November, Prof. Young missed one full week of classes to make a trip to Japan. Considering that there are approximately 14 weeks in each semester, the inappropriate conduct could have occurred only for about half of the semester. Taking all the evidence into account, the court finds that alleged conduct constitutes sporadic and infrequent contact which is insufficient to establish a hostile environment claim. See Baskerville v. Culligan International Co., 50 F.3d 428, 430 (7th 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 6/14 Cir.1995) (holding that nine comments over a seven month period could not \"reasonably be thought to add up to sexual harassment\"). Even though Professor Young's conduct is highly offensive and obviously inappropriate, it does not rise to the level of \"actionable sexual harassment.\" The Supreme Court has stated that Title is not a \"general civility code\" designed to purge the workplace of all vulgarity. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S. Ct. 998, 140 L. Ed. 2d 201 (1998). Occasional vulgar banter, even if tinged with sexual innuendo, does not create a cause of action for sexual harassment. See Baskerville, 50 F.3d at 428. While Prof. Young's conduct is improper and politically incorrect, it does not constitute sexual harassment. Plaintiff not only fails to show that the conduct complained of occurred with any frequency or severity, but she also cannot demonstrate that this conduct interfered with her educational progress. Even though plaintiff alleges that her educational experience was disrupted, her allegations are not supported by the submitted evidence. Plaintiff's cumulative during her community college enrollment and before enrolling at New Paltz was 2.38. While at New Paltz, plaintiff earned a 2.09 GPA. Subsequent to her enrollment at New Paltz, plaintiff's was 2.5 after her first semester 288 at Pace University. Considering that plaintiff's grades at New Paltz were consistent with the grades that she received at her community college, as well as with those she earned at Pace, a reasonable jury, based on this information alone, may not conclude that alleged conduct interfered with plaintiff's educational progress or academic performance. Because plaintiff failed to establish that the alleged conduct occurred with any frequency or severity, that it was threatening to the plaintiff, or that it interfered with her educational progress, plaintiff failed to establish the essential elements of her hostile environment claim. Therefore, defendant is entitled to summary judgment on plaintiff's Fourteenth Amendment equal protection claim. B. Fourteenth Amendment Equal Protection Claim Against Prof. Brownstein, Dean Varbero, and Dean Benjamin As a prerequisite to a \u00a7 1983 claim against a defendant in a supervisory capacity, a plaintiff must allege that the defendant was directly or personally involved in the alleged constitutional deprivation. See Wright v. Smith, 21 F.3d 496, 501 (2d Cir.1994). The general doctrine of respondeat superior or vicarious liability does not suffice to impose 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 7/14 liability for damages in a \u00a7 1983 action. See Monell v. Department of Soc. Servs., 436 U.S. 658, 691, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978 defendant in a supervisory position may be found personally involved in the deprivation of plaintiff's constitutional rights in a number of ways, such as: The defendant may have directly participated in the infraction supervisory official, after learning of the violation through a report or appeal, may have failed to remedy the wrong supervisory official may be liable because he or she created a policy or custom to continue ... Lastly, a supervisor official may be personally liable if he or she was grossly negligent in managing subordinates who caused the unlawful condition or event. Williams v. Smith, 781 F.2d 319, 323 (2nd Cir.1986). In sum, a supervisory official will be held liable only if the official failed to remedy a violation after learning of it, created or allowed a policy to continue under which the violation occurred, or was grossly negligent in managing the subordinates. See Keyes v. Strack, 1997 187368, at 3 (S.D.N.Y.1997). As more extensively discussed in connection with defendants' argument for summary judgment with respect to plaintiff's Title claim, the submitted evidence demonstrates that the individual defendants did not fail to remedy a violation after being notified of its existence and therefore, are not liable under \u00a7 1983. Furthermore, plaintiff cannot hold individual defendants liable by alleging that they created a policy or custom under which the violation occurred. Policy at New Paltz is made by the president's cabinet, not by the individual defendants. Individually, defendants have no power to change policy at New Paltz. Considering that defendants were not personally involved in the violation, and considering that they cannot be held liable for damages under \u00a7 1983 simply because they occupied high position of authority, defendant's motion for summary judgment with respect to a \u00a7 1983 equal protection claim is granted. III. Title Claim Against Defendants As previously discussed, plaintiff has failed to establish the essential elements 289 for a hostile educational environment claim on the basis of sexual harassment. Assuming arguendo that plaintiff had introduced sufficient evidence to support her claim, she still 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 8/14 would not be able to prevail on her Title claim because there is no evidence that defendants were \"deliberately indifferent\" to her allegations. Title of the Education Amendments of 1972 provides, in pertinent part: [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 \u00a7 1681(a). Recently, the Supreme Court reiterated that Title is enforceable through an implied private right of action against an institution and that monetary damages are available in such an action. See Franklin v. Gwinnett Co. Pub. Sch., 503 U.S. 60, 65, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992). However, not all sexual harassment gives rise to institutional liability. An educational facility will be liable to a student for acts of sexual harassment by a professor only if the student can demonstrate that (1) the institutional defendant had actual knowledge of alleged discrimination and (2) the official who had the authority to take corrective action to end the alleged discrimination was deliberately indifferent to the harassment and failed to respond reasonably. See Gebser v. Lago Vista Independent Sch. Dist., 524 U.S. 274, 292, 118 S. Ct. 1989, 141 L. Ed. 2d 277 (1998). A. Actual Knowledge of Discrimination Actual knowledge of discrimination may be established by showing that an \"educational institution possessed enough knowledge of the harassment that it reasonably could have responded with remedial measures to address the kind of harassment upon which plaintiff's legal claim is based.\" Crandell v. New York Coll. of Osteopathic Med., 87 F. Supp. 2d 304, 321 (S.D.N.Y.2000). In the present case, plaintiff did not notify any school official about the alleged sexual harassment by Prof. Young until the end of the Fall 1998 semester, when plaintiff met with Dean Varbero. Consequently, the school cannot be held liable for any incidents of harassment that occurred prior to this meeting because the school lacked actual knowledge that the alleged sexual harassment was taking place. See Flores v. Saulpaugh, 115 F. Supp. 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 9/14 2d 319, 322 n. 4 (N.D.N.Y. 2000) (Hurd, J.). However, once the plaintiff notified Associate Dean Varbero, the college is deemed to have actual notice of the alleged sexual harassment. B. Deliberate Indifference In addition to actual knowledge, the Supreme Court also requires that an educational institution act with deliberate indifference to its knowledge of sexual harassment before it can be liable under Title IX. See Gebser, 524 U.S. at 277, 118 S. Ct. 1989. An educational facility is deliberately indifferent if it makes \"an official decision not to remedy the situation.\" Id. at 288, 118 S. Ct. 1989 plaintiff does not need to prove that defendant's action or inaction was taken \"maliciously or sadistically for the very purpose of causing harm.\" Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir.1999). Rather, deliberate indifference can be found where defendant's response to harassment, or lack thereof is clearly unreasonable in light of the known circumstances. See Davis, 526 U.S. at 648, 119 S. Ct. 1661. In the present case, the college officials reasonably responded to plaintiff's complaint 290 concerning Prof. Young's offensive behavior. Plaintiff communicated her claims of sexual harassment to Dean Varbero for the first time at the end of the Fall 1998 semester and the college officials took the following steps to remedy the situation: (1) the plaintiff was instructed to provide a written complaint; (2) the college officials met prior to receiving the written complaint; (3) the Dean, Associate Dean and Department Chair met with Prof. Young the day after the written complaint was received; and (4) Prof. Young resigned approximately one month from the date plaintiff submitted her written complaint in February 1999. The actions taken by the college officials to remedy the situation are reasonable and prompt considering that plaintiff complained at the end of the semester, which was followed by a semester break when students and faculty were away. Furthermore, plaintiff did not have any classes with Prof. Young after December 8, 1998. Taking all the circumstances into account, a reasonable jury could not conclude that the actions of the college officials amounted to deliberate indifference. Accordingly, summary judgment on plaintiff's Title must be granted. IV. State Law Constitutional Tort Claim Against Prof. Young, Prof. Brownstein, Dean Varbero, and Dean Benjamin Article I, Section 11 of the New York State Constitution provides in relevant part: 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 10/14 No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his civil rights by any other person or by any for, corporation, or institution, or by the state or any agency or subdivision of the state. In Brown v. State, 89 N.Y.2d 172, 190, 652 N.Y.S.2d 223, 674 N.E.2d 1129 (1996), the New York State Court of Appeals implied a private right of action under the New York State Constitution similar to an individual's private right of action under 42 U.S.C. \u00a7 1983 for violations of the United States Constitution. In analyzing claims brought as state constitutional torts, the Court of Appeals applies federal Fourteenth Amendment standards. Id. As previously discussed, plaintiff failed to establish that Prof. Young violated the Equal Protection Clause of the Fourteenth Amendment by sexually harassing her. Considering that plaintiff failed to establish a violation of a federally protected right and the same standard applies for state equal protection claims, summary judgment must be granted in favor of Prof. Young. Furthermore, plaintiff may not hold individual defendants liable in their supervisory position unless those defendants were deliberately indifferent to her complaints of discrimination and their indifference was equivalent to an intent for discrimination to occur. As discussed in connection with plaintiff's Title and \u00a7 1983 claims, the reasonable response of individual defendants to plaintiff's complaint about Prof. Young did not, as a matter of law, amount to an intent that any discrimination occur. Consequently, plaintiff has no constitutional tort cause of action against individual defendants and they are entitled to summary judgment on this claim. V. New York State Human Rights Law Claim Against Prof. Young, Prof. Brownstein, Dean Varbero, and Dean Benjamin New York's State Human Rights Law (\"HRL\") makes it an unlawful discriminatory practice for any person to aid, abet, 291 incite, compel or coerce the doing of any of the acts forbidden under the or attempting to do so. Executive Law \u00a7 296(6). The statute prohibits any agent or employee of a place of public accommodation from withholding or denying any person the accommodations, advantages, facilities or privileges of such place 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 11/14 on account of person's sex. Executive Law \u00a7 296(2) (a). However, the statute explicitly excludes colleges and universities from the definition of places of public accommodations. Executive Law \u00a7 292(9). Additionally, while the statute prohibits discrimination in certain colleges, it does not prohibit discrimination based on sex. Executive Law \u00a7 296(4). In order to succeed on a claim based on a violation of the HRL, plaintiff has to identify the section of the law that has been allegedly violated. The plaintiff's main contention is that she suffered discrimination on account of her sex close examination of HRL, however, reveals that none of its provisions prohibit discrimination by a state college against a student on the basis of sex. The conduct alleged by plaintiff, even if true, is not conduct prohibited by statute. Consequently, plaintiff has no cause of action against defendants based upon the \"aid or abet\" language of the statute. Even if the plaintiff could demonstrate that the applied to her case, in order to succeed on her claim against Prof. Brownstein, Dean Varbero, and Dean Benjamin, she would still have to demonstrate that these individual defendants actually participated in the discriminatory conduct. See Tomka v. Seiler, 66 F.3d 1295, 1305 (2d Cir.1995). Plaintiff's claim is based upon allegations that the individual defendants adopted policies designed to frustrate the bringing of sexual harassment complaints against faculty members. Plaintiff has no evidence to support these allegations. Considering that \"sweeping allegations unsupported by admissible evidence do not raise a genuine issue of material fact,\" the individual defendants are entitled to summary judgment on plaintiff's claim. See Shumway v. United Parcel Serv. Inc., 118 F.3d 60, 65 (2d Cir.1997). VI. Ministerial Neglect Claim Against Prof. Brownstein, Dean Varbero, and Dean Benjamin public employee's ministerial acts, i.e., \"conduct requiring adherence to governing rule, with a compulsory result,\" may subject the public employer to liability for negligence. See Tango v. Tulevech, 61 N.Y.2d 34, 40, 471 N.Y.S.2d 73, 459 N.E.2d 182 (1983). However, not every ministerial breach by a governmental employee necessarily gives rise to municipal liability. According to the New York State Court of Appeals, the ministerial wrong simply removes the issue of governmental immunity from the case. See Lauer v. City of New York, 95 N.Y.2d 95, 115, 711 N.Y.S.2d 112, 733 N.E.2d 184 (2000). Plaintiff must still prove the existence of an essential element of any negligence caseduty. Id. at 100, 711 N.Y.S.2d 112, 733 N.E.2d 184. For \"without a duty running directly to the injured person there can be no liability in damages, however careless the conduct or foreseeable the harm.\" Id. Furthermore, the duty breached by the defendants must be more than that 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 12/14 owed to the public in general. See Florence v. Goldberg, 44 N.Y.2d 189, 195, 404 N.Y.S.2d 583, 375 N.E.2d 763 (1978). In the present case, plaintiff asserts that federal law requires all administrators and supervisors to notify the Affirmative Action Office of any student complaint of sexual harassment as soon as complaint received. The statute provides in pertinent part: 292 Each recipient shall designate at least one employee to coordinate its efforts to comply with and carry out responsibilities under this part, including any investigation of any complaint communicated to such recipient alleging its noncompliance with this part or alleging any actions which would be prohibited by 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. 34 \u00a7 106.8. The express statutory language indicates that plaintiff is incorrect in her interpretation of the statute. The statute does not require individual defendants to report plaintiff's sexual harassment complaint to the \"designated employee,\" i.e., Affirmative Action Office; the statute simply requires the college to have such an employee in place. Considering that the statute does not impose upon individual defendants any duty to report received sexual harassment complaints, plaintiff's claim for ministerial neglect must fail as a matter of law. Furthermore, plaintiff may not succeed on her ministerial claim by asserting that individual defendants violated federal and state law because they did not handle her complaint in a prompt and effective manner. As discussed in connection with plaintiff's Title and \u00a7 1983 claims, these assertions are without merit. Additionally, plaintiff submitted no evidence suggesting that handling the complaint through the Affirmative Action Office would have resulted in a more efficient resolution of the problem and less injury to the plaintiff. Considering that the individual defendants' conduct with respect to the plaintiff's sexual harassment complaint did not constitute \"tortious\" breach of ministerial duty, plaintiff's claim of ministerial neglect must fail 2/22/25, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 13/14 WHEREFORE, for the foregoing reasons, it is hereby ORDERED, that defendants' motions for summary judgment are and the complaint is hereby in its entirety. It is further ORDERED, that the Clerk of the Court serve a copy of this MemorandumDecision and Order upon the parties by regular mail 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, 8:03 Hayut v. State University of New York, 217 F. Supp. 2d 280 2002) :: Justia 14/14", "7584_106.pdf": "Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Individually, Richard Varbero, Individually, Gerald Benjamin, Individually, and Lewis Brownstein, Individually, Defendants- appellees, 352 F.3d 733 (2d Cir. 2003 Court of Appeals for the Second Circuit - 352 F.3d 733 (2d Cir. 2003) Argued: April 24, 2003 Decided: December 18, 2003 William Martin, Colin Law Office, White Plains, NY, for Plaintiff- Appellant Inbal Hayut. Kenneth J. Kelly, Epstein, Becker & Green, P.C., New York, N.Y. (Lauren A. Malanga, on the brief), for Defendant-Appellee Alex Young, individually. Andrea Oser, Assistant Solicitor General, Office of the State Attorney General, Albany, N.Y. (Eliot Spitzer, Attorney General of the State of New York, and Nancy A. Spiegel, Assistant Solicitor General, Office of the State Attorney General, Albany, NY, on the brief), for 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 1/26 Defendants-Appellees State University of New York, State University of New York College at New Paltz, Richard Varbero, individually, Gerald Benjamin, individually, and Lewis Brownstein, individually. Before and SACK, Circuit Judges. CALABRESI, Circuit Judge. Plaintiff-Appellant Inbal Hayut seeks review of a grant of summary judgment by the United States District Court for the Northern District of New York (Howard G. Munson, Judge) entered on August 1, 2002, following a Memorandum-Decision and Order entered July 30, 2002, in favor of Defendants-Appellees on Hayut's harassment and discrimination claims brought under 42 U.S.C. \u00a7 1983, the New York Constitution, Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681, et seq., and common law. Hayut's claims arise out of what she alleged was a pattern of humiliating and derogatory comments directed at her while she was a student at Defendant-Appellee State University of New York College at New Paltz New Paltz\"). Specifically, Hayut's 42 U.S.C. \u00a7 1983 claim alleges that, during the Fall 1998 semester, her political science professor, Defendant-Appellee Alex Young (\"Professor Young\"), targeted her with derogatory and sexually-charged comments in violation of her equal protection rights under the United States Constitution. She makes analogous claims under the New York State Constitution. Hayut's Title claim against Defendants-Appellees State University of New York system (\"SUNY\") and New Paltz (collectively, the defendants\") is predicated upon their employment of Professor Young and specifically alleges the failure of officials at New Paltz to remedy Young's discrimination. Hayut's claims against Defendants-Appellees Richard Varbero, Associate Dean of the College of Arts and Sciences at New Paltz (\"Dean Varbero\"), Gerald Benjamin, Dean of the College of Arts and Sciences at New Paltz (\"Dean Benjamin\"), and Lewis Brownstein, a tenured Professor and Chair of the Political Science Department at New Paltz (\"Professor Brownstein\") (collectively, the \"individual defendants\"), allege violations of her federal and state equal protection rights based on a respondeat superior theory, on grounds that the individual defendants failed timely and reasonably to respond to her complaints of Professor Young's harassment and that she was singled out by the individual defendants in an effort to hinder the pursuit of her harassment claim. Hayut also 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 2/26 asserts a common law tort claim alleging ministerial neglect against the individual defendants. The district court \u2014 rejecting all of Hayut's claims \u2014 granted summary judgment to Young, the defendants, and the individual defendants. For the reasons set forth below, we hold the court properly granted summary judgment to the defendants and the individual defendants, but erred with respect to Young. Accordingly, we affirm its judgment in part and vacate and remand it in part. After completing two years at Rockland Community College (\"RCC\"), Hayut enrolled at New Paltz for the 1998-99 academic year. Hayut, a political science major, registered for two courses with Professor Young, a tenured political science professor. Each course met twice weekly during the Fall 1998 semester. According to Hayut, Professor Young's sexual harassment of her began approximately three weeks into the semester. Initially, the harassment consisted of Professor Young referring to Hayut by the nickname \"Monica,\" in light of her supposed physical resemblance to Monica Lewinsky, a former White House intern who at that time was attaining notoriety for her involvement in a widely-covered sex scandal with then-President William J. Clinton. According to the testimony of some witnesses, Hayut initially laughed at the nickname, rolled her eyes, or simply shrugged her shoulders, giving no outward indication that the comments troubled her. However, Young's use of this nickname persisted even after Hayut requested that he stop. Despite her protestations, Professor Young would occasionally, in dramatic fashion, attempt to locate Hayut in the classroom by sitting in front of his desk and screaming the name \"Monica.\" Hayut maintains that the \"Monica\" comments occurred at least once per class period throughout the rest of the semester and persisted even in her absence. Hayut also maintains that, on occasion, Professor Young addressed her as \"Monica\" outside of class when they happened to pass each other. Professor Young's conduct was not limited to using the \"Monica\" nickname, but included other comments as well. These added context to the nickname by associating Hayut with some of the more sordid details of the Clinton/Lewinsky scandal. Specifically, Professor Young referred to some of Clinton's and Lewinsky's more notorious conduct, including \" [h]ow was your weekend with Bill?,\" which question Hayut claims he asked virtually every Tuesday morning class session. In addition to this \"weekend\" comment, Professor Young also told Hayut to \" [b]e quiet, Monica will give you a cigar later.\" Hayut testified that the \"cigar\" comment was uttered twice during the Fall 1998 semester, once in her afternoon class period with Professor Young (after he had observed Hayut talking to another student during a lecture), and the second in the very next morning class session. Finally, Professor 1 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 3/26 Young observed to Hayut, in front of her peers, that \" [y]ou are wearing the same color lipstick that Monica wears.\" Hayut testified in her deposition that these specific comments by Professor Young \u2014 particularly the \"cigar\" comment \u2014 evoked shock and disbelief from students in the class. Hayut also testified during her deposition that, on at least one occasion in the middle of the semester, Professor Young's remarks upset her to the point that she began crying and walked out during his lecture. Hayut did not, however, ever approach Professor Young after class, in the hallway, or in his office to discuss her disapproval of the \"Monica\" nickname and of his other comments, despite having the opportunity to do so. Hayut did not, moreover, report Professor Young's conduct to school officials early in the Fall 1998 semester. She clearly could have done so. Thus, after returning from a two-week absence mid-semester, Hayut met with Professor Brownstein. In addition to serving as Chair of the Political Science department, Professor Brownstein also served as Hayut's academic advisor. During this meeting, Hayut discussed the work she had missed in Professor Brownstein's course. She ultimately decided to withdraw from his class after determining that she would be unable to make up the work. Significantly, Hayut never mentioned Professor Young's conduct to Professor Brownstein at this Fall 1998 meeting. Hayut maintains that the \"Monica\" comments affected her deeply, humiliating her in front of her peers, causing her to experience difficulty sleeping, and making it difficult for her to concentrate in school and at work. At times, Hayut feared that new developments in the Clinton/Lewinsky scandal would induce Young to come up with a new, off-color comment at her expense and, therefore, she avoided watching the news. Hayut also testified that, despite her protestations, Professor Young's \"Monica\" references led other students \u2014 primarily male \u2014 to address her as \"Monica\" in a ridiculing manner outside of class. In early December 1998, prior to the final exam period, Hayut visited Dean Varbero to complain about Professor Young's conduct. Hayut's friend Merante proposed the meeting with Dean Varbero as Merante wanted to voice numerous complaints of her own about Professor Young's teaching style, including his classroom temperament, his alleged unfair treatment of the students, and his \"dictatorial\" teaching style. During the course of the meeting, Merante mentioned Professor Young's \"Monica\" statements. Dean Varbero turned to Hayut to inquire and Hayut confirmed that she felt Professor Young had harassed her with the \"Monica\" comments. Dean Varbero then discussed Hayut's allegations with her for over one hour. He said that, if true, Professor Young's conduct would be viewed by the administration as a serious matter. And he also referred Hayut to Professor Brownstein who, because of his position in Professor Young's immediate chain of 2 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 4/26 command, would have a particular interest in this matter. According to Merante, Dean Varbero specifically instructed Hayut to report Young's conduct to Professor Brownstein. Although this was an informal avenue of redress, Dean Varbero made clear to Hayut that if she was at all dissatisfied with Professor Brownstein's response, she was to report back to Dean Varbero for action. Dean Varbero also indicated that, in accordance with school policy, if Hayut sought more formal action, she would ultimately need to reduce her complaint to writing. Merante recalled that Dean Varbero took the additional step of attempting to contact Professor Brownstein in order to arrange an appointment on Hayut's behalf. Professor Brownstein's secretary told Dean Varbero that, because students were taking final exams during that week, Professor Brownstein was not holding regular office hours and his availability was unpredictable. The secretary suggested that Hayut should simply visit Professor Brownstein's office. Hayut agreed to do so and left Dean Varbero's office. Hayut went to Professor Brownstein's office but found him unavailable. She waited briefly and then left without indicating the nature of her visit or asking that Professor Brownstein contact her about the matter. Hayut maintains that she subsequently returned to Professor Brownstein's office but, again, found him unavailable. At no time did Hayut make further contact with Dean Varbero to discuss her inability to meet with Professor Brownstein or any possible dissatisfaction with how her informal complaint was being handled by the administration. Hayut did not actually speak with Professor Brownstein until late January 1999, when she met with him to discuss her Spring 1999 class schedule. During this meeting, Hayut told Professor Brownstein of Professor Young's conduct. She did not, however, submit a written complaint to him or to anyone else. Nor did she make any other effort to pursue her verbal complaint with other members of the administration. After hearing about Professor Young's conduct, Professor Brownstein echoed Dean Varbero's advice that Hayut should submit a written complaint. Despite Hayut's failure to re-visit Dean Varbero, Dean Varbero himself had notified Professor Brownstein and Dean Benjamin of the matter. And, on February 11, 1999, before Hayut submitted a written complaint, a number of college officials including Dean Benjamin, Dean Varbero, Professor Brownstein, Gail Gallerie, the Executive Assistant to New Paltz's President, and Grace Pell New Paltz's Affirmative Action Officer (\"AAO\"), attended a meeting to discuss Professor Young's conduct. All officials agreed that Young's contract with New Paltz entitled him to written notice of the charges before could initiate any formal process and, if appropriate, impose disciplinary 3 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 5/26 measures. Likewise New Paltz's internal grievance procedures required that, if formal action was sought through the Affirmative Action Office, all grievances of this sort had to be submitted by the claimant in writing to the within 45 days of the discriminatory act. The various university officials readily agreed that, if true, the allegations were sufficiently serious to warrant a formal response. On February 16, 1999, after the Spring 1999 semester had begun, Hayut delivered a written complaint to Professor Brownstein. The day after receiving the written complaint, Dean Benjamin, Dean Varbero, and Professor Brownstein convened a counseling session with Young to address matters raised in the complaint. Young admitted to having made the remarks. He indicated at that counseling session that the \"Monica\" comments had been intended only as jokes, although he later conceded during a deposition in connection with this action that the \"Monica\" statements were also intended as a form of discipline, uttered when Hayut was disrupting the class by talking or eating. Dean Benjamin informed Professor Young that the matter would be taken seriously. Part of the administration's response, according to Dean Benjamin, included a formal letter to Professor Young emphasizing what behavior the school expected of its professors and explaining what actions Dean Benjamin would take. Within days of the counseling session, Professor Young, who had nearly thirty years of teaching experience, discussed the possibility of retirement. Dean Benjamin agreed that Young's voluntary departure from New Paltz would be in the best interest of all parties. On March 18, 1999, Young tendered his resignation, which was promptly accepted. Hayut had enrolled in various classes for the Spring 1999 semester, none of which were taught by Professor Young. Hayut admits she had no further contact with Professor Young and suffered no harassment from him after conclusion of the Fall 1998 semester. Sometime after delivering her written complaint, Hayut simply stopped attending classes. This led to her receiving failing grades in all courses for that semester. Hayut attempted to transfer to Pace University (\"Pace\") for the upcoming Fall 1999 semester, but \u2014 due to her poor academic performance at \u2014 was unable to do so without first completing one year of remedial education. On February 2, 2000, Hayut brought an action in the Southern District of New York (subsequently transferred to the Northern District of New York), against Young, the defendants, and the individual defendants alleging unlawful discrimination and harassment in violation her federal equal protection rights, see U.S. Const. amend. XIV, \u00a7 1, as actionable under 42 U.S.C. \u00a7\u00a7 1983 and 1988, her state equal protection rights, see N.Y. Const. art. I, \u00a7 11, Title of the Educational Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, 4 5 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 6/26 and the New York State Human Rights Law, N.Y. Exec. Law \u00a7 296. Hayut also asserted various common law tort claims: for ministerial neglect, defamation, and intentional infliction of emotional distress. Pursuant to Federal Rule of Civil Procedure 12(b) (6), Young moved to dismiss for failure to state a cause of action. The defendants and the individual defendants moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). In a Memorandum-Decision and Order dated December 18, 2000, the district court (David N. Hurd, Judge), granted the various motions in part and denied them in part. Hayut v. State Univ. of New York, et al., 127 F. Supp. 2d 333 (N.D.N.Y.2000) (\"Hayut I\"). Those of Hayut's original claims that were dismissed in Hayut are not the subject of this appeal. Remaining in the action after Hayut were (1) Hayut's federal and state equal protection claims against Young; (2) Hayut's Title claim against the defendants; (3) Hayut's federal and state equal protection claims against the individual defendants; (4) Hayut's New York Human Rights Law claim against Young and the individual defendants; and (5) Hayut's common law tort claim for ministerial neglect against the individual defendants. Defendants-Appellees filed separate motions for summary judgment, which the district court granted in toto in a Memorandum-Decision and Order dated July 30, 2002. Hayut v. State Univ. of New York, et al., 217 F. Supp. 2d 280 (N.D.N.Y.2002) (\"Hayut II\"). Judgment was entered on August 1, 2002. This timely appeal followed. Hayut appeals the district court's grant of summary judgment on all of the claims dismissed in Hayut II, except for her state equal protection claim against Young and her state Human Rights Law claims, neither of which she now asserts. Accordingly, those claims are deemed abandoned. See Herrmann v. Moore, 576 F.2d 453, 455 (2d Cir.), cert. denied, 439 U.S. 1003, 99 S. Ct. 613, 58 L. Ed. 2d 679 (1978). The question at the heart of this appeal is whether Hayut has presented sufficient evidence to survive summary judgment on her remaining discrimination claims. For the reasons discussed below, with respect to her section 1983 federal equal protection claim against Young, we find sufficient, disputed evidence in the record to make a summary judgment inappropriate. On the other hand, we find there is insufficient evidence supporting the claims against the defendants and the individual defendants to survive judgment as a matter of law. We, therefore, vacate and remand the judgment of the district court which deals with Hayut's section 1983 claim against Young, but affirm the district court's grant of summary judgment on all other claims raised on appeal. 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 7/26 This Court reviews the district court's grant of a motion for summary judgment de novo. Singer v. Fulton County Sheriff, 63 F.3d 110, 114 (2d Cir. 1995). Summary judgment is appropriate \"`if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'\" Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (quoting Fed. R. Civ. P. 56(c)). Indeed, Rule 56(c) of the Federal Rules of Civil Procedure unequivocally \"mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.\" Id. In determining whether a genuine issue actually exists and, thus, whether or not summary judgment is appropriate, courts may \"not ... weigh the evidence, but [are] instead required to view the evidence in the light most favorable to the party opposing summary judgment, to draw all reasonable inferences in favor of that party, and to eschew credibility assessments.\" Weyant v. Okst, 101 F.3d 845, 854 (2d Cir. 1996) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986); Fed. R. Civ. P. 56(e) Advisory Committee Note (1963)). \"The mere existence of a scintilla of evidence in support of the [non-movant's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [non-movant].\" Liberty Lobby, 477 U.S. at 252, 106 S. Ct. 2505. Hayut's section 1983 claim alleges that Professor Young violated her Fourteenth Amendment equal protection rights by engaging in sexual harassment. She claims that Professor Young's \"Monica\" comments had sexual overtones and created a hostile environment for her during her courses with him. Hayut has never asserted that Professor Young's harassment involved any conduct other than the nickname and the scandalous references. She maintains, however, that, beginning approximately in the third week of classes, these comments occurred during every period of instruction with Professor Young, and that they were sufficiently offensive and humiliating to cause her great distress and to interfere unduly with her academic performance. In order to survive a summary judgment motion on her section 1983 claim for sexual harassment, Hayut must proffer evidence that (1) Young was acting \"under color of state law\" at the time he committed the conduct complained of, and (2) that his conduct deprived her of \"`rights, privileges or immunities secured by the Constitution or laws of the United States.'\" Greenwich Citizens Comm., Inc. v. Counties of Warren & Washington 6 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 8/26 Indus. Dev. Agency, 77 F.3d 26, 29-30 (2d Cir. 1996) (quoting Parratt v. Taylor, 451 U.S. 527, 535, 101 S. Ct. 1908, 68 L. Ed. 2d 420 (1981)). It is these questions, therefore, which we now address. The Supreme Court has recognized that an individual is acting under color of state law when exercising power \"`possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.'\" Polk County v. Dodson, 454 U.S. 312, 317-18, 102 S. Ct. 445, 70 L. Ed. 2d 509 (1981) (quoting United States v. Classic, 313 U.S. 299, 326, 61 S. Ct. 1031, 85 L. Ed. 1368 (1941)); see also West v. Atkins, 487 U.S. 42, 49, 108 S. Ct. 2250, 101 L. Ed. 2d 40 (1988). As a general rule, \"`state employment is ... sufficient to render the defendant a state actor.'\" West, 487 U.S. at 49, 108 S. Ct. 2250 (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 936 n. 18, 102 S. Ct. 2744, 73 L. Ed. 2d 482 (1982)). For purposes of a section 1983 action, a defendant necessarily \"acts under color of state law when he abuses the position given to him by the State.\" West, 487 U.S. at 50, 108 S. Ct. 2250; see also Christian v. Belcher, 888 F.2d 410, 414 (6th Cir. 1989) (\" [B]efore a defendant may be held liable under section 1983, that defendant must first possess power by virtue of state law, then misuse that power in a way that violates federal constitutional rights.\"). We think it clear that a professor employed at a state university is a state actor professor at a state university is vested with a great deal of authority over his students with respect to grades and academic advancement by virtue of that position. When a professor misuses that authority in the course of performing his duties, he necessarily acts under color of state law for purposes of a section 1983 action. See, e.g., Gonzalez v. Kahan, 1996 705320 at 2 (E.D.N.Y. 1996) (finding tenured professor at the City University of New York accused of sexually harassing student to have acted under color of state law); c.f. Saulpaugh v. Monroe Comm. Hosp., 4 F.3d 134, 143-44 (2d Cir. 1993), cert. denied, 510 U.S. 1164, 114 S. Ct. 1189, 127 L. Ed. 2d 539 (1994) (upholding a section 1983 claim based on the equal protection clause against a public hospital official for sexual harassment of an employee under his supervisory authority). We, therefore, agree with the district court that Professor Young's position as a professor at New Paltz was such that if he abused the authority given him \u2014 as we think a reasonable jury could find \u2014 this threshold requirement would be satisfied. See Hayut II, 217 F. Supp. 2d at 286. The question, then, is whether Hayut presented sufficient evidence to raise a triable issue of fact with respect to the severity or pervasiveness of Professor Young's conduct. We think she did. Hayut claims Professor Young's \"Monica\" comments created a hostile educational environment for her. Section 1983 sexual harassment claims that are based on a \"hostile 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 9/26 environment\" theory, like Hayut's, are governed by traditional Title \"hostile environment\" jurisprudence. See Annis v. County of Westchester, 136 F.3d 239, 245 (2d Cir. 1998); Jemmott v. Coughlin, 85 F.3d 61, 67 (2d Cir. 1996). As a result, surviving summary judgment on a hostile environment claim under section 1983 (as under Title VII) requires evidence not only that the victim subjectively perceived the environment to be hostile or abusive, but also that the environment was objectively hostile and abusive, that is, that it was \"permeated with `discriminatory intimidation, ridicule, and insult,' ... that is `sufficiently severe or pervasive to alter the conditions'\" of, in this case, the victim's educational environment. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S. Ct. 367, 126 L. Ed. 2d 295 (1993) (citations omitted) (quoting Meritor Sav. Bank v. Vinson, 477 U.S. 57, 65, 106 S. Ct. 2399, 91 L. Ed. 2d 49 (1986)); see also Tomka v. Seiler Corp., 66 F.3d 1295, 1305 (2d Cir. 1995) (requiring that the harassment \"`has the purpose or effect of unreasonably interfering with an individual's ... performance or creating an intimidating, hostile, or offensive ... environment.'\") (quoting Vinson, 477 U.S. at 65, 106 S. Ct. 2399), abrogated on other grounds by Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S. Ct. 2257, 141 L. Ed. 2d 633 (1998). Making a \"hostility\" determination in the educational context, as in the employment context, entails examining the totality of the circumstances, including: \"the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with\" the victim's academic performance. See Harris, 510 U.S. at 23, 114 S. Ct. 367. While the effect on a victim's psychological well-being is relevant to the subjective component in the analysis, its presence, or absence, is not dispositive on the issue of severity, as \"no single factor is required.\" Id. Finding the harassment \"pervasive\" means that the challenged incidents are \"more than episodic; they must be sufficiently continuous and concerted.\" Carrero v. New York City Hous. Auth., 890 F.2d 569, 577 (2d Cir. 1989). There also must be evidence that the alleged discrimination was carried out because of sex. See Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S. Ct. 998, 140 L. Ed. 2d 201 (1998). Generally speaking, this analysis is fact-specific and, therefore, as in this case, is best left for trial. As an initial matter, we note that Young does not dispute that he addressed Hayut as \"Monica\" or that he made the other \"Monica\" comments. He stated that the comments were intended to be taken in a joking manner but, later, characterized them as a form of discipline. Professor Young articulates no defenses for his conduct and, specifically, has never expressly asserted that the comments complemented his classroom curriculum or had any other legitimate pedagogical purpose that might merit the kind of First Amendment protection that has long been recognized in the academic arena. See, e.g., 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 10/26 Keyishian v. Board of Regents, 385 U.S. 589, 603, 87 S. Ct. 675, 17 L. Ed. 2d 629 (1967) (\" [Academic] freedom is ... a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.\"); Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506, 89 S. Ct. 733, 21 L. Ed. 2d 731 (1969) (\"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.\"). We, therefore, express no view on (a) whether such a defense could have been, or could still be, made, or (b) if made, whether this claim would entail issues of fact or law. Additionally, we agree with the district court and find that Hayut has put forth sufficient evidence (principally her own testimony) to permit a reasonable factfinder to conclude that she subjectively found Professor Young's conduct offensive. Hayut II, 217 F. Supp. 2d at 286. Accordingly, our analysis focuses on whether a jury could also find that Professor Young's conduct created an educational environment (a) which rose to an objective level of hostility on the basis of sex, and (b) which had an adverse effect on the terms and conditions of her educational experience. See Harris, 510 U.S. at 21, 114 S. Ct. 367. We think a jury could so construe the evidence. a. Pervasiveness The evidence presented permits a reasonable trier of fact to find that the comments were sufficiently pervasive to create a hostile environment. Professor Young allegedly uttered some form of \"Monica\" comment during many periods of instruction with Hayut and even, on occasion, outside the classroom. The classroom comments routinely occurred shortly after each period of instruction had begun and in front of a fully-assembled class. The evidence that Professor Young's conduct permeated the classroom atmosphere and set the tone for the whole class is sufficient to satisfy the \"pervasiveness\" requirement at the summary judgment stage. We reject the district court's attempt to employ a mathematical equation of sorts to calculate the number of instances of misconduct in order to show that Professor Young's behavior did not pervade and color the classes throughout the entire semester. Hayut II, 217 F. Supp. 2d at 287. The district court began, for example, by finding that during October 1998, Hayut missed approximately five classes in each of her courses with Professor Young (she took a two-week trip to Israel for her brother's bar mitzvah). Id. The court then calculated the remaining days in which Professor Young uttered a \"Monica\" comment in Hayut's presence, and deemed his remarks \"sporadic and infrequent,\" and, hence, non-actionable. We believe the court's approach to be erroneous for several reasons. 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 11/26 First, a rigid \"calculate and compare\" methodology ignores the proper role of courts which, at the summary judgment stage, is to construe all facts and draw all inferences in the light most favorable to the nonmovant. See Weyant, 101 F.3d at 854. Also, such an approach, if strictly followed, disregards Supreme Court guidance that hostile environment analysis \"is not, and by its nature cannot be, a mathematically precise test.\" Harris, 510 U.S. at 22, 114 S. Ct. 367. Because of the fact-specific and circumstance-driven nature of hostile environment claims, courts must be mindful that \"`the appalling conduct alleged in prior cases should not be taken to mark the boundary of what is actionable.'\" Whidbee v. Garzarelli Food Specialties, Inc., 223 F.3d 62, 70 (2d Cir. 2000) (quoting Richardson v. New York State Dep't of Correctional Serv., 180 F.3d 426, 439 (2d Cir. 1999)). And courts should not, themselves, attempt to establish an absolute baseline for actionable behavior. See id. Additionally, as applied specifically to the facts in this case, we think the district court's approach to be flawed. The court did not adequately consider the fact that in just about half the periods of instruction taught by Professor Young which Hayut attended, Hayut was the target of \"Monica\" comments. These comments, moreover, were generally made at or near the beginning of the period, thereby setting the tone for the remainder of the class period. The court also ignored evidence that Professor Young continued the harassment by referring to Hayut, in her absence, as \"Monica.\" Professor Young's persistent mention of \"Monica\" when speaking of Hayut when she was not there can, of course, be relevant evidence in a discrimination claim. See Leibovitz v. New York City Transit Auth., 252 F.3d 179, 190 (2d Cir. 2001) (recognizing harassing remarks made outside a plaintiff's presence as germane to a hostile work environment claim). Whether a factfinder will, on balance, decide that the remarks reached the objective level of pervasiveness required by law is not for us to say. It is quite sufficient that there be enough evidence in the record from which a reasonable jury could so conclude. And of that we have no doubt. b. Severity We also find sufficient evidence to permit a trier of fact to find that the \"Monica\" comments were severe enough to transcend the bounds of propriety and decency, let alone harmless humor, and become actionable harassment based on Hayut's sex. The \"Monica\" nickname \u2014 pulled from the headlines covering the contemporaneous Clinton/Lewinsky scandal \u2014 can readily be understood as having powerful sexual connotations and overtones. This is especially so in light of Professor Young's \"cigar\" and \"weekend\" comments. Each remark, while brief, was made against a backdrop of classroom discussions and press coverage of the most salacious developments in the scandal reasonable jury could find that the 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 12/26 \"Monica\" statements were more than mere joking comments or occasional vulgar banter, but were sexually-charged and designed by Young to convey certain images about Hayut \u2014 that she \"enjoyed the same sexual implements as the real Monica Lewinsky and that Ms. Hayut was a willing participant in deviant sexual activity with Young himself....\" Pl. Brief at 7. There is, moreover, evidence in the record that suggests that, by discussing the sordid details of the Clinton/Lewinsky scandal, Professor Young made Lewinsky the focal point and object of ridicule of some of his classes. By then directing \"Monica\" comments toward Hayut, Professor Young likewise made Hayut the object of ridicule. The district court characterizes Young's conduct as \"highly offensive and obviously inappropriate.\" Hayut II, 217 F. Supp. 2d at 287. We believe that this characterization of Young's conduct, and specifically of his comments of a sexual nature, given their frequency, compels the conclusion that a reasonable jury could find that his actions \"transcend [ed] coarse, hostile and boorish behavior\" and became actionable as a constitutional tort. Annis v. County of Westchester, 36 F.3d 251, 254 (2d Cir. 1994). The reactions of Hayut's peers and of various administrators at New Paltz are also significant to the mandated objective analysis. Hayut's testimony regarding the effect of Professor Young's behavior is corroborated by several individuals attending Professor Young's classes. These heard firsthand his \"Monica\" comments and testified that they, too, found the behavior embarrassing and offensive. Likewise, when first informed by Hayut about Professor Young's conduct, Dean Varbero considered the allegations to be serious. When Dean Varbero, Dean Benjamin, Professor Brownstein, Gail Gallerie, the Executive Assistant to the College President, and Grace Pell, the New Paltz AAO, convened a meeting, they all agreed that, if substantiated, Professor Young's conduct warranted formal action. Young has never disputed that he engaged in the challenged conduct and there is no evidence that he singled out any other student for similar, recurring, treatment. Young maintains, however, that, as a matter of law, his comments do not rise to the level of actionable harassment. He suggests that the response of others, including Dean Benjamin, \"is not evidence of sexual harassment, but rather a layman's conclusion.\" But that is precisely the kind of question best reserved for the trier of fact. At a minimum, how others such as Dean Benjamin and Dean Varbero reacted upon learning of the conduct provides some evidence about the conduct's objectionable nature and, in this case, helps to create a triable issue of fact regarding the objectively offensive nature of Young's conduct. c. Harassment Because of Sex 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 13/26 Targeting Hayut for her likeness to Lewinsky was, without question, driven by Hayut's gender. The \"Monica\" nickname served as a springboard for yet more vulgar \"cigar,\" \"weekend,\" and \"lipstick\" comments, which were also not likely to have been uttered but for Hayut's gender. Moreover, targeting Hayut because of her gender is consistent with evidence that Young exhibited hostility toward women generally, and made negative references to their proper societal status. All this is, of course, relevant to her claim. See Whidbee, 223 F.3d at 70 n. 9 (the environment as a whole is germane to an individual plaintiff's hostile environment claim) (citing Cruz v. Coach Stores, Inc., 202 F.3d 560, 570 (2d Cir. 2000)). Accordingly, we find sufficient evidence in the record from which a trier of fact could conclude that Professor Young's conduct was motivated, at least in part, by Hayut's gender. d. Injury and/or Interference With Educational Progress We also find enough evidence that Hayut was adversely affected by Professor Young's actions and that a reasonable person similarly-situated would have also been affected. Although Hayut's academic performance does not appear to have suffered during her time in Professor Young's classes (as compared to her prior performance at and her later performance at Pace), she testified that, because of her treatment, she was unable to concentrate on her studies. Regardless of what external distractions may have weighed on Hayut during the Fall 1998 semester and contributed to her poor academic performance, Hayut also testified that she felt humiliation and emotional distress, did not want to attend classes, and was unable to sleep. That is enough to render this issue one for the trier of fact. See, e.g., Holtz v. Rockefeller & Co., Inc., 258 F.3d 62, 76 (2d Cir. 2001) (finding that the victim's testimony about the effect on her ability to work due to the harassment creates a triable issue regarding the unreasonable interference of the harassment). Nor do Hayut's admitted participation in class discussions despite the \"Monica\" comments, her failure to object initially to the comments, and her failure to report the conduct earlier to one of Professor Young's supervisors negate Hayut's evidence that she found the comments offensive and humiliating. Given the power disparity between teacher and student a factfinder could reasonably conclude that a student-victim's inaction, or counter- intuitive reaction, does not reflect the true impact of objectionable conduct. In this case especially, in view of the evidence of Professor Young's \"dictatorial\" lecture style, frequent angry outbursts, general intimidation of students, and nonreceptiveness to student criticism or complaint, summary judgment cannot be based on Hayut's failure to object to, correct, or question Professor Young's conduct earlier in the period of alleged harassment. In order to be actionable, conduct need not be \"unendurable\" or \"intolerable.\" 7 8 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 14/26 Whidbee, 223 F.3d at 70. And what students put up with, without objection or protest, does not mark the bounds of permissible classroom conduct. C.f. Vega v. Miller, 273 F.3d 460, 468 (2d Cir. 2001) (holding, in a section 1983 action by discharged professor who alleged violation of his academic freedom, that \"what students will silently endure is not the measure of what a college must tolerate\"). Under the circumstances, it is entirely reasonable to believe that Hayut, in her first semester at New Paltz, was herself intimidated by Professor Young, and was hesitant to speak out for fear of potential verbal and academic backlash. For the foregoing reasons, we find genuine issues of material fact regarding Hayut's section 1983 claim against Young. Accordingly, the district court's grant of summary judgment on this claim is vacated, the claim is reinstated, and the matter is remanded to the district court for further proceedings consistent with this opinion. C. Title Claim Against the Defendants Hayut does not claim that she suffered any harm as a result of the official policies or procedures of or New Paltz. These include the internal grievance and complaint procedures for reporting and responding to allegations of harassment or discrimination. Rather, she alleges that and New Paltz are liable under Title by virtue of their employment of Young. Title of the Education Amendments of 1972, 20 U.S.C. \u00a7\u00a7 1681-1688, prohibits sexual discrimination (including harassment) by federally-funded educational institutions. See 20 U.S.C. \u00a7 1681(a) . The Supreme Court has recognized an implied private right of action under Title IX, see Cannon v. University of Chicago, 441 U.S. 677, 691, 99 S. Ct. 1946, 60 L. Ed. 2d 560 (1979), and has held that money damages are available in such suits, see Franklin v. Gwinnett County Pub. Schs., 503 U.S. 60, 65-66, 112 S. Ct. 1028, 117 L. Ed. 2d 208 (1992). \"Discrimination\" for purposes of Title liability, is not limited to disparate provision of programs, aid, benefits or services or inequitable application of rules or sanctions. See 45 C.F.R. \u00a7 86.31 (2000). It has, instead, been recognized as also encompassing teacher-on-student hostile educational environment sexual harassment. See Franklin, 503 U.S. at 75, 112 S. Ct. 1028 (holding that teacher's sexual harassment of student constitutes \"discrimination\" on the basis of sex); see also Kracunas v. Iona College, 119 F.3d 80, 86 (2d Cir. 1997) (\"When a teacher sexually harasses a student, that teacher `discriminates on the basis of sex' in violation of Title IX.\") (quoting Franklin, 503 U.S. at 75, 112 S. Ct. 1028) (internal formatting omitted). 9 10 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 15/26 Hayut seeks money damages as well as corrective action. As such, to survive summary judgment, her Title claim needs more than evidence that Professor Young's conduct created an educational environment sufficiently hostile as to deprive her of \"access to the educational opportunities or benefits\" provided by New Paltz. See Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 650, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999). Hayut must also provide evidence that one or more of the individual defendants, who admittedly are vested with \"authority to address the alleged discrimination and to institute corrective measures\" on Hayut's behalf, had \"actual knowledge of [the] discrimination... and fail [ed] adequately to respond.\" Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274, 290, 118 S. Ct. 1989, 141 L. Ed. 2d 277 (1998). We determined above that Hayut presented sufficient evidence in connection with her hostile environment harassment claim against Professor Young to survive summary judgment. We also find that, to the extent the evidence suggests that Professor Young's conduct (a) discouraged Hayut from more active involvement in his classroom discussions, (b) compelled her to avoid taking additional courses taught by Professor Young, (c) caused her to withdraw from New Paltz altogether, or (d) simply created a disparately hostile educational environment relative to her peers, the above-described harassment could be construed as depriving Hayut of the benefits and educational opportunities available at New Paltz. We therefore look to the actions of the officials involved \u2014 the individual defendants \u2014 to determine whether Title liability lies against them. In doing so, we examine whether one or more of these defendants had actual knowledge of Professor Young's conduct and failed to respond adequately and appropriately. Requiring actual, as opposed to constructive, knowledge imposes a greater evidentiary burden on a Title claimant. It is this burden that we do not believe Hayut has met. Hayut's oral and written complaint describes being subjected to harassment from Professor Young only prior to her meeting with Dean Varbero. And we find no other evidence suggesting that any of the individual defendants had actual knowledge of Young's conduct before Hayut's verbal report to Dean Varbero in December 1998. It follows that the defendants cannot be held liable under Title for any harassment that occurred during the Fall 1998 semester. See Gebser, 524 U.S. at 290, 118 S. Ct. 1989. But that is the only time during which Hayut claims that she was harassed by Young. Hayut concedes as well that she had no further contact with Young and admits, therefore, that she endured no additional harassment from him after her complaint to Dean Varbero. Since, however, as Hayut alleges, some lingering, residual effects of Young's actions (i.e., other students addressing Hayut as \"Monica\") may have extended into the Spring 1999 semester and may 11 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 16/26 fairly be attributable to the hostile environment created and fostered by Professor Young, we examine the response rendered by the individual defendants, the New Paltz officials. The Supreme Court has held that Title IX's requirement of an \"adequate response\" is violated not only if school officials render no response, as alleged by Hayut, but also if the response that is rendered \"amount [s] to deliberate indifference to discrimination.\" Gebser, 524 U.S. at 290, 118 S. Ct. 1989; see Davis, 526 U.S. at 642, 119 S. Ct. 1661 (the educational institution \"could be liable for damages only where the [institution] itself intentionally acted in clear violation of Title by remaining deliberately indifferent to acts of... harassment of which it had actual knowledge.\"). Deliberate indifference may be found both \"when the defendant's response to known discrimination `is clearly unreasonable in light of the known circumstances,'\" Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 141 (2d Cir. 1999) (quoting Davis, 526 U.S. at 648, 119 S. Ct. 1661), and when remedial action only follows after \"a lengthy and unjustified delay,\" Bruneau v. South Kortright Cent. Sch. Dist., 163 F.3d 749, 761 (2d Cir. 1998). Because the evidence belies Hayut's contention that the individual defendants \"did absolutely nothing to remedy the discrimination,\" we consider only whether Hayut proffered sufficient evidence to permit a finding that the timeliness or nature of the response by the defendants amounted to deliberate indifference. Despite Hayut's conclusory allegations to the contrary, the uncontroverted evidence suggests that the individual defendants responded to Hayut's complaint reasonably, in a timely manner, and in accordance with all applicable procedures. In December 1998, upon first hearing of Professor Young's conduct, Dean Varbero discussed the complaint with Hayut and Merante for one hour. He advised Hayut to notify Professor Brownstein (both in his capacity as Hayut's academic advisor and as Chair of Professor Young's department), and to make a written complaint. Hayut chose not to provide such a complaint until early February 1999. Moreover, Dean Varbero advised Hayut to return to his office if she was dissatisfied with the response she received from Professor Brownstein. Hayut chose not to do so. On his own, Dean Varbero contacted Professor Brownstein, and Dean Benjamin, regarding Hayut's verbal complaint and organized a meeting to be held when the Spring 1999 semester began. Attending this meeting was, among others, the New Paltz AAO. This action by Dean Varbero and the remaining individual defendants occurred prior to Hayut ever submitting a written complaint, which, under the applicable collective bargaining agreement, is a predicate step to pursuing any formal disciplinary action against a tenured professor. Immediately after receiving Hayut's written complaint, reassured about the sincerity of her desire to pursue her allegations against Young, the individual defendants 12 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 17/26 convened a counseling session with Young. Although Young requested leniency, he was informed that the matter was serious, would be handled accordingly, and that disciplinary action might well follow. Within weeks, Professor Young had resigned from New Paltz. All told, the uncontroverted evidence indicates that SUNY, by and through the actions of its officials, (the individual defendants), acted expeditiously and reasonably, and exhibited no indifference at all to Hayut's allegations. Hayut has presented no evidence, other than purely conclusory allegations, suggesting that the matter should have been addressed more swiftly. Indeed, the New Paltz explained that, under the circumstances, even if Hayut had sought her assistance directly, she would have been unable to respond more quickly than was done by the individual defendants. This evidence is, moreover, corroborated by the Internal Grievance Procedure, and Hayut offers nothing to refute the AAO's testimony. Nor is there any merit to Hayut's claim that Dean Varbero violated federal law and, therefore, exhibited deliberate indifference as a matter of law when he failed to report Hayut's verbal complaint immediately to the New Paltz Affirmative Action Office. The applicable federal regulations governing the promulgation of grievance procedures and appointment of responsible officials in federally-funded institutions, on which Hayut relies, mandate no such action. Rather, the recipient of federal funds (here New Paltz) is merely required to designate an and notify its students and employees of the officer's name, office address, and telephone number. See 34 C.F.R. \u00a7 106.8. There is no dispute that the defendants complied with this regulation and, in addition, did, in fact, inform the within weeks of Hayut's oral complaint. That the individual defendants also sought to address the matter informally does not suggest any attempt to stymie more formal measures, as the grievance procedures for the defendants permit concurrent informal complaint processes. We, therefore, find that, on the undisputed facts of this case, no reasonable jury could conclude that the response by the individual defendants, on behalf of the defendants, exhibited deliberate indifference. It follows that there is no evidence supporting Title liability against the defendants. Accordingly, we affirm the district court's grant of summary judgment in this respect. In support of her section 1983 claim against the individual defendants, Hayut relies on several different theories, all of which lack merit. First, Hayut predicates her section 1983 claim against the individual defendants on a theory of respondeat superior. It is well settled, however, that the doctrine of respondeat superior standing alone does not suffice to 13 14 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 18/26 impose liability for damages under section 1983 on a defendant acting in a supervisory capacity. See Monell v. Department of Soc. Servs., 436 U.S. 658, 691, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978) (discussing municipal liability). Evidence of a supervisory official's \"personal involvement\" in the challenged conduct is required. Johnson v. Newburgh Enlarged Sch. Dist., 239 F.3d 246, 254 (2d Cir. 2001) (citing Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995)). \"Personal involvement\" is not limited to direct participation by the supervisor in the challenged conduct, but may also be established by evidence of an official's (1) failure to take corrective action after learning of a subordinate's unlawful conduct, (2) creation of a policy or custom fostering the unlawful conduct, (3) gross negligence in supervising subordinates who commit unlawful acts, or (4) deliberate indifference to the rights of others by failing to act on information regarding the unlawful conduct of subordinates. Id. As discussed above, Hayut makes no claim and provides no evidence that the individual defendants directly participated in any of Young's harassment. Instead, Hayut argues in her complaint that sexual harassment and discrimination at Paltz by other instructors was rampant and argues that the individual defendants knew or should have known about many instances of instructors other than Young who \"exhibited bizarre, disturbing, harassing and discriminatory behavior\" against students. Failure to act despite this \"rampant\" harassment, she contends, constitutes \"direct and personal involvement.\" Once again, Hayut provides no evidentiary support for her contention of rampant harassment by scores of instructors. In addition, Hayut contradicts this allegation by testifying at her deposition that, to her knowledge, there were no other instructors who exhibited any such behavior or harassed or discriminated against students. There is also no evidence that, after becoming aware of the alleged harassment, any of the individual defendants failed to respond or remedy the situation, that any of these individual defendants created or allowed a policy to continue under which alleged harassment could occur, or that they were grossly negligent in monitoring Young's conduct. As discussed above in finding no Title liability as a matter of law, the response of the individual defendants to Hayut's allegations was timely and reasonable under the circumstances. We see no basis for reaching a contrary conclusion with respect to the individual defendants' liability under section 1983. Finally, Hayut's \"class of one\" theory of discrimination under section 1983 is also unavailing. Hayut contends that the individual defendants established a procedure to discourage and prevent her from pursuing her harassment complaint. But we are presented only with Hayut's conclusory allegations that the individual defendants intentionally 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 19/26 treated her differently from other similarly-situated students after she reported Professor Young's conduct. And we find no evidence that the individual defendants embarked on any obstructive scheme, or that the allegedly differential treatment \u2014 of which we cannot find indications anywhere in the record \u2014 was either intentional or lacked a rational basis. Accordingly, her \"class of one\" claim fails. See Olech, 528 U.S. at 564, 120 S. Ct. 1073 (recognizing \"class of one\" claimant must assert intentional differential treatment that lacks a rational basis in order to state a claim for relief); see also Giordano v. City of New York, 274 F.3d 740, 751 (2d Cir. 2001) (recognizing that to survive summary judgment, \"class of one\" claimant must present evidence that any differential treatment was intentional, irrational, and wholly arbitrary) (citing Olech, 528 U.S. at 564, 565, 120 S. Ct. 1073). We conclude that the district court properly granted summary judgment on Hayut's section 1983 claim against the individual defendants. Hayut's state equal protection claim against the individual defendants under Article I, Section 11 of the New York State Constitution mirrors her federal equal protection claim brought under section 1983. Because the state constitutional tort action is analyzed under the same standard as Hayut's section 1983 suit, see Brown v. State, 89 N.Y.2d 172, 190, 652 N.Y.S.2d 223, 674 N.E.2d 1129 (1996) (\" [Article I, section 11 of the New York State Constitution] was intended to afford coverage as broad as that provided by the Fourteenth Amendment to the United States Constitution....\") (citing Dorsey v. Stuyvesant Town Corp., 299 N.Y. 512, 530, 87 N.E.2d 541 (1949)), and because Hayut relies on identical facts to support both claims, the state equal protection action suffers the same fate as the section 1983 claim against the individual defendants. Having found that summary judgment was properly granted on the section 1983 claim against those defendants, we also conclude that the district court correctly granted summary judgment in the state constitutional tort action. Hayut maintained below, and asserts on appeal, that federal regulations, see 34 C.F.R. \u00a7 106.8, and state regulations, see N.Y. Comp.Codes R. & Regs. tit. 9, \u00a7 4.19 (\"Executive Order No. 19\"), required the individual defendants (1) immediately to notify the of any sexual harassment complaint, (2) expeditiously and thoroughly to investigate all such allegations, and (3) to follow up and make sure that any harm inflicted on the alleged victim as a result of the harassment was rectified. Because, the argument goes, none of the individual defendants notified the AAO, investigated the harassment, or followed up with Hayut in the months after her complaint, they committed ministerial neglect under New York law. 15 16 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 20/26 We note, however, that there is no independent cause of action for ministerial neglect in New York. Rather, a claim of ministerial neglect \"merely removes the issue of governmental immunity from a given case.\" Lauer v. City of New York, 95 N.Y.2d 95, 99, 711 N.Y.S.2d 112, 733 N.E.2d 184 (2000). In other words, \" [m]inisterial negligence may not be immunized, but it is not necessarily tortious.\" Id. Accordingly, there must be some showing that the conduct by the official violated some duty to the injured party directly, as opposed to a \"general duty to society.\" Id. at 100, 711 N.Y.S.2d 112, 733 N.E.2d 184 (internal quotation marks and citations omitted). \"Without a duty running directly to the injured person there can be no liability in damages, however careless the conduct or foreseeable the harm.\" Id. at 96, 711 N.Y.S.2d 112, 733 N.E.2d 184. If, however, a duty to a particular individual or class is voluntarily assumed, even if it is one that would not otherwise exist except to the general public, the duty must be performed in a nonnegligent manner. See Florence v. Goldberg, 44 N.Y.2d 189, 404 N.Y.S.2d 583, 587, 375 N.E.2d 763 (1978) (\" [W]here a municipality assumes a duty to a particular person or class of persons, it must perform that duty in a nonnegligent manner, notwithstanding that absent its voluntary assumption of that duty, none would have otherwise existed.\"). Hayut has identified no duty that the individual defendants owed directly to her, as opposed to the general public. Nor has she shown that the individual defendants voluntarily assumed a duty to her or to a specific class of persons, to which she belongs. And her assertions of a duty are not supported by the regulations upon which she relies. Moreover, to the extent that any duty arose under cited federal or state regulations, the individual defendants were in complete compliance with those regulations. Both 34 C.F.R. \u00a7 106.8 and Executive Order No. 19 require federally-funded educational institutions to do no more than designate an employee as an who is to receive complaints and to disseminate contact information to students. They do not impose a duty on each and every school official within that institution to report sexual harassment allegations to the designated AAO. It follows that the district court properly granted summary judgment on this claim. For the reasons stated above, we hold that the district court erred when it granted Young's motion for summary judgment on Hayut's section 1983 claim. Accordingly, we the district court's grant of summary judgment on this claim, and the case to the district court for further proceedings on this claim consistent with this opinion. With respect to all of Hayut's remaining claims against the defendants and the individual defendants, we hold that the district court correctly granted summary judgment. We, therefore that portion of the district court's judgment. 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 21/26 The Honorable Fred I. Parker, who was a member of the panel, died following argument in this case. Prior to his death his chambers did some very helpful work on the disposition of the case. This appeal is being decided by the remaining two members of the panel, who are in agreement See Local Rule \u00a7 0.14(b). 1 Hayut testified that, during a two-week period in the middle of Fall 1998 semester when she attended her brother's bar mitzvah in Israel, Professor Young apparently continued the \"Monica\" comments, ridiculing her in her absence 2 Hayut testified in her deposition that she accompanied her friend Diane Merante, also a student in Professor Young's courses and a witness to the \"Monica\" comments, to Professor Young's office during the semester to return some classroom materials. During the course of that visit, neither Hayut nor Merante mentioned anything to Professor Young about his remarks, nor did Professor Young make any \"Monica\" comments to Hayut during that meeting 3 In his deposition, Dean Benjamin, Dean of the College of Arts and Sciences, explained the school's procedures that would normally be followed in a situation such as this: Generally, if a student has a complaint, he or she brings it to the Chair of the Academic Department. The Chair of the Academic Department may refer it to the Associate Dean who takes care of student complaints and faculty matters, which, was Dean Varbero. Alternatively, the student may approach the Dean's offices without approaching the Chair of the department which basically would refer the student to the Chair for an initial counseling and consideration of whether the Chair should intervene without engaging the Dean's office. So there's a process of complaint. If the complaint is oral and is regarded as sufficiently, potentially sufficiently important to require action by the Dean's office, formal or informal, the informal action might be taken by the Associate Dean following a potential action by the Chair. If formal action's required, the student is requested to provide a written complaint. The student is counseled that a written complaint will be taken in confidence so there will be no retribution taken against the student by the teacher. 4 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 22/26 The terms of the collective bargaining agreement then in effect between and United University Professors, Professor Young's union, required that, before any disciplinary measures could be taken, a formal notice of discipline would need to be issued and served on Professor Young. What information the notice must contain is set forth in Article 19, \u00a7 19.4(a), and includes \"a detailed description of the alleged acts and conduct including reference to dates, times and places.\" Those collective bargaining agreement requirements alone mandate that a formal, written complaint must be received by the before any formal further steps could be taken by the administration to discipline the individual committing the challenged conduct 5 Hayut alleges in her handwritten complaint that the harassment began during the first week of classes, although her later deposition testimony reveals that the conduct began during the third week of school 6 Hayut testified at her deposition that Professor Young touched her \"once.\" This touching occurred during the meeting in Professor Young's office during which Merante returned some classroom materials. When asked at her deposition about any touching by Professor Young, Hayut responded that Professor Young \"put his hand on my shoulder, and shrugged my shoulder, and he just let go and sat down at his desk.\" No other touching took place and Hayut's claims appear not to be in any way premised on this touching 7 In this regard, we note that Young's remarks were potentially taking advantage of an offensive societal stereotype of the woman underling who uses her sexuality with a person in authority to further her career. The existence and arguable reference to such a stereotype makes Young's comments more likely to be gender-based than sexually-charged comments which would as readily be addressed to males as well as females See Reva B. Siegel, Introduction Short History of Sexual Harassment, in Directions in Sexual Harassment Law 16 (Catherine A. MacKinnon & Reva B. Siegel eds., 2004) (noting that \"judgments about whether practices discriminate `on the basis' of sex or race may depend on evolving social intuitions about whether a practice unjustly perpetuates a status regime, rather than formal characteristics of the practice itself\"); cf. Vicki Schultz, The Sanitized Workplace, 112 Yale L.J. 2061 (2003) (arguing that sexual conduct in the workplace does not constitute sex discrimination unless it specifically undermines gender equality). 8 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 23/26 There is also some evidence, albeit disputed, that Hayut briefly sought treatment from a mental health professional in early 2000, in connection with injuries resulting from Young's conduct. Counsel for the defendants asked Hayut at her deposition whether she had ever seen a health care professional for mental or emotional or physical problems stemming from this incident. Hayut stated \" [n]ot that recall.\" When the name of a particular mental health professional was mentioned, Hayut stated she saw Ms. Marcus once in 2000, but never revisited her. The details of her counseling are somewhat vague, but there is some indication that the counseling was sought in connection with Young's harassment 9 Because we find the evidence in the record sufficient to survive summary judgment without consideration of alternative theories, we do not pass on Hayut's \"class of one\" theory asserted in support of her section 1983 action against Professor Young See Village of Willowbrook v. Olech, 528 U.S. 562, 120 S. Ct. 1073, 145 L. Ed. 2d 1060 (2000) (per curiam) (discussing \"class of one\" claims) 10 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) 11 To the extent that Kracunas, 119 F.3d 80, held, inter alia, that constructive notice of hostile environment sexual harassment gives rise to Title liability for damages, that portion of the holding was overruled by Gebser, 524 U.S. at 290-91, 118 S. Ct. 1989 (re: teacher-on-student harassment), and Davis, 526 U.S. at 644-45, 119 S. Ct. 1661 (re: student-on-student harassment). Associate Justice O'Connor, writing for the Court in both cases, explicitly departed from the respondeat superior principles (which ordinarily govern Title actions) for purposes of Title IX. After Gebser and Davis it is clear that in Title cases, an educational institution that receives federal funds cannot be held liable for harassment by teachers or students short of the school's actual knowledge of, and deliberate indifference to, the harassment. 12 Hayut maintains on appeal that, after several, fruitless return trips to Professor Brownstein's office in December 1998, Merante, Hayut's friend, \"left a two-page outline of 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 24/26 her complaints with the department secretary to give to [Professor] Brownstein\" but \"never received a response to that signed, written complaint.\" We find nothing in the record suggesting Merante's \"signed, written complaint\" even touched on Hayut's complaints regarding Professor Young's harassment. That Merante received no response from Professor Brownstein, then, has no bearing on the adequacy of the response rendered by the individual defendants in connection with Hayut's allegations 13 Section 106.8 (\"Designation of responsible employee and adoption of grievance procedures\") provides: (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 or alleging any actions which would be prohibited by 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 procedure 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. 34 C.F.R. \u00a7 106.8 14 The formal Grievance Procedure for Review of Allegations of Discrimination for SUNY, enacted in accordance with Title IX, provides that \" [t]his procedure ... is in no way intended to supplant or duplicate any already existing grievance procedures, including the informal resolution process presently in practice on many campuses.\" 15 As in Giordano and a predecessor case, Harlen Assoc. v. Incorporated Vill., Of Mineola, 273 F.3d 494 (2d Cir. 2001), we decline to resolve whether \"Olech changed this Circuit's requirement that a `class of one' plaintiff alleging an equal-protection violation show an illicit motivation,\" Giordano, 274 F.3d at 751. Hayut fails to provide evidence of any, let 2/22/25, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 25/26 alone intentional, disparate treatment by the individual defendants or that any such differential treatment, if it occurred, was irrational or arbitrary. 16 Article I, Section 11 provides that \"No person shall be denied the equal protection of the laws of this State or any subdivision thereof.\" N.Y. Const. art. I, \u00a7 11 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, 8:03 Inbal Hayut, Plaintiff-appellant, v. State University of New York, State University of New York College at New Paltz, Alex Young, Indi\u2026 26/26"}
8,986	Daniel Tauber	Capital Community College	[ "8986_101.pdf", "8986_102.pdf" ]	{"8986_101.pdf": "Professor fired for sexual harassment, wins job back and retires by Tricia Ennis June 2, 2023 long-time Emergency Medical Services instructor at Capital Community College (CCC) was ousted for sexually harassing students, misusing his school email, and releasing protected student data in 2021 but was quickly reinstated only to immediately resign and retire, according to documents obtained by through the state\u2019s Freedom of Information Act. In a Human Resources investigation filing from August 2021, former Program Director Daniel Tauber was found to have violated the school\u2019s code of conduct several times, including 2/22/25, 8:03 Professor fired for sexual harassment, wins job back and retires 1/3 twice for sexual misconduct. In one instance, Tauber was found to have made a sexually suggestive comment regarding a student\u2019s appearance. In another, he was found to have engaged in an inappropriate relationship with a second student. That second student had documented their relationship in an email to Tauber that was included as part of the investigation. In the email, according to the investigation filing, the student said that she engaged in the relationship in part because Tauber, as an instructor and director of the program, had disciplinary power over her. The investigation also found that Tauber had given the student gifts, including thousands of dollars toward the purchase of a Jeep, and had \u201cmore than likely\u201d cosigned a loan for a Subaru. It found that \u201cthe majority of these gifts\u201d were given while she was a student. In addition to the relationship, investigators found that Tauber had threatened other students in both day and evening classes with disciplinary action, including termination from the program, if they discussed his personal life, including his relationship. The report states that this \u201cmore likely than not had a chilling effect on students to come forward or raise concerns about any inappropriate or unprofessional conduct by Tauber.\u201d In addition to the harassment and threat-related findings, the investigation also found that Tauber had used his school email to send himself items of a personal and sexual nature, and had blind carbon copied a third party on emails with students which included information that would have been protected under the Family Educational Rights and Privacy Act (FERPA). Documentation regarding any action took following the investigation was not made available as part of the request March 2022 stipulated agreement between the school and Tauber\u2019s union (The Federation of Technical College Teachers, AFT, Local 1942, AFL-CIO), however, states that he was terminated the same month that the investigation was submitted to the school. The union filed a grievance with the state following that termination and while the school denied any wrongdoing on their part, the parties agreed to drop the grievance under certain terms. Those terms included Tauber\u2019s immediate reinstatement, backdated to August 20, 2021, as well as back- pay to that date. It also required the school to accept his resignation and process his retirement, as he had been employed with since November 26, 1996. In exchange, Tauber released the school and the Connecticut State Colleges and University system from future litigation and agreed not to work within the system in the future. 2/22/25, 8:03 Professor fired for sexual harassment, wins job back and retires 2/3 \u00a9 2025 Connecticut Inside Investigator Powered by Newspack As a result of the agreement, Tauber has since been pulling a state pension worth nearly $30,000, according to state data. According to his LinkedIn profile, following his departure from CCC, Daniel Tauber now serves as the Clinical Education Coordinator at Yale New Haven Hospital Center for EMS, in addition to positions with St. Francis Hospital and Medical Center and the Windsor Locks Lions Ambulance Corps. Topics on this page 2/22/25, 8:03 Professor fired for sexual harassment, wins job back and retires 3/3", "8986_102.pdf": "This investigation contains strong language and sexual topics that may not be appropriate for all readers. Since launching in 2022, Inside Investigator has taken a close look at physical and sexual abuse by faculty, staff, and students in higher education, as well as the accountability processes in each of the state\u2019s public colleges and universities. On September 23, 2023, our team submitted a request to each school in the Connecticut State Colleges & Universities (CSCU) system, as well as the University of Connecticut (UConn) and the Coast Guard Academy in New London, seeking \u201call records pursuant to any investigation into sexual misconduct of any faculty or staff member from January 1, 2018, to present.\u201d We also requested \u201call disciplinary files for any individuals who were the subject of those investigations Partial Record: Sexual Misconduct and Transparency at by Katherine Revello and Brandon Whiting February 16, 2025 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 1/30 from any date, as well as any employment contracts or agreements those individuals may have signed.\u201d Our goal in making the request was to uncover just how rampant the issue is, how misconduct is handled, and the financial impact of sexual misconduct in higher education. As of publication, 17 months later, UConn and the Coast Guard Academy have provided no documents, and Board of Regents officials have provided incomplete files. To ensure each university complies with and is publicly transparent, Inside Investigator has filed complaints with the Freedom of Information Commission (FOIC). From the records provided by officials so far, we know that 18 sexual misconduct investigations have been opened by since 2018. Seven occurred at Southern Connecticut State University (SCSU), four occurred at Central Connecticut State University (CCSU), two occurred at Western Connecticut State University (WCSU) and Three Rivers Community College, respectively, and one occurred at both Manchester Community and Capital Community Colleges, respectively. The allegations underlined in each investigation range greatly in severity; for example, one investigation was made after students reported a joke made in poor taste, while others involved college professors and faculty members accused of stalking, making unwanted sexual advances, disparaging sexual comments, or even having full-blown sexual relationships with their students. Some of these investigations have already received media attention, such as in the cases of theater professors Joshua Perlstein and Thomas Delventhal, who were let go after being accused of sleeping with students, encouraging sexually suggestive performances in their classes, and making inappropriate or derogatory comments to students. Mark Parrott, a former residence director at SCSU, is another such example. Parrott was fired and criminally charged after sexually assaulting a student. The files Inside Investigator has received thus far show that there have been several investigations made since these stories broke that have not received media attention. Among the files yet to be provided are letters of reprimand, supporting documentation, and even final punishments issued by the school, having been left out by officials. Ultimately, CSCU\u2019s files, incomplete as they may be, have allowed Inside Investigator the most in- depth view so far of how the school system investigates incidents of sexual misconduct, what factors 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 2/30 impact administrators\u2019 ability to discipline staff members with substantiated accusations of misconduct, and how much these incidents cost Connecticut taxpayers. The first thing to note when evaluating the investigation files is the fact that there were very few cases in which staff were fired outright. Otto Erazo, a former janitor at Three Rivers Community College, was a rare exception to this rule. He was accused of touching a female student\u2019s rear end \u201clike a baseball pat,\u201d and was \u201cseparated from employment.\u201d Investigators saw camera footage of the incident, and it was not his first misconduct case, having been reported twice prior in 2015. \u201cWhy wasn\u2019t anything done before with him?,\u201d the student asked investigators upon being interviewed. \u201cWhy do have to be the example for his behavior?\u201d Per Erazo\u2019s report, the student \u201cstarted crying following these statements.\u201d In some cases, the punishment doled out by is unclear, as no disciplinary documents were provided. One such case is Frank Capellan, a former Spanish professor at SCSU. SCSU\u2019s Office of Diversity and Equity Programs (ODE) opened an investigation into Capellan on Sept. 23, 2019. Cases 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 3/30 The investigation centered around allegations made by a female student who would frequently visit Capellan to practice Spanish with him during the Spring 2019 semester. The student said that during these visits, Capellan frequently made inappropriate comments of a sexual nature. He would ask about her love life and ask her on dates, stating to her that \u201che felt a connection between them \u2013 a real connection, not just as a friend.\u201d He allegedly wrote his cell number on the class board before Spring Break and told the student after class \u201cthat he wrote the number up there for her.\u201d He asked her to walk with him as he left for the parking lot, and when she asked whether he was taking her to his car, he replied, \u201cYou are just figuring it out now?\u201d When Capellan discovered that she had once asked others about his age, he asked her why and \u201cacted as if it was a way of her showing interest in him.\u201d The student told investigators that \u201cshe was growing more and more upset and fearful of rejection during the term.\u201d She acknowledged that \u201cshe has a hard time rejecting people,\u201d and said that \u201cshe did not want him feeling bad and that it made it very difficult to say, \u2018Leave me alone.\u2019\u201d Growing increasingly anxious and fearful of what may follow if she outright rejected Capellan\u2019s advances, the student went to see Dr. Evans, but \u201ccould not bring herself to give any of the details about Mr. Capellan.\u201d She eventually confided in two friends, who were also students at SCSU. They encouraged her to report Capellan, but \u201cshe feared what the consequences to her might be and she did not want to see him lose his job.\u201d She \u201cfelt very conflicted and under great stress.\u201d Her friends suggested she try to tell Capellan that she was asexual, or experienced very little sexual attraction to others, to ward off his attempts at pursuing her. She took this advice, but it did not dissuade Capellan. Instead, Capellan proceeded to ask her, \u201cwhether she had kissed a boy, whether she had given anyone a blowjob, whether she masturbated, whether she was interested in being naked in front of each other.\u201d Capellan went as far to tell her that he \u201cliked her \u2018kitty clean,\u2019\u201d and gave her his cell number. Capellan reportedly later texted the student that he had \u201cdone some research and needed to meet her in person.\u201d The student decided she would meet him in a public place, a Panera in Hamden, to tell him that she didn\u2019t want to speak to him again. When they met, he allegedly asked her to join him on a trip to the Dominican Republic, took a sip of her drink, and took a lollipop out of her mouth and put it in his own. He then asked her to take it back, to which she responded that \u201cshe did not give a fuck what he wanted.\u201d 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 4/30 Capellan allegedly continued to text the student after the incident, and that upon her return to campus next semester, her anxiety reached a climax. \u201cShe became more and more uncomfortable and anxious about what had happened,\u201d read the report. \u201cJust walking down the hall made her upset. She finally went back to Dr. Evans.\u201d Capellan was notified by Paula Rice, SCSU\u2019s Director, of the investigation that was opened into him on Oct. 1. Capellan declined union representation and was himself interviewed by investigators. He apparently tried to attack the student\u2019s character to discredit her allegations, claiming he thought she might be \u201cunstable.\u201d \u201cHis response to the allegations was an absolute denial,\u201d reads the report. \u201cHe acted surprised at the allegations as they were related [relayed], as if he had never heard them before. When asked about whether he asked Complainant for dates, he responded that such requests would be improper and denied having made them. He did state that she told him that she was asexual and at that point, he asked if she had a boyfriend. He explained that he asked to see how she knew that she was asexual.\u201d When asked about the Hamden meeting, Capellan tried to tell investigators that \u201che did not know where Hamden is,\u201d and that he had never met with her outside of school. He denied ever asking her to accompany him on his trip to the Dominican Republic and ever texting her and said that since he often left his phone with his parents, that \u201cmaybe something happened,\u201d despite later saying that he didn\u2019t even have her phone number. The investigators conducted additional interviews with the two friends the student confided in, who both confirmed many of the allegations she made, as well as the impact that Capellan\u2019s advances had on her emotional state. Investigators also interviewed a coworker of Capellan\u2019s at his suggestion, Dr. Sandra Torres, an adjunct professor who had worked at for 15 years by that time. She recalled seeing the student in Capellan\u2019s office twice that semester and recalled Capellan calling her once to tell her that the student told him \u201cshe hears voices in her apartment.\u201d Even though there were no direct witnesses to Capellan\u2019s alleged behavior, and the student told investigators that she had deleted the messages Capellan sent to her, the investigators found the student\u2019s version of events to be \u201cmore credible\u201d than Capellan\u2019s. Many of Capellan\u2019s own claims were refuted by Torres, who he himself called as a witness. He told investigators that he had asked Torres to sit in with him for his office hours with the student after the third week of the semester, which Torres denied. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 5/30 \u201cDr. Capellan\u2019s response to the complaint and its allegations were not believable,\u201d read the report. \u201cIt appeared at times that Dr. Capellan would just spout out an answer that he thought could remove the issue from consideration, without really thinking the answer through. His attitude of surprise and shock at the allegations appeared almost a show for our benefit than a genuine reaction.\u201d Furthermore, investigators pointed out the irregularity in his story regarding his claim that his parents could have possibly texted the student, while also denying having ever had her number, and found it doubtful that he could not have known where Hamden is located, given the fact that he grew up in Hartford and himself attended SCSU. While Capellan\u2019s file did not include any documents outlining the disciplinary actions taken against him by SCSU, the report did say that \u201cthe credible evidence\u201d indicates that Capellan violated the school\u2019s sexual harassment policies quick scan of SCSU\u2019s Department of World Languages and Literature\u2019s faculty page implies that he is no longer employed by the school, but officials have yet to provide the requested documentation. While letting Capellan go after such an investigation may seem to be a no-brainer, investigation files into Prof. Richard Thayer, an associate professor at Gateway Community College, revealed that the punishments doled out by for substantiated claims of sexual misconduct can vary wildly. Thayer, an Associate Professor in Gateway\u2019s Radiation Tech program, was reported by \u201cmultiple former students\u201d in Sept. 2021 for engaging in \u201cflirtatious behaviors to students enrolled in his course, sending images of the male genitalia to at least two students, engaging in a romantic/sexual relationship with students while they were enrolled in his class, fraternizing and drinking socially with students while they were enrolled in his class, using his personal phone as a primary source of communication with students.\u201d While these claims were substantiated by witnesses, both the letter of reprimand issued to Thayer by Gateway, as well as the fact that he still has a faculty page on Gateway\u2019s website, indicate that he is still employed by the school. Gateway\u2019s investigators interviewed 26 witnesses, 20 of them current students and six of them former at the time of Thayer\u2019s investigation. Two of them said that around May 2018, Thayer began hanging out with students at a bar after classes. Another two witnesses reported going to a bar and having drinks with him in April 2019. Thayer was reported to be the only faculty present, and it is also alleged that he bought the class alcohol. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 6/30 Another witness said that Thayer invited her and four or five other students to a high school baseball game and said that they drank with Thayer at the game and at a bar afterwards. Thayer was accused by one student of \u201ctrying to pretend to hide consuming alcohol while tutoring during a WebEx study session.\u201d Another student said that Thayer sent them a text of the study group drinking wine during a study session. Thayer allegedly advised the student who sent the text that \u201che would change the start time of the class the next day because they would \u2018probably be hung over.\u2019\u201d The next day, the class allegedly began two hours later than usual. Four other students reported Thayer for attempting sexual contact with them. One student said they received a text containing \u201ca sexual joke,\u201d and two others allegedly received photos of his genitals. Of the two who were sent photos, one ceased contact with him, while the other \u201creported engaging in a sexual and romantic relationship\u201d with him. In Spring 2018, Thayer allegedly ran into a male and female student out at a bar and invited them back to his home. \u201cWhile in Thayer\u2019s home, the male classmate pulled this witness\u2019s pants down and Thayer began spanking her bare buttocks,\u201d read the report. Another student reported that they overheard stories that Thayer attended a strip club with two students, one male and one female. This witness said they saw postings of this outing on Snapchat, but that she was not sure whether the students were current or former at that time. All 26 witnesses reported that Thayer told his students to \u201cuse his personal cell phone and the use of text messages\u201d to communicate with him. This behavior not only violated the school\u2019s communication policies but also gave Thayer the ability to make inappropriate contact with students in a manner that couldn\u2019t be monitored by the school. The investigative report also noted the numerous ways in which he violated university policy to stonewall the investigators\u2019 inquiries. Per the report, Thayer attempted to reach out to two students via Facebook Messenger on Sept. 11, 2021, after being notified of the investigation by school officials on Sept. 9 and being placed on administrative leave on Sept. 10. One of these students provided investigators with a screenshot of the message Thayer sent them and told investigators Thayer had also attempted to call them earlier that day. This attempt at contacting students who were witnesses in the investigation is a direct violation of the school\u2019s investigation policy. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 7/30 \u201cWhile Thayer denied engaging in this conduct, the investigators find Thayer to be less than truthful in answering this statement based on witness accounts and material evidence,\u201d read the report. \u201cThe investigators further find that more likely than not these actions may have had a chilling effect on people\u2019s reporting.\u201d In addition to Thayer\u2019s ostensible attempts at witness tampering during the investigation, investigators also found Thayer to have likely attempted to dodge their questioning by ducking an interview with them at a pre-agreed date and time and then falsifying his timesheet afterward. Thayer said he was unable to make the interview or reschedule for another time that week \u201cbecause he was helping a friend with an online bartending class and was planning to use accrued time for the entire week.\u201d The report said that while Thayer was on paid administrative leave, he was \u201cexpected to be available.\u201d Thayer claimed he couldn\u2019t make the interview during that week because he \u201cdid not receive the notice.\u201d After reviewed Thayer\u2019s timesheet for that week, they found that he originally reported using two sick days without preapproval and used regular time on the date he told investigators he was unavailable to meet with them. \u201cOnce notified of this, Thayer resubmitted his timesheet to reflect the time off,\u201d read the report. Although investigators substantiated all the claims alleged against him, Thayer appears to have only received a Letter of Reprimand. The letter, sent to him on Feb. 23, 2022, first thanked Thayer for his \u201cpatience and cooperation\u201d throughout the investigation process before proceeding to hammer him for his violation of the school\u2019s investigation policies and the falsification of his timesheet. \u201cThis behavior is unacceptable, and it is expected that you will immediately address this situation and that further discussions or investigations into such conduct will not be required,\u201d read the letter. \u201cYou should also be aware that this letter shall serve as notice that any further misconduct will be viewed as unwillingness, rather than inability, to comply with reasonable expectations.\u201d Thayer was warned that \u201cany additional incidents of this kind or other misconduct, if substantiated,\u201d would be cause for \u201cmore severe disciplinary action, up to and including, suspension and dismissal.\u201d Ultimately, Thayer\u2019s reprimand stipulated that his paid administrative leave would end on Feb. 28, and he reported back to work on March 1, 2022. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 8/30 Below you may find all responsive documents received via from officials. Inside Investigator has redacted several names that appear to identify complainants or witnesses in several investigations. In order to protect personally identifiable information and the identity of witnesses who may have spoken confidentially, we have added these additional redactions. These documenents contain additional strong language and sexual topics that may not be appropriate for all readers. Byron Lembo-Frey 2.23.21 Title Investigative Report 4.16.21 Dismissal Letter and Stipulated Agreement Daniel Pope 11.25.19 Investigative Report Daniel Tauber 8.3.21 Investigation Report 3.25.22 Stipulated Agreement David Chevan 5.15.18 Investigative Report 11.5.18 Memorandum of Understanding Donna Nicholson 10.12.18 Investigation Report 10.22.18 Letter 5.24.19 Letter 6.27.29 Letter 12.5.19 Letter Mark Parrot 6.21.19 Investigative Report Mihai Bailensteanu 5.31.18 Letter 6.8.18 Investigatory Report 6.21.18 Letter 10.10.18 Letter 5.31.19 Letter Nedeljko Mikac 10.15.18 Letter 1.20.20 Agreement of Discipline Otto Erazo 12.20.18 Title Incident Report Ricardo Barrett 6.23.20 Investigation Report 10.15.20 Letter of Suspension 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 9/30 1.8.20 Stipulated Agreement Final Investigation Report Frank Capellan 12.18.19 Investigative Report James Tait 3.29.19 Letter Joshua Perlstein 1.10.19 Investigative Report 2.12.19 Letter 6.18.20 Stipulated Agreement Khoon Koh 1.23.18 Investigatory Report 10.8.18 Last Chance Agreement 3.29.19 Termination Notice Richard Thayer 12.17.21 Investigation Report 2.23.22 Letter Robert Kirsch 12.27.23 Investigative Report 1.15.24 Letter 2.20.24 Stipulated Agreement Thomas Delventhal 1.10.19 Investigative Report 8.4.20 Stipulated Agreement Xavier Potter 10.10.18 Investigative Report 10.31.18 Letter 11.6.18 Email 12.10.18 Letter 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 10/30 One of the conundrums revealed by CSCU\u2019s files, perhaps best exemplified by Thayer\u2019s case, is the question of when schools find it fit to let staff members go. While Thayer makes the notable distinction of being the only staff member of those provided via still employed by CSCU, other investigations reveal the several \u2018second chances\u2019 given to staff members, such as in the cases of Khoon Koh, Donna Nicholson, Daniel Tauber, Byron Lembo-Frey, and Mihai Bailesteanu. Koh, a professor of marketing at CCSU, was alleged to have \u201cmade numerous comments of a sexual nature including discussing the sexual position of \u201869\u2019 and \u2018golden showers\u2019\u201d in class. He was also alleged to have \u201creferenced a statistic regarding males and hemorrhoids,\u201d on \u201cnumerous occasions\u201d and \u201cproceeded to ask male students to remove their pants to see if they had hemorrhoids.\u201d In addition, he was alleged to have made racially disparaging remarks, would discuss student grades in front of his class, would compare the performance of one of his marketing classes to others, and would refuse to adapt his teaching style to accommodate student needs. \u201cAt the beginning of the course, Koh allegedly told students if they didn\u2019t like his teaching style, they could switch classes as he was not going to adjust,\u201d read Koh\u2019s report. \u201cKoh said he has only known of four faculty who have been fired. [The student] took these accounts as a \u201cmessage\u201d that Koh could behave in this way as he was protected from any adverse administrative action.\u201d Nicholson, a former criminal justice professor at Manchester Community College (MCC), was investigated for similar allegations; she was accused of denying students their American with Disabilities Act accommodations, of making sexually harassing and racially disparaging remarks, and telling students they could not use the bathroom unless they were menstruating. Nicholson would frequently appear late to her own classes and left one week for a cruise without giving notice to, or receiving preapproval from officials. Both Nicholson and Koh were given similar punishments. Nicholson received five days of unpaid suspension, Koh received ten. Nicholson was to be placed on paid administrative leave for the rest Second Chances 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 11/30 of the semester. Upon her return, Nicholson would be made to meet with various administrative officials to \u201cdiscuss college policies and identify ways to improve your [her] communication efforts\u201d and, both her and Koh were required to perform a \u2018Fit for Duty\u2019 assessment. Both were ultimately fired after being given their second chances. Nicholson was fired after she continued to show up late for classes and proved insufficient at communicating with her students and staff, as well as for calling out a student she thought filed the initial complaints against her. Koh for \u201coffensive and discriminatory behavior in the classroom and continued creation of a hostile learning environment,\u201d and violating a last chance agreement, which is absent from the files sent. Lembo-Frey, a janitor at SCSU, was accused of repeatedly stalking a female student over the course of three semesters, going out of his way to hang around places she frequented even if they were out of the course of his assigned cleaning duties that day. He allegedly attempted to engage her in conversations at her place of work on campus, her dormitory common room, and other unspecified on-campus buildings, despite her lack of shown interest. According to Lembo-Frey\u2019s termination letter, he was made to sign a \u201clast chance Stipulated Agreement,\u201d and was let go after he \u201cfailed to comply with the terms,\u201d resulting in \u201cthree instances of serious misconduct.\u201d That agreement was not provided by officials via FOIA. Bailesteanu, an associate professor of mathematical sciences at CCSU, was alleged to have subjected a student to \u201cunwelcome romantic advances and inappropriate physical contact including, but not limited to, kissing her on the cheek and forehead and hugging her on numerous occasions.\u201d He frequently engaged the student in conversations of a sexual nature, asking \u201cwhether she was a virgin or used birth control.\u201d The disciplinary response to Bailesteanu\u2019s investigation is especially confusing and not readily explained by CSCU\u2019s files. Bailesteanu was first notified that would not be renewing his associate professor placement on May 31, 2018, before the completion of his investigation on June 8. This letter stipulated that his final appointment would end on May 31, 2019. He received a letter of reprimand because of the investigation on June 21, 2018, yet was then notified on Oct. 10, 2018, that he would, in fact, have his employment renewed for the 2018-2019 academic year. Finally, on May 31, 2019, Bailesteanu was told his contract would not be renewed for the following year, and that his employment would terminate on May 31, 2020. It is unclear what, if any, factors played into the decision by university officials. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 12/30 Daniel Tauber, an instructor at Capital Community College, was found to have sexually harassed students, misused his school email, released student data, made a sexual comment to one student, and engaged in a sexual relationship with a student. Tauber was originally fired after the conclusion of his investigation but was able to win his job back after filing a grievance through his union (The Federation of Technical College Teachers). Upon his reinstatement, he immediately retired, preserving his taxpayer-funded retirement benefits in the process. Tauber\u2019s ability to regain employment and retire with benefits highlights perhaps the largest obstacle facing college administrators\u2019 attempts to dole out discipline: the grievance process afforded to faculty members via their collective bargaining agreements. Faculty members included in the investigation belonged to a variety of unions, but the two most common, and seemingly powerful in their capability to represent accused staff members, are the Connecticut Congress of Community Colleges (4Cs) and the American Association of University Professors (AAUP). While 4Cs pertains only to community college employees within the state of Connecticut and has over 4,000 members is a nationwide union, and as of 2022, represents tens of thousands of professors at over 500 colleges. The Grievance Process; Due Process or Undue Disciplinary Constraints? 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 13/30 Per the 4Cs\u2019 agreement, grievances can be filed by employees within 30 days of any such act perpetrated by the college that they believe violates their rights as outlined in their bargaining agreement level one grievance is submitted to the President of the college to review. The president will meet with the aggrieved staff member to settle the grievance within 14 days of its filing. If the staff member is still dissatisfied, they have another ten days to file a level two grievance, which is then to be reviewed by CSCU\u2019s President, who will meet with the aggrieved within 21 days of their receipt of the grievance. If the grievance is not adequately put to bed by CSCU\u2019s President, the issue will then be put before a mediation panel staffed by four mediators, two of which are selected by the school and two by the union. If the two sides cannot come to an agreement before the mediation panel, the panel will then write a recommendations report to be submitted to CSCU\u2019s President, who will be given an additional 14 days to make a decision. If the staff member is still dissatisfied at this point, they then have the right to bring the decision before an arbitrator. They have an additional 30 days to submit their request for arbitration after the level two or mediation panel decision, or, if a decision isn\u2019t made by the deadline outlined within the agreement, within 30 days of when the answer was supposed to be given, \u201cwhichever is later.\u201d The arbitrator will have an additional 30 days to rule after the close of arbitration meeting or submission of briefs by both sides, again, \u201cwhichever is later.\u201d If that process seems lengthy, AAUP\u2019s agreement with is even longer. Not only does it follow a similar two-level grievance system, but it also stipulates that grievances must be brought before two mediation panels, not just one, before grievances are brought before an arbitrator. Furthermore, AAUP\u2019s bargaining agreement outlines specific agreed upon punishments for certain offenses, as well as an entirely separate, also lengthy process for cases in which the school seeks to fire a professor outright. Some of the concessions afforded to professors in the disciplinary process are lopsided; for example, if wishes to fire a professor for abandoning their duties without notice, the absentee professor has up to three months before they\u2019re able to be fired outright by CSCU. If they return within three months, their firing will have to be referred through the full discipline process. If a professor is determined by investigators to be a \u201cdanger to persons or property,\u201d the school can \u201cimmediately suspend the member with pay.\u201d Only if the professor is arrested or incarcerated can they be suspended without pay for the duration of their incarceration, and even then, the professors are \u201cimmediately placed back on the payroll\u201d upon release. Furthermore, even after incarceration, if the school wishes to suspend the professor, it will be paid suspension. If the school doesn\u2019t decide to 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 14/30 pursue disciplinary action against the formerly incarcerated professor within 30 days of their release, the professor is then automatically owed \u201call of his/her salary that had been withheld and he/she made whole.\u201d If decides to fire a professor represented by AAUP, the matter must first be brought before a mediation committee who have two weeks to come to a resolution. The professor can then request a meeting before a Termination Committee, which must schedule a meeting 6-8 weeks after the professor makes a request. Once the termination committee decides upon a date, it must provide it to both parties at least two weeks in advance. The termination committee consists of three union officials, three Board of Regents (BOR) appointees, and three independent arbitrators. The two sides appoint a hearing officer via a bipartisan selection process to lead the proceedings. After they conclude, the committee has seven days to issue a recommendation to the President. If the president agrees with the rulings or imposes a lesser punishment, the professor has no further recourse. If the president decides to impose a harsher punishment, the professor again has 10 days to appeal, throwing both parties back to step three or step four of the grievance process, which puts the appeal either before the grievance arbitration committee or before independent arbitrators. Essentially, if the termination council makes a ruling short of firing, the president is faced with an even longer process if they insist on doing so. Upon evaluation of these lengthy grievance processes, it\u2019s easier to understand why so many disciplinary processes end in stipulated agreements. Very few of the investigations made it every step of the way through the disciplinary or grievance processes laid out by their respective unions. In fact, the only case which appears to have made it all the way to arbitration was Delventhal\u2019s, who was represented by officials attempted to fire both Delventhal and Perlstein for months after the conclusion of their investigations but with no success. Perlstein was brought before the termination committee, while Delventhal was shortly reinstated by arbitrators, and both proceeded to \u201cresign\u201d per the terms of their stipulated agreements. \u201cIt has been a long process, especially for the sexual assault survivors and the Theatre Department students and faculty,\u201d said President Zulma R. Toro at the time, per Mirror. \u201cThe investigation and termination proceedings have been frustrating and challenging, but we are moving forward.\u201d Investigation files revealed additional instances where administrators\u2019 original punishments were similarly reduced via stipulated agreements. Nicholson, for example, was originally given notice of 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 15/30 her termination on Dec. 5, 2019. In the letter, she was also notified that her last day of \u201cactive coverage for healthcare benefits\u201d would be Dec. 31. Fast forward to Jan. 8, 2020, Nicholson, who was represented by 4Cs, entered into an agreement with that gave her an additional 8 months of paid administrative leave, with her termination being postponed to Aug. 1, 2020, and reclassified as a retirement. Furthermore, she was able to retain her state retirement and healthcare benefits. The agreement also stipulated that \u201cremove from Ms. Nicholson\u2019s official personnel and professional documents referencing termination of her employment,\u201d and provided that if a future employer contacted the school regarding Nicholson\u2019s experience would only provide them with \u201cNicholson\u2019s name, dates of employment, job title, and job duties.\u201d Robert Kirsch, a former business professor at SCSU, was given a similarly subtle sendoff via stipulated agreement. In 2023, Kirsch was accused of sexually harassing a fellow business professor, repeatedly making unwanted romantic advances, and sharing details regarding his own sexual health, much to the professor\u2019s discomfort. Kirsch\u2019s own stipulated agreement plainly lays out its intent to avoid AAUP\u2019s lengthy disciplinary and grievance process. \u201cThe purpose of this Agreement is to avoid expending unnecessary additional time and resources investigating concerns that have been brought to the University\u2019s attention, and to help ensure an orderly transition in anticipation of Dr. Kirsch\u2019s planned retirement,\u201d read the agreement. Per Kirsch\u2019s agreement, signed by both parties on Feb. 20, 2024, he was allowed to retire by April 1 in return for the dropping of all further investigations into him. The agreement also stipulated that it would \u201cnot effect Dr. Kirsch\u2019s eligibility for a retirement incentive, in the event that and the agree to such an incentive and Dr. Kirsch meets the eligibility requirements.\u201d 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 16/30 While there are several exemptions to FOIA, other laws also limit information that can be obtained. One of these is the Family Educational Rights and Privacy Act (FERPA), a federal law passed in 1974, which has been incorporated into FOIA. Generally, the law requires that all educational institutions that receive federal funds\u2014meaning the law applies to many private institutions as well as public ones\u2014have a policy limiting the disclosure of education records without the prior approval of a student or guardian if the student is under 18. But doesn\u2019t prevent the disclosure of all records produced by schools \u2014or at least it\u2019s not intended to. Education records must satisfy several criteria: they must directly relate to a student and must be maintained by either an educational institution or someone acting on behalf of that institution. It\u2019s the \u2018directly relate\u2019 element of that educational institutional agencies often get hung up on. And, either due to a misunderstanding of the law or as a cover to thwart transparency, in many cases is used as a carte blanche to deny access to records. In other cases, even if access to records is granted, poor understanding of the law, whether intentional or not, leads to improper redactions that stymie accountability. This is the case Inside Investigator finds itself in with CSCU\u2019s response. In one document, the name of an author of an article published in CCSU\u2019s student run newspaper, The Recorder, was redacted. Not only is this unnecessary since, as it was published, it\u2019s easy to discover the information via the Internet, but it has no direct relationship to student records and isn\u2019t maintained by the school. References to what appear to be building names and references were also redacted, even though they don\u2019t fit the definition of education records. Information Barriers 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 17/30 In records provided into WCSU\u2019s investigation into Xavier Potter, a former coach at accused of sexually harassing one student athlete and engaging in sex acts with another, part of his title is redacted redaction log cited the portion of that incorporates FERPA. As Potter is staff, not a student does not apply to him. Following an investigation into his conduct, Potter was notified that his employment contract would not be renewed, and he is no longer employed by WCSU. The same document contains redactions, also citing FERPA, exempting the name of the sports team involved in the alleged incident. Again, this is not a record directly related to a student, and does not apply. In other documents, things like students\u2019 years of attendance are redacted, again citing FERPA. But this fits into the category of directory information, which is not expressly exempt from disclosure under FERPA. This is information like a student\u2019s name, date and place of birth, address, telephone number, attendance information, and membership in clubs and activities. Students or guardians can notify schools they do not want this information disclosed, but this information is disclosable as long as schools have informed them it will be. Connecticut\u2019s Board of Regents for Higher Education has designated the following categories of information as directory information: Student\u2019s legal name Permanent mailing address Month and day of birth Photographs Student identification number Email address Telephone number University or college previously or currently attending Dates of attendance Full or part-time student status Academic awards and honors Class standing/year Program of study Degrees or certificates earned/for which a student is a candidate 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 18/30 Previous institutions attended Expected graduation/completion dates Inside Investigator provided officials with a list of exemptions it believes improperly cite FERPA, but has not received a response also explicitly does not exempt the final results of disciplinary procedures or investigations into sexual assault or harassment, whether they are committed by students or students are the victims, from disclosure. In addition to these apparent discrepancies, CSCU\u2019s response to Inside Investigator\u2019s is simply incomplete. Responsive documents\u2014in many cases attachments to the final investigations that are referenced in the report\u2014are missing. In other cases, previous disciplinary actions are referenced in the investigative files but were not turned over despite Inside Investigator\u2019s request clearly seeking all related records. Emails referenced as attachments in the investigation into Lembo-Frey were not included in the records Inside Investigator was provided. Other seemingly responsive documentation, including the last-chance stipulation agreement that led to Lembo-Frey\u2019s dismissal, was also not provided. The investigative files provided for Chevan also reference a letter of reprimand, a previous grievance, and an investigation letter. None of these documents were provided. Exhibits attached to the investigative report into Daniel Pope, a lecturer in WCSU\u2019s Writing, Linguistics and Creative Processes department accused of sexually harassing a student were also not turned over. Per the report, the exhibits were emails allegedly confirming Pope\u2019s sexual relations with students. There are also no documents that show what disciplinary action, if any, was taken by in response to the investigation stipulated agreement referenced in the investigation into Tauber was not part of the documents Inside Investigator received. In James Tait\u2019s case, a former professor of Marine Sciences at SCSU, Inside Investigator was provided a letter of reprimand, which referenced an investigation into alleged violations of the school\u2019s policies on sexual harassment and pluralism, but received no investigation report. The letter also referenced a meeting with union representatives to discuss the report\u2019s findings. Documentation related to this was also not turned over. Per SCSU\u2019s website, Tait passed away on April 6, 2021. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 19/30 In Nedejlko Mikac\u2019s case, a former maintenance worker at who was accused of sexual harassment and stalking, Inside Investigator received a letter of discipline and a summary of the findings of an investigation into his conduct but not an actual investigative report or any other documentation related to complaints into his behavior. Mikac was given one day\u2019s suspension without pay and agreed to retire on April 1, 2020 indicated in documents it provided in Thayer\u2019s case that it notified him it was investigating a complaint against him. However, it did not provide a copy of that letter to Inside Investigator. In Kirsch\u2019s case, emails referenced in the investigative report into his conduct were not turned over. Disciplinary records are missing in a number of cases, likely because the identified staff resigned prior to discipline occurring. According to publicly available payroll data, all but one of the individuals investigated by are no longer employed by the community college system. But also did not provide any documentation of resignations or other ways in which employment was not renewed in a number of cases. Inside Investigator has attempted to communicate with several times about this request. While released supplemental responsive documents in December 2024, it has not addressed any of Inside Investigator\u2019s questions about redactions or missing documents responsive to the request. Inside Investigator has filed a complaint with the Freedom of Information Commission due to CSCU\u2019s failure to respond. \u201cWe handle requests for 17 different campuses which requires a review of each document to determine if redactions need to be made or exemptions are applicable, whether the individual who is the subject of the record needs to be notified, and the particular request is likely not the only request being made and we attempt to handle them in the order in which they are received and processed in accordance with other workload and priorities,\u201d said Norton when asked why takes so long to process records requests. This would not be the first time a campus has failed to adequately respond to requests for information about sexual misconduct. In 2023, a deposition in a lawsuit against revealed that two cases of misconduct\u2014including an alleged rape\u2014were not included in a request for sexual misconduct by employees because they were handled by the Office of Student Conduct rather than by Human Resources. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 20/30 also appears to have not included disciplinary investigation transparency for cases that involve non-student victims. \u201cOff campus matters of this type (domestic violence) that involve non-students are matters for the local police,\u201d said Norton. To date, five of the staff identified for sexual impropriety have received pension payments totaling $528,688.08. Pension payments totaled approximately $120,000 per year in 2023 and 2024. That number is likely to grow, not only as those five individuals continue to collect payments, but as more former staff become eligible to collect pensions. How Much is This Costing? 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 21/30 All but one of the individuals identified by the records provided Inside Investigator are no longer working for the community college system. Richard Thayer continues to draw a paycheck and is expected to be paid roughly $72,500 in 2025. Many of the remaining individuals who are no longer employed by are eligible to collect a pension but are not yet at retirement age. Under the State Employment Retirement System (SERS), state employees are generally eligible to receive pension payments when they reach a certain age so long as they completed a certain number of years of service. Under SERS\u2019 Tier Plan, for example, employees who complete at least five years of service earn a nonforfeitable right to a retirement benefit, which they are able to receive at age 65 if they leave state service before attaining retirement age. If they completed ten years, they are eligible to receive pension payouts at age 55. This means that more of the former staff who left after sexual misconduct investigations are likely eligible to begin receiving pension payments in the coming years. Upon being asked why professors often retain their pensions after being found guilty of sexual misconduct, Samantha Norton, CSCU\u2019s Communications Director, referred to Sec. 1-110a of the state\u2019s general statutes. Per the law, state employees can only have their pension revoked or reduced by request of the Attorney General, and after the state employee is found or pleads guilty to a qualifying crime. But state-funded pensions aren\u2019t the only way taxpayers assume costs associated with sexual misconduct investigations, even beyond the work hours of college administrators who handle these matters. An investigation found it was \u201cmore than likely\u201d Delventhal was guilty of sexual misconduct. Delventhal agreed to resign after disputes resulting from the investigation\u2014documents related to the 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 22/30 case which were not provided by CSCU\u2014led to an arbitration case. As part of the agreement issued a $507,625 check to Delventhal and also footed a $17,375 bill for his lawyers. As part of the agreement also promised to obtain a \u201cwithdrawal with prejudice and release of any and all claims made against Delventhal by Brooke Emigh.\u201d Emigh, who was a student in CCSU\u2019s theater program, filed a lawsuit in U.S. District Court alleging the university knew \u201cfor decades\u201d about sexual misconduct in the department. Emigh alleged she suffered \u201csevere and pervasive sexual harassment and emotional abuse\u201d at Delventhal\u2019s hands. She sought an unspecified amount in damages for various types of harm resulting from Delventhal\u2019s alleged treatment of her. The case was dismissed with prejudice in August 2020, days after entered into the stipulated agreement with Delventhal. In several of the cases provided records for, investigators recommend training not just for the faculty member found guilty of sexual impropriety, but for their entire department. The investigation report on Pope\u2019s behavior, which found direct evidence of sexual harassment in five of the six counts against him, recommended not only professional development and Title training of the university policies he\u2019d violated for Pope, but for all staff in the Department of Writing, Linguistics and Creative Processes. It further recommended the department chair and coordinator create public announcements to share Title implications for social gatherings with faculty. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 23/30 In addition to seeking records on sexual misconduct investigations from CSCU, Inside Investigator also submitted requests to UConn and the United States Coast Guard Academy. At the time of publishing, Inside Investigator had not received anything beyond an acknowledgment of those requests. But there are undoubtedly responsive documents to those requests, as other news outlets have documented cases of sexual misconduct at both academic institutions. Unresponsive: UConn and Coast Guard 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 24/30 UConn Professor Guilty of Sexual Misconduct Collects State Benefits 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 25/30 UConn allegedly knew of abuse by Fine Arts professor in 2003 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 26/30 In 2023, the head of the UConn Police Department\u2019s sex crimes unit was demoted and disciplined following allegations he inappropriately touched and made lewd comments around female employees. According to annual data UConn is required to report to the legislature, in 2019, there were thirteen disciplinary investigations related to sexual assault, two related to stalking, and four into intimate partner violence (IPV). Six of those investigations resulted in disciplinary action like expulsion, probation, or suspension. The number of investigations the university conducts each year has fluctuated. There were four investigations in 2020, one of which resulted in probation. In 2021, there were 14 investigations. UConn professor resigns over relationship with student 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 27/30 According to 2022 data, there were seven disciplinary investigations related to sexual assault, one related to stalking, and one related to reported that year. Three of the cases involving sexual assault resulted in a suspension. The stalking case resulted in an expulsion or separation. The case resulted in probation or a written warning. In 2023, there were 10 investigations, with one resulting in expulsion or separation and one resulting in probation or a written warning. The Coast Guard has also been the subject of recent media scrutiny after a congressional subpanel began investigating Operation Foul Anchor, an internal review of sexual misconduct cases that occurred at the Coast Guard Academy between 1990 and 2006. During that period, investigators reviewed 102 reports of rape, sexual assault, and sexual harassment. Shannon Norenberg, the head of the academy\u2019s sexual assault prevention initiative, resigned in June 2024. In a public statement, she alleged the Coast Guard directed her to lie to assault victims and to members of Congress. 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 28/30 Bills addressing how institutions of higher education handle investigations into sexual misconduct and intimate partner violence have made a regular appearance in the legislatures since at least 2020. Many of them are aimed at allowing victims of intimate partner violence who are not students or employees, but whose alleged abusers are, to participate in investigations conducted by institutions of higher education bill to this effect has been introduced in the 2023 and 2024 legislative sessions, and another was recently introduced in the current legislative session. These bills signal that there are known imperfections in how universities handle misconduct investigations. CSCU\u2019s response further highlights this, as a number of faculty found to have violated university policies and committed misconduct were able to retire before potential discipline could be imposed, potentially limiting their ability to collect a publicly funded pension officials\u2019 inability to respond to questions about apparent discrepancies in the records it turned over, as well as UConn and the Coast Guard Academy\u2019s nonresponse, also highlights flaws in how misconduct is handled and also the barriers to increasing transparency around these issues. Access and Accountability 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 29/30 \u00a9 2025 Connecticut Inside Investigator Powered by Newspack Topics on this page 25 2/22/25, 8:03 Partial Record: Sexual Misconduct and Transparency at 30/30"}
8,382	Fred Hayward	University of Wisconsin ‚Äì Madison	[ "8382_101.pdf", "8382_101.pdf" ]	{"8382_101.pdf": "Fred Hayward, dean of the international office, agreed to resign in 1989 as a result of a student's complaint of sexual harassment by Hayward.\" Citation: (April 7, 1993, Wednesday 2 EDITION). Wisconsin State Journal (Madison, WI). Retrieved from com.proxy1.cl.msu.edu/api/document?collection=news&id=urn:contentItem:3SD5- BWX0-0093-Y1VK-00000-00&context=1516831."}
8,919	Daniel Ignacio	California State University - Fullerton	[ "8919_101.pdf", "8919_101.pdf" ]	{"8919_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Substantiated Allegation(s) Outcome Multiple incidents; investigation finalized 2/18/2020 Student Mitchell Hanlon Faculty Respondent engaged in Sexual Violence by giving Complainant unwelcome and pervasive lingering hugs while moaning and sighing and Respondent pressing his body against Complainant's. Employee resigned from his position. Multiple incidents; investigation finalized 2/18/2020 Student Mitchell Hanlon Faculty Respondent engaged in Sexual Violence by engaging in unwelcome physical touching of Complainant including, but not limited to, the following: hugs, squeezing Complainant's leg, rubbing his hands under Complainant's shirt, putting his hands on Complainant's buttocks and kissing Complainant's neck. Employee resigned from his position. Multiple dates during the Fall 2013 semester; investigation finalized 3/1/2016 Student Tyrone Hogenauer Faculty Unprofessional conduct - Respondent entered into a consensual relationship with a student. Notice of pending disciplinary action for dismissal issued and discipline was subsequently imposed effective 3/4/2016. Employee filed for arbitration then settled, but did not sign settlement agreement (voluntary resignation effective 3/4/2016) until 5/25/2018. March 2018 through May 2018 Student Daniel Ignacio Lecturer Unprofessional conduct - Respondent entered into a consensual relationship with a student. Dismissed from the University effective 2/16/2021."}
8,320	Demetrius Semien	Berea College	[ "8320_101.pdf", "8320_102.pdf", "8320_103.pdf" ]	{"8320_101.pdf": "assault/article_93ebb4be-0930-58c5-8f9e-19187be859eb.html College denies responsibility for student assault By Ronica Shannon Register News Writer Apr 1, 2011 Trending Video This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Policy 2/22/25, 8:04 College denies responsibility for student assault \| Local News \| richmondregister.com 1/2 \ue603 See All Events \uf067 Add your event Richmond Register Events 22 23 24 25 26 27 28 1 2 3 4 5 6 \ue600 Comedy That Kills The Mad Axe Sat, Feb 22 Chenault Vineyards presents Rockland Road Chenault Vineyards Sat, Feb 22 DanceBlue Sadie Hawkins Formal Richmond Sat, Feb 22 Nifty Needlers Richmond Mon, Feb 24 Clas Literacy Richmond Tue, Feb 25 \ue601 This website utilizes technologies such as cookies to enable essential site functionality, as well as for analytics, personalization, and targeted advertising. To learn more, view the following link: Privacy Policy 2/22/25, 8:04 College denies responsibility for student assault \| Local News \| richmondregister.com 2/2", "8320_102.pdf": "Monday, April 4, 2011 COLLEGE: This articl was published in the richmond register paper but never on their web site like the one you can find in the above link emailed the editor of this article to ask why is hadn't been published in the richmond register like the one that was published on the 1st of this month. This article put the faculty on the spot for not protecting the victim. Sexual assault victim sues Berea CollegeBy Ronica Shannon Register News Writer Berea College student is suing for $4,000 after being sexually assaulted by a former professor. Berea College was named as the defendant in a suit filed Wednesday in Madison Circuit Court by Tiffany Leigh Pratt. \u201cDr. Demetrius Semien (an instructor of sociology at the college during the 2009-10 academic year) set out to gain the trust and confidence of (Pratt) by volunteering to help her meet her goal of graduating from college and being a role model for her minor son,\u201d the suit reads. \u201cOn March 6, 2010, Dr. Semien convinced ... Pratt to come to his home to study ... Once (Pratt) arrived, Dr. Semien offered her alcohol, which she refused, and after a period of time sexually assaulted the plaintiff,\u201d the suit states. It also claims that Semien informed Pratt that he was a recovering alcoholic who had recently resumed drinking, and that he had problems with previous employment because of his alcohol use. \u201cDefendant, Berea College, performed no investigation or background check on Dr. Semien before hiring him,\u201d the suit reads. Berea College officials said they had not been notified of Pratt\u2019s lawsuit as of Friday afternoon. The suit claims that Pratt took her complaint to Ellen Burke of Berea College Health Services, Sue Reimondo, her former counselor and then to Dreama Gentry, Title VII/Title coordinator. \u201cAfter becoming dissatisfied with Ms. Gentry\u2019s investigative effort, (Pratt) contacted the Berea Police Department,\u201d the suit reads. \u201cSgt. Leeann Boyle ... contacted Ms. Gentry regarding the investigation. After learning of the police investigation from Sgt. Boyle, Ms. Gentry contacted Dr. Semien advising him that an investigation was ongoing.\u201d Berea College ruled that Semien had sexually assaulted Pratt after further investigation, the suit reads. Semien was indicted in August by a Madison grand jury on the charge of first-degree sexual abuse. In January, he pleaded guilty to reduced charges in Madison Circuit Court. As part of a plea agreement, he pleaded guilty to fourth-degree assault, a Class misdemeanor. He originally had been charged with first-degree sexual abuse, a Class felony. Had he been convicted of the original charge, Semien could have been sentenced to up to five years in prison. As part of the agreement, Judge William G. Clouse ordered Semien to commit no further Followers \u25bc \u25bc 2011 (2) \u25bc \u25bc April (2 COLLEGE: This ar... On April 1, 2011 Berea College responded to a laws... Blog Archive anon View my complete profile About Me More Create Blog Sign In 2/22/25, 8:04 COLLEGE: This articl was published in the richmon\u2026 1/2 Older Post Home Subscribe to: Post Comments (Atom) Posted by anon at 6:08 offenses, have no further contact with the victim or her family, attend a 12-step program and pay an unspecified amount of court costs within 90 days. Semien received a sentence of 12 months, which will be probated for two years pending he follows all the terms of the plea agreement. Pratt \u201c... suffered damages in excess of $4,000,\u201d the suit reads. This amount includes past medical bills, future medical bills, lost wages, loss of her power to earn money in the future, mental and physical pain, suffering and anguish, punitive damages and costs related to the litigation. She also requests a jury trial. Ronica Shannon can be reached at [email protected] or 624-6608. Ronica Shannon Register News Writer To leave a comment, click the button below to sign in with Google No comments: Post a Comment Simple theme. Powered by Blogger. 2/22/25, 8:04 COLLEGE: This articl was published in the richmon\u2026 2/2", "8320_103.pdf": "Alumni and community encourage Berea College to improve sexual assault policy Started 4 April 2011 Petition to Berea College Administration Petition Closed This petition had 298 supporters Share this petition Why this petition matters Started by Enchanta Jackson Petition details Comments 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 1/6 April 8, 2011 Dear Friends, Thank you so much for your support, enthusiasm, and time. Your quick action and immediate response to Berea\u2019s statements is helping bolster the efforts of current students to create a climate on campus in which rape and sexual assault can be openly discussed. Wednesday morning the Berea College campus-community received this email: April 6, 2011 Dear Bereans: There is an important matter of considerable concern to our community that want to share with you. Berea College has been sued by a recent graduate in relation to a claim arising from an assault by a former professor. In the suit, Ms. Tiffany Pratt alleges the College was negligent in hiring Professor Demetrius Semien in 2008 and is responsible for damages claimed by Ms. Pratt arising from an incident which occurred while she was visiting Professor Semien\u2019s home during the spring of 2010. The law firm chosen by the College\u2019s insurance company to defend this lawsuit recently filed a legal document known as an \u201cAnswer\u201d responding to the \u201cComplaint\u201d filed by Ms. Pratt\u2019s attorney. This Answer sought to preserve several different defenses including a possible defense that Ms. Pratt\u2019s \u201cconduct was the substantial factor in causing and bringing about the injuries and damages of which she complains . . .\u201d This has been the subject of a local newspaper article, numerous blogs and emails from concerned members of our community. The College had not authorized the inclusion of this \u201cprovocation and conduct\u201d defense and was not aware of the content of the Answer until after it was filed. While the inclusion of any and all potential claims and defenses may be typical practice by lawyers in their court pleadings, it is neither the policy nor intention of Berea College to blame alleged victims of abuse or assault under any circumstances. Our outside lawyers are new to the College and not familiar with Berea\u2019s policy and stance on victim\u2019s rights have asked them to delete this particular defense and this has been done. While the College intends to vigorously defend the actions of its faculty and staff in the hiring of Professor Semien, it has previously condemned the assault and expressed concern for Ms. Pratt. When the incident was reported, College administrators, faculty and staff reacted Share this petition 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 2/6 appropriately to address the situation and investigate the matter. Professor Semien chose to resign and later plead guilty to a misdemeanor assault charge. Since Ms. Pratt\u2019s lawsuit is still pending against the College, we cannot discuss the case further. Over the past several years, the College has placed special emphasis on response to and training on sexual harassment and sexual assault. New student orientation now covers this topic, and new policies and procedures have been adopted to encourage reporting. Training is provided to all College faculty and staff, and new procedures have been adopted for judicial hearings, including special provisions for hearing sexual assault and sexual harassment complaints. Berea continues to be very concerned about the safety and welfare of its students, faculty and staff. Mutual respect and concern for others is at the center of our learning community and the College remains committed to these principles. Sincerely, Larry D. Shinn, President Berea College This is a first step in the right direction. Unfortunately, this is still not a public apology. It does mean that the defense strategy that blamed Ms. Pratt for the assault has been negated and will not be used in court. Which is ultimately is very important and significant. Most importantly, this letter also does not speak to the current sexual assault policy that failed to meet Ms. Pratt's needs. This response, while a start, is insufficient. President Shinn's faith in the current process that handles sexual assault cases is disconcerting, especially in light of Ms. Pratt's experience. According to an article that predates the one attached to the petition( ) following her assault the student went to three separate faculty/staff members who were unable to offer her resolution. Instead she had to consult the police independently, something that should have been encouraged by every staff member she spoke with. Let's work together to demand that Berea revise it's sexual assault policy now. 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 3/6 Berea Alum wrote this in response to the President's letter spread Berea College's name across the world explain the College's unique mission to everyone who shows interest in the institution. My hope is that an unorthodox institution would take an unorthodox position in a sensitive case, such as this one. Unfortunately, their first defense was a grossly insufficient and utterly detestable statement public apology to the greater public, outside of the immediate Berea College Network is overdue am appalled by Berea's half-hearted stance in regard to sexual assault. Future funding and more importantly, the Institution's reputation is, indeed, jeopardized by the seemingly feigned interest Berea has vocalized thus far.\" President Shinn's letter is not a public apology, it is not an acknowledgment of the inadequacies of the current sexual assault policy, and it is not a commitment to making the Berea College Campus safer for everyone. Recently, a past student government leader contacted us to inform us that the student government worked to draft a new sexual assault policy last school year that may address some alumni concerns. Currently, we're working to obtain a copy of the sexual assault policy and inquiring with campus official as to when it will be posted as a resource for students. There are some things you can do to help in addition to signing the petition and sharing the petition with your friends: 1.) If you have ever helped to create sexual assault policy on the Berea College campus please email us at: [email protected] 2.) If you have personal experience with the Berea College sexual assault policy or have been sexually assaulted or domestically abused on the Berea College campus and do not mind sharing your story (you can remain anonymous). please contact us at: [email protected] 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 4/6 3.) If you are still a student at Berea College and you're currently working on addressing the issue of rape and sexual assault on campus please let us know how we can support you: [email protected] 4.) If you have any questions, concerns, or suggestions for how we should proceed, please contact us: [email protected] Be well! Campusrape.org Richmond Register article the prompted the petition: student-assault Share this petition in person or use the code for your own material. Download Code Report a policy violation Decision-Makers Berea College Administration 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 5/6 Change.org Education Alumni and community encourage Berea College to improve sexual assault policy Company About Impact Careers Team Community Blog Community Guidelines Support Help Guides Privacy Terms Cookie Policy Manage Cookies Connect Facebook English (United Kingdom) \u00a9 2025, Change.org This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2/22/25, 8:04 Petition \u00b7 Alumni and community encourage Berea College to improve sexual assault policy - United States \u00b7 Change.org 6/6"}
7,321	Robert L. Davis	Eastern Oregon University	[ "7321_101.pdf", "7321_102.pdf" ]	{"7321_101.pdf": "Lawsuits allege rapes by college administrator Sun., July 30, 2006 Associated Press The Spokesman-Review GRANDE, Ore. \u2013 An Eastern Oregon University professor and student are seeking more than $100 million each in lawsuits alleging they were raped by a university administrator. The attorney for the administrator denies the charges made by the female plaintiffs. The women are suing Robert Davis, 41, director of undergraduate studies. The university and the State Board of Higher Education are also named in the suits. The complaints say Davis raped the two women on successive nights while at an education conference in Atlanta in February. One plaintiff said she did not file a criminal complaint in Georgia. It was not clear if the other did. Both say Davis forced himself on them after they\u2019d fallen unconscious, possibly after being drugged. Both said they woke up during the attack and were unable to fight back. The university has put Davis on paid administrative leave during the investigation. Officials said the school could not discuss the case further. Davis was promoted to the newly created position of director of undergraduate studies last year after serving as an English professor since 1994. Washington Idaho > Menu Search News Sports Business Weather 2/22/25, 8:04 Lawsuits allege rapes by college administrator 1/3 Philip Wasley, attorney for Davis, said the charges are untrue. One suit seeks $100.8 million in damages, the other $107.5 million. The suits allege sex discrimination, sexual harassment, intentional infliction of severe emotional distress; hostile work environment, unlawful employment practices, negligent retention, training and supervision, negligence, and battery. 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. Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Active Person 2/22/25, 8:04 Lawsuits allege rapes by college administrator 2/3 Sign up 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, 8:04 Lawsuits allege rapes by college administrator 3/3", "7321_102.pdf": "From Casetext: Smarter Legal Research Johnson v. Or. State Bd. of Higher Educ. Court of Appeals of Oregon. Aug 12, 2015 272 Or. App. 710 (Or. Ct. App. 2015) Copy Citations Download Check Treatment Delegate legal research to CoCounsel, your new legal assistant. Try CoCounsel free 060743798 A153477. 08-12-2015 Marla JOHNSON, Plaintiff, v EDUCATION, Eastern Oregon University, a public university ; and Robert Davis, Defendants. Robert Davis, Cross\u2013Complainant\u2013Appellant, v. Eastern Oregon University, a public university ; and Oregon State Board of Higher Education, Cross\u2013Defendants\u2013Respondents. Sign In Search all cases and statutes... Opinion Case details 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 1/11 ORTEGA, P.J. Philip M. Wasley, La Grande, argued the cause for appellant. With him on the briefs was Wasley Law Office, PC. Cody J. Elliott, Portland, argued the cause for respondents. With him on the brief were Heather K. Cavanaugh, P.C., and Miller Nash LLP. 308 308 Philip M. Wasley, La Grande, argued the cause for appellant. With him on the briefs was Wasley Law Office, PC. Cody J. Elliott, Portland, argued the cause for respondents. With him on the brief were Heather K. Cavanaugh, P.C., and Miller Nash LLP. Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge. Opinion ORTEGA, P.J.712 Cross-complainant Davis appeals a judgment entered after the trial court denied his motion for partial summary judgment and granted a motion for summary judgment by cross-defendants Eastern Oregon University and the Oregon State Board of Higher Education (collectively, the state). Both motions turned on the issue of whether alleged acts by Davis, particularly an alleged rape, occurred in the performance of his duties as an employee of Eastern Oregon University (EOU). The court ruled that Davis was not entitled to a defense under the Oregon Tort Claims Act (OTCA) as a matter of law. We agree with the trial court that the underlying claims all related to Davis's sexual conduct with a coworker, and, as a matter of law, could not constitute an act or omission occurring in the performance of duty. Therefore, we affirm the grant of summary judgment to the state and the denial of partial summary judgment to Davis. 712 In appeals involving cross-motions for summary judgment, we review the record for each motion in the light most favorable to the party opposing it. Eden Gate, Inc. v Excavating & Trucking, Inc., 178 Or.App. 610, 622, 37 P.3d 233 (2002). The parties quibble about the facts but, except where indicated, the facts necessary to resolve the question of whether Davis, an 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 2/11 employee, was entitled to a state defense in a civil action brought by another employee are undisputed. Plaintiff in the principal suit sued Davis for sex discrimination, battery, and intentional infliction of emotional distress, all based on allegations that he had raped her while they attended a conference in Atlanta, Georgia. Davis admitted that a sexual encounter had taken place but claimed that it was consensual. At trial, a jury found that Davis was not liable on all claims and, with the principal claims resolved, this appeal concerns only the question of whether the state has a duty to indemnify Davis for defense costs. The factual circumstances underlying plaintiffs tort claims are as follows. Davis and plaintiff attended the Atlanta conference 309 as part of their work duties. After conference activities had concluded for the day, Davis, plaintiff, and two other employees went out to dinner, where they 713 consumed alcoholic beverages and then went to a nightclub for an evening of dancing and drinking. Afterwards, all four employees returned to the hotel. Plaintiff was very inebriated and, after some discussion, Davis offered to bring her to his room to take care of her. At some point between 2:00 a.m. and 4:00 a.m., there was a sexual encounter between Davis and plaintiff, which Davis claims was consensual. 309 713 Plaintiff filed a lawsuit against Davis, EOU, and the Oregon State Board of Higher Education, alleging three different claims against Davis, including allegations that Davis was \u201cacting within the course and scope of his duties as an employee of [d]efendant EOU.\u201d All three claims, along with seven claims against the other defendants, arise out of the same factual allegations \u2014specifically, that Davis raped plaintiff while they were at the conference in Atlanta and that and its administrators treated plaintiff poorly in the aftermath of those allegations. The common factual allegations also include the assertion that did not remove Davis from campus until more than a month after being notified of the alleged rape and that his employment activities included meetings where plaintiff would be present. However, plaintiff does not allege any conduct by Davis after the alleged rape; his presence in meetings appears to relate to plaintiffs claims that failed to protect her from further harassment by Davis. 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 3/11 Davis sought counsel from the Attorney General to provide him with a defense against plaintiffs claims under 30.285, as we explain further below. After investigating the matter, the Attorney General denied his request, concluding that \u201cthe claims asserted against * * * Davis do not arise out of alleged acts or omissions occurring in the performance of duty.\u201d Davis then asserted cross-claims for indemnity against the state arising out of the denial of his defense request. After all defendants prevailed on the principal claims, Davis moved for summary judgment on his cross-claims against the state, arguing that he was entitled to a defense because plaintiff had alleged that his acts had occurred in the performance of his employment duties. The 714 state filed a cross-motion for summary judgment on those claims, contending that Davis had offered no facts to establish that plaintiffs claims \u201cin fact arose out of an alleged act or omission occurring in the performance of duty,\u201d as 30.285 requires. The trial court denied Davis's motion and granted the state's cross-motion, concluding that \u201cas a matter of law [Davis] was not entitled to the defense\u201d because \u201chaving sexual intercourse with somebody is not within the performance of anybod[y's] duty in their role on the [EOU] faculty.\u201d 1 714 1 30.285 requires the state to defend its employees for tort claims \u201carising out of an alleged act or omission occurring in the performance of duty.\u201d Davis assigns error to the court's denial of his motion for partial summary judgment and grant of the state's cross-motion for summary judgment. \u201cEach party moving for summary judgment has the burden of demonstrating that there are no genuine issues of material fact,\u201d McKee v. Gilbert, 62 Or.App. 310, 321, 661 P.2d 97 (1983), and that the moving party is entitled to judgment as a matter of law. Eden Gate, Inc., 178 Or.App. at 622, 37 P.3d 233. We review an order granting summary judgment for legal error. Ellis v. Ferrellgas, L.P., 211 Or.App. 648, 652, 156 P.3d 136 (2007). Davis seeks to enforce the state's duty to defend its employees under the 30.260 to 30.300 30.285(1) provides: \u201cThe governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 4/11 elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty. \u201d (Emphasis added.) In relevant part 30.285(3) provides: \u201cIf any civil action, suit or proceeding is brought against any * * employee * * * which on its face falls within the provisions 310 310 of subsection (1) of this section, or which the * * employee * * * asserts to be based in fact upon an alleged act or omission in the performance of duty, the * * * employee * * * may * * * file a written request for counsel with the Attorney General. The Attorney General shall thereupon appear and defend the officer, employee or agent unless after investigation the Attorney General finds that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, * * * in which 715 715 case the Attorney General shall reject the defense of the claim.\u201d (Emphasis added.) Davis argues that, because the parties and the nature of the complaint conform to the requirements of 30.285, he was entitled to the state's defense. He contends that the trial court erred in focusing on whether the sexual conduct occurred within the performance of duty, pointing to allegations that he created a hostile work environment, that he had a history of sexual harassment, that he was in a position with access and control over plaintiff, and that he was present at meetings with her for about a month after the alleged battery occurred. He emphasizes that, in his view, it is enough that plaintiff alleged that his actions were in the performance of duty, whether or not they actually were, citing 30.285(1) (requiring the public body to defend against any tort claim, \u201cwhether groundless or otherwise\u201d arising out of an \u201calleged\u201d act or omission occurring in the performance of duty). 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 5/11 In response, the state argues that the trial court correctly concluded as a matter of law that Davis was not entitled to a state-provided defense because plaintiffs tort claims against him did not arise out of an act or omission occurring in the performance of duty. The state points out that 30.285(3) provides that, if the Attorney General finds, after investigation, that the alleged act did not arise out of an alleged act or omission occurring in the performance of duty, then the Attorney General is directed to reject the employee's defense request. Although 30.285(5) allows the employee to challenge the Attorney General's rejection of the defense by establishing that the underlying tort claim \u201cin fact arose out of an alleged act or omission occurring in the performance of duty,\u201d Davis submitted no evidence 716 to create an issue of fact that his sexual encounter with plaintiff occurred in the performance of duty. Accordingly, the state argues, the trial court did not err in granting the state's cross- motion for summary judgment and denying Davis's motion. The state further contends that neither plaintiffs allegation that Davis acted in the performance of duty nor her subjective belief that Davis was acting in the performance of duty because \u201ca conference is a conference from the minute you get on the plane until the minute you get home\u201d and because Davis was \u201cthe administrator in charge of the conference\u201d created an issue of fact to avoid summary judgment. 2 716 2 30.285(5) provides, in part: \u201cIf the Attorney General rejects defense of a claim under subsection (3) of this section or this subsection, * * * [s]uch action by the Attorney General shall not prejudice the right of the * * * employee * * * to assert and establish * * * that the claim * * * in fact arose out of an alleged act or omission occurring in the performance of duty, * * * in which case the * * * employee * * * shall be indemnified against liability and reasonable costs of defending the claim * * .\u201d 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 6/11 As a preliminary issue, we agree with the state that plaintiff's allegation that Davis was acting within the course and scope of his duties as an employee did not establish that the state had a duty to defend him 30.285(3) plainly states that, when an action \u201con its face\u201d falls within the provisions of 30.285(1), the employee's right to \u201cfile a written request for counsel with the Attorney General\u201d is triggered. The Attorney General then is required to defend the employee \u201cunless after investigation the Attorney General finds that the claim or demand does not arise out of an alleged act or omission occurring in the performance of duty, * * in which case the Attorney General shall reject defense of the claim 30.285(3). The employee may then challenge that decision in a proceeding under 30.285(5), where the employee may \u201cassert and establish\u201d that the claim \u201cin fact\u201d arose out of an alleged act 311 occurring in the performance of duty. Therefore, based on the statute's text, plaintiff's allegations alone are insufficient to establish the legal conclusion that plaintiff's claims arose out of actions that Davis took in the performance of duty; Davis must establish, \u201cin fact,\u201d that plaintiff's claims against him \u201caris[e] out of an alleged act or omission occurring in the performance of duty 30.285(1, 3, 5). 311 We have not yet directly addressed what constitutes an \u201calleged act or omission occurring in the performance of duty\u201d for purposes of the state's duty to defend under 30.285. However, we previously have equated the concept of \u201cscope of employment\u201d with the required inquiry regarding \u201cperformance of duty\u201d under 30.285(1), noting that 717 30.265(1) sets out the general scope of the * * .\u201d City of Tualatin v. City\u2013County Ins. Services Trust, 129 Or.App. 198, 204, 878 P.2d 1139 (1994) (describing the issue in terms of whether \u201cthe tort arose from an act within the scope of employment or performance of duty\u201d); see also Howell v. Boyle, 353 Or. 359, 376, 298 P.3d 1 (2013) (\u201cunder 30.265(1) and 30.285(1), the city remains liable for the torts of its employees committed within the scope of employment\u201d); Durham v. City of Portland, 181 Or.App. 409, 418, 45 P.3d 998 (2002) (under 30.285, a tort claim against a public employee for acts that occurred within the scope of employment must be brought solely against the public body 30.265(1) provides that, \u201c[s]ubject to the limitations of 30.260 to 30.300, every public body is subject to action or suit for its torts and those of its officers, employees and agents acting within 717 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 7/11 the scope of their employment or duties * .\u201d Accordingly, we begin by examining the law concerning \u201cscope of employment\u201d as an aid to establishing whether the alleged acts that formed the basis of plaintiffs claims against Davis occurred in the \u201cperformance of duty.\u201d In order to determine whether an employee was acting within the scope of employment, three issues must be examined: \u201c(1) whether the act occurred substantially within the time and space limits authorized by the employment; (2) whether the employee was motivated, at least partially, by a purpose to serve the employer; and (3) whether the act is of a kind which the employee was hired to perform.\u201d Chesterman v. Barmon, 305 Or. 439, 442, 753 P.2d 404 (1988). \u201cWhether a particular act is within the scope of employment is to be decided on its own particular facts and circumstances by the trier of fact, but summary judgment is appropriate when only one reasonable conclusion can be drawn from the facts.\u201d Brungardt v. Barton, 69 Or.App. 440, 443, 685 P.2d 1021 (1984). We agree with the state that all three claims against Davis arose out of one alleged act, Davis's sexual encounter with plaintiff; no other allegations of Davis's actions in the complaint support plaintiff's claims against Davis. The facts recited in the complaint describe only the events that led to plaintiff being in Davis's hotel room, where she alleges that he raped her. Her claim against Davis for sex discrimination 718 then includes only legal conclusions without any additional facts. Her battery claim against Davis refers only to the alleged rape, alleging that he \u201cbrutally rap[ed] her\u201d and that she \u201cdid not consent\u201d and was \u201ceither unconscious or physically unable to move.\u201d She did not allege any additional conduct by Davis in support of her claim for intentional infliction of emotional distress. 718 The other allegations against Davis included in the complaint, such as the allegation of previous complaints against him for sexual harassment and that he was present at meetings with plaintiff for another month after defendants had been notified of the alleged rape do not support plaintiffs claims against Davis; rather, those allegations, if anything, support her claims that the other 312 defendants failed to adequately protect her from him. 3 4 312 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 8/11 3 Plaintiff alleged that \u201cprevious complaints had been made to against * * Davis alleging sexual harassment and sexual misconduct.\u201d 4 Plaintiff alleged that, after the state was notified that Davis had raped her \u201cdid not remove * * * Davis from the campus until more than a month later\u201d and \u201cpermitted him to continue in his normal employment activities including meetings where [plaintiff] would be present.\u201d -------- All that remains is the allegation that Davis raped plaintiff during an encounter in his hotel room in the middle of the night. At trial, Davis testified that the sexual encounter was consensual. When we apply the Chesterman test to the sexual encounter in question, we conclude that, even if consensual, it could not be considered an action taken in the course and scope of Davis's employment and in the performance of duty as a matter of law. To begin with the third Chesterman factor, as an administrator, Davis was not hired to engage in sexual conduct with other employees. Further, addressing the second factor, there is no evidence that Davis, in engaging in sexual conduct with plaintiff, was motivated by a purpose to serve EOU. Finally, we reject Davis's argument that the entire conference in Atlanta, from the time the plane departed Oregon, to the time the plane returned to Oregon, was an employment activity and, consequently, the middle-of-the- night sexual conduct \u201coccurred substantially within the time and space limits authorized by the employment\u201d (the 719 first Chesterman factor). In the context of sexual assault cases, the Supreme Court has explained that it is not sufficient to show that the employment merely \u201cbrought the tortfeasor and the victim together in time and place and, therefore, gave the tortfeasor the \u2018opportunity\u2019 to commit the assault[ ].\u201d Fearing v. Bucher, 328 Or. 367, 377, 977 P.2d 1163 (1999). Instead the plaintiff must prove the three Chesterman requirements, id., and in all such cases where vicarious liability has been imposed, it was because the assault was connected to a relationship of trust that benefitted the employer. See, e.g., id. (where allegations that the defendant priest, operating in the role of spiritual guide, priest, youth pastor and mentor to plaintiff, became close to him and used his position of trust 719 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 9/11 to spend large periods of time alone with plaintiff, physically touch plaintiff and ultimately, gain the opportunity to sexually assault plaintiff, provided a basis for a jury reasonably to infer that the priest's \u201cperformance of his pastoral duties with respect to plaintiff and his family were a necessary precursor to the sexual abuse and that the assaults thus were a direct outgrowth of and were engendered by conduct that was within the scope of [the priest's] employment\u201d); Lourim v. Swensen, 328 Or. 380, 386\u201387, 977 P.2d 1157 (1999) (concluding that all three Chesterman requirements were met where a Boy Scout leader used his position to cultivate trust, which enabled him to gain the opportunity to sexually assault the plaintiff). Here, both Davis and plaintiff are adults and, although he was senior to her in the academic hierarchy, Davis was not plaintiff's supervisor. Without more evidence to indicate that the sexual encounter was connected to Davis's performance of his job duties, Davis has presented an insufficient basis for imposing a duty on the state to defend under 30.285 for a sexual encounter that occurred in the middle of the night between two employees attending a work conference. The public policy underlying the statute further bolsters our conclusion. Before the enactment of the OTCA, the state enjoyed absolute immunity from tort liability. Smith v. Pernoll, 291 Or. 67, 69, 628 P.2d 729 (1981 30.285 was designed \u201cto eliminate the ground for concern by public employe[e]s that they can be held liable for a good faith 720 failure to use reasonable care.\u201d Stevenson v. State of Oregon, 290 Or. 3, 12, 619 P.2d 247 (1980). Furthermore, the policy underlying the statute is meant to \u201cencourage qualified persons to accept public employment\u201d and \u201cencourage the zealous execution of public functions, duties, and responsibilities.\u201d Welker v. TSPC, 152 Or.App. 190, 198, 953 P.2d 403 (1998). The purpose of the state's limited acceptance of liability for its employees' torts was to eliminate concern that the prospect of personal liability \u201cmight dampen the ardor of public employe[e]s in the performance of their duties[.]\u201d Stevenson, 290 Or. at 13, 619 P.2d 247. In this case, the state's refusal to indemnify Davis for an action arising from his sexual conduct with another employee is unlikely to discourage qualified persons from accepting public employment or discourage public employees from zealously performing their duties. Davis's conduct was not a \u201cgood faith failure to use reasonable care\u201d in *313 720 313 2/22/25, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 10/11 performing the duties he was hired to do, but rather a private act. See Stevenson, 290 Or. at 12, 619 P.2d 247. Because plaintiff's tort claims against Davis all arise out of an act\u2014Davis's sexual encounter with plaintiff\u2014that did not occur in the performance of duty, we conclude that the trial court did not err in concluding that the state had no obligation to defend him. Affirmed. 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, 8:05 Johnson v. Or. State Bd. of Higher Educ., 272 Or. App. 710 \| Casetext Search + Citator 11/11"}
8,912	Charlie Bialowas	California State University - Fullerton	[ "8912_101.pdf", "8912_101.pdf" ]	{"8912_101.pdf": "Date(s) of Incident Complainant Status Respondent Name Respondent Position Summary of Substantiated Allegation(s) Outcome Multiple dates between March 2015 through October 2016; investigation finalized on 6/7/2017 Faculty Charlie Bialowas Faculty Respondent found responsible for Sexual Harassment. Employee resigned from his position 2/4/2018. March 29, 2019 Student Kwang-Ping (Patricia) Cheng Faculty Respondent didn't hire Complainant due to his disability issued 2/14/2020. Multiple dates during the 2010- 2011 Academic Year; investigation finalized on 4/6/2017 Staff Jim Feagin Faculty Respondent found responsible for Sexual Harassment issued on 5/23/2017."}
7,554	Robert Haufrech	School of Visual Art	[ "7554_101.pdf" ]	{"7554_101.pdf": "News School of Visual Arts Removes Two Professors Accused of Improper Behavior The instructors, both from the film and animation department, were the subjects of recent complaints filed by students. Benjamin Sutton May 8, 2018 The exterior of a School of Visual Arts building on 21st Street in Manhattan (photo by Beyond My Ken, via Wikipedia) Two instructors in the film and animation department at the School of Visual Arts (SVA) were removed this semester, the New York Times reports, following students\u2019 complaints of inappropriate behavior. The employment of Roy Frumkes, an actor, writer, director, and longtime professor at the school, was terminated after student complaints led to an investigation that concluded he had violated the terms of SVA\u2019s sexual misconduct policy. Frumkes is appealing the decision. \u00a9 2025 Hyperallergic Roy Frumkes in a 2009 interview (screenshot via YouTube) In a complaint cited by Times reporter Colin Moynihan, student Dominique Machain said that when Frumkes was her narrative writing professor in 2016 (she was a freshman at the time), he graphically described a sexual encounter at his apartment with another student to her. He then added that, if she wanted a recommendation, she should visit him at home almost felt paralyzed,\u201d Machain told the Times. She and another student, Sofia Zarul Azham, went to file complaints with the school\u2019s Title office earlier this year after realizing they had had similar experiences with Frumkes responds to sexual misconduct complaints swiftly, investigates them thoroughly and resolves them in accordance with local, state and federal laws,\u201d says a statement sent to Hyperallergic by an spokesperson. \u201cComplaints that are currently under internal investigation cannot be commented on per the privacy requirements provided by Title to the parties involved.\u201d At least one former student, Courtney Wilder, said she had complained about Frumkes\u2019s behavior nearly 20 years ago, but that nothing ever came of it. \u201cIt really shook my confidence as a young woman,\u201d she told the Times, \u201cwhat people see as your value and who you can trust.\u201d The other instructor, actor and acting teacher Robert Haufrecht, was suspended in March after unspecified concerns were raised by students, and his contract will not be renewed. On student in Haufrecht\u2019s acting class, Ashley Priessnitz, complained after he began showing her unwanted attention and calling on her to practice suggestive scenes in class. \u201cThe College is firmly committed to the rights of all members of its community \u2014 students, faculty and staff \u2014 who must interact through mutual respect and trust to ensure that the campus remains a center of learning,\u201d SVA\u2019s statement continued. \u201cAny student, faculty or staff member who violates College policy by subjecting another to discrimination or harassment of any kind (including sexual discrimination and harassment) will be subject to appropriate disciplinary action, including immediate expulsion from the College or termination of employment.\u201d"}
8,626	Adam Heller	University of Texas ‚Äì Austin	[ "8626_101.pdf" ]	{"8626_101.pdf": "professor was fired for kissing a colleague on the lips. He says it never happened. Madlin Mekelburg Published 3:07 p.m Nov. 12, 2020 Adam Heller, a longtime engineering professor at the University of Texas, was fired over the summer after allegedly kissing a colleague on the lips \u2014 a kiss Heller\u2019s attorney argues never happened. The case is an early test of a new sexual misconduct policy and comes amid a broader discussion on campus over how handles such accusations summary of the incident released by the university to the American-Statesman in response to a request under the Texas Public Information Act describes the interaction from mid- January, stating that Heller reportedly grabbed his colleague\u2019s hand and \u201cstated how nice it was to hold; rubbed his fingers up (her) sleeve and touched her elbow, and placed his hand on the back of (her) head and kissed her on the lips.\u201d The woman later described the incident to other people, who told investigators that she \u201cappeared very upset and emotional,\u201d according to the university summary. The woman\u2019s identity has not been made public. But Heller\u2019s attorney Tom Nesbitt said the interaction was a misunderstanding, and Heller never kissed the woman on the lips, but rather kissed her on the cheek by way of greeting. Heller, an 87-year-old Holocaust survivor who originally is from Romania, has won numerous awards for his chemical engineering work, including the 2007 National Medal of Technology and Innovation awarded by President George W. Bush. He is the Ernest Cockrell, Senior Chair in Engineering Professor Emeritus, a title he retains after being fired as a research professor. 2/22/25, 8:06 professor was fired for kissing a colleague on the lips. He says it never happened. 1/4 By firing Heller, Nesbitt said the university is trying to make an example of his client, \u201cinstead of focusing on what is fair to both employees handled this situation like it was only trying to send a message,\u201d Nesbitt said in an email. \u201cAdam Heller was an easy target. He is 87 years old and deaf. Since he is a retired faculty member who was not even on the university\u2019s payroll, the university did not have to give him a hearing and an opportunity to be judged by his peers or the provost had only to investigate the matter without affording him due process and make an example of someone. That is precisely what they did.\u201d When asked about Nesbitt\u2019s characterization of the university\u2019s actions, Joey Williams, spokesman for the office of the executive vice president and provost on campus, said officials followed the university\u2019s long-standing practice of investigating all accusations of misconduct. \u201cWhen an investigation finds a policy has been violated, appropriate disciplinary steps are taken,\u201d Williams said. New policy has made changes to how it handles allegations of sexual misconduct after student protests last year, including adopting a new policy requiring any faculty or staff member to be fired if they are found after an investigation to have committed sexual assault, harassment, stalking or interpersonal violence. Heller\u2019s termination was not announced publicly by the university, but it was a statistic in a report released last month from the Title coordinator on campus, the office responsible for handling complaints about discrimination based on gender and reports of sexual misconduct or violence. The report detailed every instance a university employee reported witnessing or receiving information about possible sexual harassment, assault, dating violence and stalking \u2014 a new requirement under a state law adopted last year aimed at improving transparency surrounding rape and sexual violence on college campuses. Of the more than 1,000 employee reports received by the university, two so far have resulted in disciplinary action, including in Heller\u2019s case. 2/22/25, 8:06 professor was fired for kissing a colleague on the lips. He says it never happened. 2/4 In the other case, an unidentified employee was \u201cfound responsible for failing to report sexual harassment\u201d and was required to receive counseling. Heller investigation Officials at UT\u2019s Office for Inclusion and Equity investigated claims that Heller kissed his colleague and determined that he violated university policy that prohibits sexual assault, interpersonal violence, stalking, sexual harassment and sex discrimination. After reviewing the findings of the investigation, Interim Provost Dan Jaffe terminated Heller\u2019s affiliation with the university as a research professor and barred him from visiting campus or attending gatherings there without written permission from the dean of engineering. Heller also was prohibited from serving as the sole supervisor for students or staff and is not allowed to be employed by the university at any point in the future. In a letter to university officials after Heller\u2019s termination, Nesbitt denied many findings of the investigation, including that Heller kissed his colleague on the lips. The letter included a direct response to the allegation from Heller, who wrote grew up in Eastern Europe. Throughout my life \u2014 with friends, and colleagues have been physically affectionate: both to males and to females. Non-sexual hugging and kisses and gentle joking \u2014 with men and women \u2014 have been a part of my manner of expressing affection, appreciation, and friendship. But this episode has been a big wake-up for me. Even though intended nothing sexual and nothing offensive understand that (the woman) has interpreted my conduct so very differently than had intended; and (although did not then appreciate this understand that it was unwelcome to her.\u201d He continued: \u201cThis will not happen again will be especially cautious to avoid such conduct in the future, except with personal friends unaffiliated with the university apologize to (the woman) for the distress caused her, and to the university for having to undergo this investigative process.\u201d Nesbitt requested that university officials reconsider the disciplinary measures handed down and instead opt for an \u201cinformal resolution\u201d of the issue, considering Heller\u2019s apology and a commitment not to repeat his actions. This request was denied. In a letter to Heller, Sharon Wood, dean of the Cockrell School of Engineering, said she reviewed the findings of the investigation with his feedback in mind, 2/22/25, 8:06 professor was fired for kissing a colleague on the lips. He says it never happened. 3/4 but determined that the appropriate actions were taken by the university. \u201cWhile do believe that you did not intended (sic) to harass the complainant, your conduct, as documented in OIE\u2019s report dated 25 June 2020, represents a failure to meet the professional and ethical standards to which the university holds members of its faculty in their interactions with members of the university community,\u201d she wrote. Wood declined to discuss specifics of the case, including Nesbitt\u2019s claim that the university was making an example of Heller. \u201cSituations like this prove that even the most celebrated researchers need to be held accountable, however, in my direct experiences, Adam has demonstrated professionalism and respect,\u201d Wood said in an email. \u201cHis discoveries and innovations have improved the lives of millions of people around the world.\u201d 2/22/25, 8:06 professor was fired for kissing a colleague on the lips. He says it never happened. 4/4"}
7,353	Lorne Wolf	Georgia Southern University	[ "7353_101.pdf", "7353_102.pdf", "7353_103.pdf" ]	{"7353_101.pdf": "v (2016) Supreme Court of Georgia v et al. S16A1201 Decided: November 21, 2016 In 2014, Brooks A. Keel, the president of Georgia Southern University, terminated the employment contract of tenured professor Lorne Wolfe for violation of University policies, and the Board of Regents of the University System of Georgia denied Wolfe's application for review of his termination. Wolfe then filed a complaint for breach of contract and mandamus against the Board and Keel in the Superior Court of Fulton County, seeking reinstatement and other relief. The superior court granted the Board's motion for summary judgment, and Wolfe filed a notice of appeal directed to this Court. As explained below, this appeal falls within \u00a7 5-6-35 (a) (1), and an application to appeal was therefore required. Because Wolfe did not file a discretionary application, this Court lacks jurisdiction to consider the merits of his case. Accordingly, we dismiss the appeal. 1. In October 2013, Wolfe was a tenured professor at Georgia Southern University. His annual contract with the University specified that \u201c[t]his agreement is made expressly subject to the applicable state and federal laws and to the statutes and regulations of this institution and to the Bylaws and Policies of the Board of Regents.\u201d The University and the Board had policies against sexual and workplace harassment 1 and disruption of University activities,2 violation of which could lead to termination. On the morning of October 16, 2013, E.J., a female graduate student in Wolfe's department, and D.M., a male graduate student, were in a break room when E.J. spilled hot coffee on her shirt and shouted. She was looking around for a towel to dry off when Wolfe walked into the break room. He asked what \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/22/25, 8:06 v (2016) \| FindLaw 1/15 happened, and E.J. replied that she spilled hot coffee on herself. Wolfe said to her, \u201cIt's okay; you can dry your breasts off in front of me,\u201d and then sat down; according to Wolfe, he knew E.J. only from seeing her around the department and had spoken to her less than a handful of times. E.J. gave Wolfe a look to let him know that his comment was unwelcome, and Wolfe said, \u201cWell, f*k you then.\u201d As E.J. gathered her things to leave, Wolfe turned to D.M. and said, \u201cWho are you scoring with? Undergrad? Grad? Is it [E.J.]? She's loose. She's hot; now her breasts are hot.\u201d E.J. left the break room and was unable to work for the rest of the day because she was so distraught over Wolfe's conduct. E.J. filed a sexual harassment complaint against Wolfe with the University's director of diversity services. The director interviewed E.J., D.M., and Wolfe, reviewed Wolfe's personnel file, and concluded that Wolfe had created a hostile environment for E.J. in violation of University policy. On October 18, the director sent his investigation report to the University's provost, with a copy to Wolfe. After several emails from Wolfe to the provost, in which Wolfe pleaded for one more chance to correct his behavior, the provost's assistant sent Wolfe an email on October 22 to arrange a meeting. Wolfe then called the provost's office, and the provost's assistant, who was female, answered the phone. After a few pleasantries, the assistant said guess you're calling me because of the email just sent you.\u201d Wolfe replied, \u201cNo called you to find out what you're wearing.\u201d The assistant was shocked by Wolfe's comment and reported it to the provost. On October 24, the provost met with Wolfe to seek a resolution of the situation. On October 29, the provost sent Wolfe a letter saying that she agreed with the director's findings and that she had received notification from Wolfe's attorney that Wolfe did not intend to resign. The letter informed Wolfe that he was on unpaid administrative leave effective immediately and that the provost was assembling a faculty committee to conduct an informal inquiry pursuant to Board of Regents policy. On November 19, that committee recommended that proceedings be undertaken to terminate Wolfe. Wolfe then requested a formal statement of the charges against him and a formal hearing before a faculty hearing committee. On December 13, 2013, the provost sent Wolfe's counsel a formal statement of the charges, which alleged that Wolfe has engaged in \u201cdisruption of \u2024 teaching, research, administrative, disciplinary, public service, or other authorized activity\u201d by creating a hostile environment based on sexual harassment in violation of University Policy and applicable law. In addition, Dr. Wolfe has exhibited a pattern of inappropriate interaction with others, which behavior has continued despite multiple training sessions and despite Dr. Wolfe's own expressions of recognition and regret.3 The formal evidentiary hearing took place over the course of two days in April 2014. On May 7, the faculty hearing committee submitted its report, which recommended against Wolfe's immediate termination, in part because the committee did not find that the one incident involving \u201cconstitute[d] 2/22/25, 8:06 v (2016) \| FindLaw 2/15 creation of a hostile environment.\u201d Instead, the committee recommended that Wolfe be demoted and that his salary be cut, among other sanctions. On May 12, the University's president, Brooks A. Keel, wrote to the faculty hearing committee to explain why he disagreed with its recommendations and intended to terminate Wolfe. On May 19, Keel notified Wolfe by letter of his termination for cause, concluding have reviewed the Committee's work and find the following charges sustained: violation of the University's Policy Prohibiting Sexual Harassment and policy entitled, \u201cHarassment in the Workplace\u201d; and a pattern of inappropriate interaction with others, which behavior has continued despite multiple training sessions \u2024 and expressions of recognition and regret. Wolfe then sought review of Keel's decision by the Board of Regents. On August 20, 2014, the Board sent Wolfe a letter declining his application for review and advising that \u201c[t]his is the final action to be taken by the Board in this case.\u201d On September 16, 2014, Wolfe filed a complaint for breach of contract and mandamus against the Board and Keel in the Superior Court of Fulton County, seeking reinstatement as well as well as damages, attorney fees, and other relief. Discovery ensued, and the parties filed cross-motions for summary judgment. On November 23, 2015, the superior court entered an order denying Wolfe's motion and granting summary judgment in favor of the Board and Keel. The order was based on a detailed review of the grounds Keel gave for his decision and whether that decision was consistent with University and Board policies. On December 3, 2015, Wolfe filed a notice of appeal directed to this Court. On April 18, 2016, we dismissed Wolfe's direct appeal based on his failure to file an application to appeal, explaining in an unpublished order that the decision of the superior court involved the review of a decision of a state administrative agency (the Board), and that Wolfe therefore was required to apply for a discretionary appeal under \u00a7 5-6-35 (a) (1). Wolfe filed a motion for reconsideration, which we granted, reinstating the appeal and directing the parties to address the appellate jurisdiction issue. They did so in their briefs and at oral argument on September 13. Having considered their arguments carefully and with the benefit of our recent decision in State of Georgia v. International Keystone Knights of the Ku Klux Klan, 299 Ga. 392 (788 SE2d 455) (2016) (Keystone Knights), we now reach the same conclusion as we did originally. 2 \u00a7 5-6-35 (a) (1) requires an application to appeal \u201cfrom decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings.\u201d4 In Keystone Knights, we provided additional guidance on how to determine what is a \u201cstate administrative agency\u201d under \u00a7 5-6-35 (a) (1), what is an agency \u201cdecision\u201d for purposes of the 2/22/25, 8:06 v (2016) \| FindLaw 3/15 statute, and what constitutes a review by a superior court of an agency decision. We will apply that guidance to the appeal before us now. (a) To begin with, it is clear that the Board of Regents is a state administrative agency for purposes of \u00a7 5-6-35 (a) (1). We have held that the Board is \u201can agency of the State\u201d in various contexts, including sovereign immunity, see Olvera v. Univ. System of Ga. Bd. of Regents, 298 Ga. 425, 426 (782 SE2d 436) (2016), and the Open Records Act, see Bd. of Regents of Univ. System of Ga. v. Atlanta Journal, 259 Ga. 214, 214 (378 SE2d 305) (1989). See also \u00a7\u00a7 20-3-20 (a) (providing that \u201cthe board of regents is created\u201d), 20-3-80 (referring to the Board as \u201ca state agency\u201d). Moreover, as relevant to this case, the Board of Regents has statutory authority to \u201c[t]o elect or appoint professors \u2024 for all of the schools in the university system\u201d; \u201cto discontinue or remove them as the good of the system or any of its schools or institutions or stations may require\u201d; and \u201cto make such reasonable rules and regulations as are necessary for the performance of its duties \u00a7 20-3-31 (1), (2). The Board exercised that authority to adopt procedural policies for public universities to follow in entering into employment contracts with professors and in terminating those contracts, as well as substantive policies establishing standards of conduct for professors and other employees. Under these policies, which were incorporated into Wolfe's contract, the Board and the University delineated types of misconduct that could lead to termination and set forth the procedures to be followed before a professor's contract is terminated. Thus, in this case, the Board was acting as a state administrative agency for purposes of \u00a7 5-6-35 (a) (1). See Keystone Knights, 299 Ga. at 399 n.20 (explaining for similar reasons that, in the context of that case, the Georgia Department of Transportation was a \u201cstate administrative agency\u201d for purposes of \u00a7 5-6-35 (a) (1)). (b) We next consider whether the Board of Regents made a \u201cdecision\u201d in this case. In Keystone Knights, we explained that a \u201cdecision,\u201d as that term is used in \u00a7 5-6-35 (a) (1), is one that is adjudicatory in nature, as opposed to executive or legislative. See 299 Ga. at 400-401 decision of an adjudicatory nature is one that is \u201cimmediate in application, [is] specific in application, and commonly involve[s] an assessment of \u2018facts about the parties and their activities, businesses, and properties.\u2019 \u201d Id. at 401 (citations omitted). It is not one that is, \u201c \u2018as in the case of legislative or rule making action, general and future in effect.\u2019 \u201d Id. (citation omitted). We noted that this understanding of \u201cdecision\u201d was consistent with our precedents, as we have often said that \u00a7 5-6-35 (a) (1) requires an application to appeal when \u201ctwo tribunals\u201d \u2013 i.e., an administrative agency or other lower tribunal and a superior court \u2013 have \u201cadjudicated\u201d the merits of a specific case. See Keystone Knights, 299 Ga. at 403 (citing cases). We also rejected the argument that such a decision \u201cmust be marked by formal adjudicative procedures,\u201d explaining that \u201cwe do not understand the usual and common usage of \u2018decision\u2019 to connote any particular degree of formality in the decisional process,\u201d 2/22/25, 8:06 v (2016) \| FindLaw 4/15 and there is not \u201cany particular degree of formality inherent in the notion of adjudicative decisionmaking.\u201d Id. at 404-405. Under these principles, it is clear that the Board of Regents made a decision that was adjudicative in nature in terminating Wolfe. The decision was not of general and future effect; rather, it was based on an assessment of the particular facts surrounding a single person's past conduct, it involved an application of Board rules and policies to that conduct, and it had the immediate and specific consequence of terminating Wolfe's contract to serve as a professor. See id. at 404 (holding that the Department of Transportation's denial of the Keystone Knights' application to participate in a program established and administered by the Department was adjudicative in nature because, among other things, the \u201cdenial was not a rule or statement of policy that was general and prospective in application. To the contrary, the denial was a determination to reject a single application submitted by a specific applicant, and it had the immediate and particular consequence of disallowing that applicant to participate in the Adopt-A- Highway program upon the terms proposed in the application.\u201d). (c) The final consideration in determining whether Wolfe was required to file an application to appeal under \u00a7 5-6-35 (a) (1) is whether the decision of the superior court was one that reviewed the decision of the Board of Regents. Wolfe advances two reasons why it was not, neither of which is persuasive. First, Wolfe argues that the superior court was not reviewing an administrative agency decision because it did not discuss the Board's denial of Wolfe's application for discretionary review of President Keel's decision to terminate him. Under the procedures adopted by the Board, however, the president of a university is granted the authority to make a decision to terminate the contract of a faculty member. The Board has the discretionary authority to review that decision, but is not required to do so. Here, the Board declined to review the president's decision, making Keel's decision the operative decision of the agency on the matter. See Keystone Knights, 299 Ga. at 406 (recognizing that agency regulations can identify the \u201cpoint of decision for the agency\u201d and invest officers of an agency \u201cwith legal authority to make the determination for the agency\u201d); Selke v. Carson, 295 Ga. 628, 629 (759 SE2d 853) (2014) (holding that a county personnel director made an agency decision for purposes of \u00a7 5-6-35 (a) (1) when she declined to forward an appeal to the civil service board on the ground that the layoff sought to be appealed was not an appealable event). More vociferously, Wolfe contends that under the rationale of Laskar v. Board of Regents of University System of Georgia, 320 Ga. App. 414 (740 SE2d 179) (2013), the superior court could not have conducted a review of the agency decision in this case. Laskar, however, did not concern the appellate jurisdiction question at issue in this case. In Laskar, the Court of Appeals held that a Georgia Tech professor could not file a writ of certiorari pursuant to \u00a7 5-4-1 in the superior court to obtain judicial review of the decision of the university's president to terminate the professor's employment. See 2/22/25, 8:06 v (2016) \| FindLaw 5/15 Laskar, 320 Ga. App. at 420-421. The Court of Appeals noted, however, that the professor was not \u201cwithout judicial recourse with regard to his dismissal,\u201d because he could file an action in the superior court alleging breach of his employment contract. See id. at 421. Wolfe asserts that his inability to seek initial judicial review by a writ of certiorari means that no judicial review of the Board's decision (through President Keel) to terminate his contract was available in the superior court and that his breach of contract action in the superior court could not and did not constitute such a review. That assertion is unfounded. Laskar addressed only how an aggrieved party can obtain review of an agency decision in a superior court, and in particular whether a terminated Georgia Tech professor could seek such review using a writ of certiorari under \u00a7 5-4-1 (an issue on which we express no opinion). The Court of Appeals did not address \u00a7 5-6-35 (a) (1), which governs how to take an appeal from a superior court to an appellate court. Laskar did not purport to hold that \u00a7 5-6-35 (a) (1) is limited to a superior court's review of an agency decision pursuant to a properly filed writ of certiorari under \u00a7 5-4-1, nor did Laskar purport to determine whether a breach of contract action filed in superior court involves review of an underlying agency decision within the meaning of the discretionary appeal statute. Consequently, Laskar provides no real guidance in determining whether the superior court reviewed an agency decision in this case. Instead, this case is governed by the well-settled principle that \u201cwhen we consider the nature of the proceedings in the superior court for the purposes of \u00a7 5-6-35 (a) (1), we look to the substance of those proceedings, not merely the form of the relief sought.\u201d Keystone Knights, 299 Ga. at 407. Accord Ladzinske v. Allen, 280 Ga. 264, 265 (626 SE2d 83) (2006); Ferguson v. Composite State Bd. of Med. Examiners, 275 Ga. 255, 256-257 (564 SE2d 715) (2002). \u201cIf a party to a judicial proceeding \u2018attacks or defends the validity of an administrative ruling and seeks to prevent or promote the enforcement thereof, the trial court must necessarily \u201creview\u201d the administrative decision [to resolve the merits of the case].\u2019 \u201d Keystone Knights, 299 Ga. at 408 (citation omitted). Thus, we have held that if a party attacked or defended an adjudicative administrative decision in the superior court by filing or opposing a petition for mandamus, a complaint for breach of contract, an action for declaratory relief, or a petition for injunctive relief \u2013 as well as a writ of certiorari \u2013the party seeking to appeal from an adverse decision of the superior court must comply with the discretionary appeal statute. See, e.g., id. at 394 (mandamus, injunction, and declaratory judgment); Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (728 SE2d 197) (2012) (mandamus and declaratory judgment); Ladzinske, 280 Ga. at 264 (mandamus, declaratory judgment, and injunctive relief); Prison Health Svcs., Inc. v. Ga. Dept. of Admin. Svcs., 265 Ga. 810, 811 (462 SE2d 601) (1995) (breach of contract, mandamus, and injunctive relief). See also Salter v. Thomaston, 200 Ga. App. 536, 536 (409 SE2d 88) (1991) (relying on \u00a7 5-6-35 (a) (1) to dismiss a direct appeal from a superior court decision reviewing a decision of a lower tribunal by writ of certiorari). Indeed, \u00a7 5-6-35 (a) (1) applies by its plain terms whether the superior court's review of the lower tribunal's decision was \u201cby certiorari or de novo proceedings.\u201d So we reiterate 2/22/25, 8:06 v (2016) \| FindLaw 6/15 today what we said not long ago in Hamryka \u00a7 5-6-35 (a) (1) is not limited by the process by which a decision is taken \u201cto the superior court but instead applies to appeals from the superior court's \u2018review[ ]\u2019 of an administrative agency decision, however that judicial review is sought.\u201d 291 Ga. at 125 (emphasis in original). In this case, Wolfe squarely attacked the Board of Regents' decision, made by President Keel, to terminate his contract in the breach of contract and mandamus claims that he filed in the superior court. Wolfe alleged, for example, that Keel's \u201cdecision set forth no facts supporting [Wolfe's] termination or [Keel's] basis for rejecting the [Faculty] Hearing Committee's recommendations,\u201d and that \u201cKeel set forth no standards by which Dr. Wolfe's conduct was measured, and, in fact, failed to [take] the facts rendered at the hearing into account in his decision.\u201d In sum, Wolfe alleged that procedural and substantive errors in applying the relevant agency policies occurred in the agency proceedings that resulted in the agency decision to terminate his contract, and based on those errors, he sought, among other relief, the direct reversal of that decision by a superior court order reinstating him to his position. Wolfe's complaint asked the superior court to review a decision of a state administrative agency; the superior court reviewed that decision, denying relief; and Wolfe is now appealing the decision of the superior court. (d) Under this Court's precedents, these determinations dictate that Wolfe was required by \u00a7 5-6- 35 (a) (1) to bring his appeal by way of an application for discretionary appeal and that his failure to do so requires the dismissal of his direct appeal. See Keystone Knights, 299 Ga. at 399. In a final effort to avoid this result, Wolfe maintains that we should follow three other cases that have permitted direct appeals of breach of contract actions against state agencies. See Dept. of Corrections v. Developers Surety & Indem. Co., 295 Ga. 741 (763 SE2d 868) (2014); Carroll v. Bd. of Regents of Univ. System of Ga., 324 Ga. App. 598 (751 SE2d 421) (2013); Bd. of Regents of Univ. System of Ga. v. Barnes, 322 Ga. App. 47 (743 SE2d 609) (2013). Because these decisions did not address the appellate court's jurisdiction, however, they are not authoritative precedent on any jurisdictional issue. \u201c \u2018Questions which merely lurk in the record, neither brought to the attention of the court nor ruled upon, are not to be considered as having been so decided as to constitute precedents.\u2019 \u201d Durham v. Durham, 291 Ga. 231, 234 (728 SE2d 627) (2012) (citation omitted). Moreover, those cases are distinguishable from this one. Here, under Wolfe's contract with the Board of Regents, for the Board to terminate his contract as a tenured professor, the Board and Wolfe were required to go through administrative proceedings that resulted in a definitive agency decision on the contract issues for purposes of \u00a7 5-6-35 (a) (1). In Developers Surety and Carroll, by contrast, it appears that no administrative proceedings were required to occur as part of the contract and no administrative proceedings resulting in an agency decision within the meaning of \u00a7 5-6-35 (a) (1) in fact occurred. See Developers Surety, 295 Ga. 741 (involving a lawsuit alleging breach of a construction contract); Carroll, 324 Ga. App. 598 (involving a breach of contract action brought by a professor based 2/22/25, 8:06 v (2016) \| FindLaw 7/15 on the interpretation of a settlement agreement with the Board of Regents that permitted her to retire early). The last case on which Wolfe relies is a Court of Appeals decision in which it is unclear whether the decision to expel a student was executive or adjudicative in nature. See Barnes, 322 Ga. App. at 47-50; Keystone Knights, 299 Ga. at 400. To the extent that Barnes can be read to permit a direct appeal from an adjudicative agency decision reviewed by the superior court within the meaning of \u00a7 5-6-35 (a) (1), it is hereby disapproved. And in contrast to the distinguishable direct appeal cases that Wolfe cites, we note that in a case in which a local board of education terminated several teachers' contracts, had that decision reversed by a state administrative agency, and then lost on the merits in superior court, the local board filed an application to appeal pursuant to \u00a7 5-6-35 (a) (1), which the Court of Appeals granted. See Clayton County Bd. of Educ. v. Wilmer, 325 Ga. App. 637, 637 n.1 (753 SE2d 459) (2014). See also English v. Delbridge, 216 Ga. App. 366, 366-367 (454 SE2d 175) (1995) (holding that a superior court decision reviewing de novo a magistrate court's ruling on an action on an account contract had to be appealed by application for discretionary appeal under \u00a7 5-6-35 (a) (1)).5 To sum up, Wolfe entered into an employment contract with the Board of Regents, a state administrative agency; the contract required that, to terminate Wolfe's employment, administrative proceedings had to occur; those proceedings did occur, resulting in an adjudicative agency decision; the breach of contract and mandamus claims that Wolfe filed in the superior court challenged that agency decision; and the superior court reviewed the agency decision in denying those claims. Accordingly, under \u00a7 5-6-35 (a) (1), Wolfe was required to file a discretionary application to appeal the superior court's decision reviewing the agency decision. He did not do so, and we must therefore dismiss his appeal. Appeal dismissed. All the Justices concur 1. The University's \u201cPolicy Prohibiting Sexual Harassment\u201d said:Sexual harassment is defined as unwelcome conduct of a sexual nature. Such conduct may include sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Conduct that is severe or pervasive enough to create a hostile work or academic environment constitutes one type of sexual harassment. Depending on the severity, it is possible for a single incident to be sufficient to constitute a hostile environment. \u2024 Students should and employees must report [to the Director of Diversity Services] any unwelcome conduct of a sexual nature regardless of severity or the number of occurrences so that Georgia Southern can take steps to address harassment before it creates a hostile environment.When a finding is made that sexual harassment has occurred, the University will take appropriate action ranging from informal resolution up to and including termination or dismissal in accordance with the requirements of due process.The Board of Regents Policy Manual included a similar policy. In addition, the University's \u201cHarassment in the Workplace\u201d policy provided, among other things, that \u201c[t]he University 2/22/25, 8:06 v (2016) \| FindLaw 8/15 strictly prohibits employees from engaging in offensive or inappropriate harassing behavior at work. All employees are personally responsible for ensuring that the workplace is free from harassment, including sexual harassment.\u201d 2 University policy listing grounds for which a professor could be terminated included \u201c[d]isruption of any teaching, research, administrative, disciplinary, public service or other authorized activity.\u201d The Board of Regents Policy Manual contained an identical provision. 3. The statement referenced four other complaints against Wolfe: a 2005 incident involving Wolfe's use of sexist language with a student; an April 2012 incident involving an email Wolfe sent to a student asking her to bring her lingerie to a charity clothing drive; an unsubstantiated June 2013 complaint; and another October 2013 incident in which Wolfe sent an email to all department faculty and graduate students offering $10 and a pair of his dirty underwear for the return of a missing pair of bicycle gloves. 4. The application requirement for appeals in the types of cases listed in \u00a7 5-6-35 (a) applies based on the underlying subject matter of the appeal, even if an order like the superior court's final order granting summary judgment against Wolfe on his mandamus claim would otherwise be immediately appealable pursuant to \u00a7 9-11-56 (h) or \u00a7 5-6-34 (a) (1) or (7). See Fergusonv. Composite State Bd. of Med. Examiners, 275 Ga. 255, 256-257 (564 SE2d 715) (2002). 5. This Court has also dismissed similar direct appeals in unpublished orders. See City of Atlanta v. Clarke, S10A1938 (Sept. 7, 2010) (dismissing the City's direct appeal of a superior court's order reviewing an administrative agency decision regarding the termination of City employees); Semsar v. Bd. of Regents of Univ. System of Ga. & Martin v. Bd. of Regents of Univ. System of Ga., S09A0561, S09A0562 (Jan. 26, 2009) (dismissing direct appeals from the superior court by professors who had asserted breach of contract and other claims challenging the Board of Regents' decisions terminating their contracts). \u201cWhile these orders were not reported and therefore do not constitute binding precedent, they reflect consistent decisions by this Court when it has actually identified and focused on the jurisdictional issue.\u201d Spurlock v. Dept. of Human Resources, 286 Ga. 512, 522-523 (690 SE2d 378) (2010) (Nahmias, J., concurring specially). Several Court of Appeals cases not cited by Wolfe, as well as Laskar, have retained direct appeals that appear to have challenged the superior court's review of an agency's adjudicative decision regarding an alleged breach of an employee's contract. See Tackett v. Ga. Dept. of Corrections, 304 Ga. App. 310 (696 SE2d 359) (2010); Edmonds v. Bd. of Regents of Univ. System of Ga., 302 Ga. App. 1 (689 SE2d 352) (2009); Employees' Retirement System of Ga. v. Melton, 294 Ga. App. 634 (669 SE2d 692) (2008); Baker v. McIntosh County School Dist., 264 Ga. App. 509 (591 SE2d 362) (2003). Like the cases Wolfe cites, these opinions do not address the potential applicability of \u00a7 5-6-35 (a) (1), and to the extent they can be read to indicate that a discretionary application to appeal is not required in this situation, those cases are also disapproved. NAHMIAS, Justice. 2/22/25, 8:06 v (2016) \| FindLaw 9/15 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 (2016) Docket No: S16A1201 Decided: November 21, 2016 2/22/25, 8:06 v (2016) \| FindLaw 10/15 Court: Supreme Court of Georgia. 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, 8:06 v (2016) \| FindLaw 11/15 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, 8:06 v (2016) \| FindLaw 12/15 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, 8:06 v (2016) \| FindLaw 13/15 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, 8:06 v (2016) \| FindLaw 14/15 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > \| Privacy > \| Disclaimer > \| Cookies > 2/22/25, 8:06 v (2016) \| FindLaw 15/15", "7353_102.pdf": "professor-sexual-assault-appeal/article_0da6a9fc-78ae-11e6-a2a8-23f6250046c8.html Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal Savannah Peat @SavannahPeat Sep 12, 2016 Justice Harris Hines is taking over the role from current Chief Justice Hugh P. Thompson in January 2017, though his term officially ends in August, according to a press release. At the same time, Justice Harold D. Melton will assume Hines\u2019s position. David Bristow Among presiding Justice Harris Hines' numerous state positions since his admittance to the State Bar of Georgia in 1968, he can now add Chief Justice to his list of achievements. 2/22/25, 8:06 Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal \| City News \| redan\u2026 1/5 Hines is taking over the role from current Chief Justice Hugh P. Thompson in January 2017, though his term officially ends in August, according to a press release. At the same time, Justice Harold D. Melton will assume Hines\u2019s position. Jan Hansen, the public information officer for the Supreme Court of Georgia, said Hines was unanimously voted to the position based on his seniority and experience can assure you he is very humbled and pleased on the selection by his fellow colleagues,\u201d Hansen said. According to the press release, Thompson encourages the transition in order to provide Hines adequate experience as Chief Justice before his retirement in 2018. The experience will arrive readily, with 11 upcoming cases due for oral argument before the court this week. Some of the cases deal with land ownership and worker\u2019s compensation, while one case in particular, Wolfe V. Regents of the University System of Georgia, has the attention of many. Lorne Wolfe, a tenured professor at the Georgia Southern University, is appealing a Fulton County Court ruling that upholds his termination after the alleged sexual harassment of a female graduate student. According to a press release, Wolfe made an inappropriate comment toward the student when she spilled coffee on herself. When she rebuffed his remarks, he reportedly spoke loudly and inappropriately with another student regarding her physical appearance. The appeal is based on the university incorrectly applying the legal standard when firing Wolfe. By only being charged with \u201chostile environment sexual harassment,\u201d Wolfe claims ignorance regarding his statements being grounds for hostile environment. Because Wolfe is a tenured professor, the university is prohibited from taking corrective action against him unless his behavior is so offensive it makes the university liable. The appeal is scheduled to appear before Hines on Tuesday Sept. 13, at which time the justices \"will be researching the law, writing opinions and will be spending that time looking at the facts of the case and applying the law to the case,\u201d Hansen said. 2/22/25, 8:06 Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal \| City News \| redan\u2026 2/5 Health Center displays range of services at Healthy Dawg Kickoff 2/22/25, 8:06 Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal \| City News \| redan\u2026 3/5 OPINION: Exclusive feminism is dead, or should be 2/22/25, 8:06 Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal \| City News \| redan\u2026 4/5 EDITORIAL: Don\u2019t blame it on the alcohol 2/22/25, 8:06 Newly-named Georgia Supreme Court justice to preside over Georgia Southern professor sexual assault appeal \| City News \| redan\u2026 5/5", "7353_103.pdf": "The George-Anne Media Group \u2022 April 8, 2014 \u2022 Sexual harassment complaints made Jackie Gutknecht Lorne Wolfe, Ph.D., two-time* Georgia Southern University professor of the year, was put on administrative leave on Oct. 31, 2013 and is still on leave \u201cuntil due process proceedings\u201d are completed, according to documents obtained from the Office of Legal Affairs.University officials have not confirmed why Wolfe is on leave. According to the documents, Wolfe, who is a tenured professor in the biology department, is on leave with pay and benefits. On Oct. 16, 2013 a graduate student filed a Sexual Harassment Complaint to the Department of Diversity Services claiming that Wolfe made the student feel uncomfortable while in the shared break room of the Biological Sciences Building. The George-Anne acquired a copy of the complaint that had names redacted by the Office of Legal Affairs. The student spilled coffee down his or her shirt, and Wolfe came into the break room and said, \u201cIt\u2019s ok, you can dry your breasts off in front of me.\u201d Wolfe then took a seat and again told the student to dry off in front of him, and when the student gave him a look that his comments were not welcome, Wolfe said, \u201cWell f\u2014 you, then,\u201d according to the complaint. After the alleged incident, the student no longer felt comfortable in the break room because Wolfe\u2019s office is close in proximity have never been so offended in such a short amount of time was not able to complete any work this day because was distraught about the incident,\u201d according to the complaint. In his most recent post-tenure review on Feb. 9, 2012, completed by Steve Vives, Ph.D., biology department chair, Wolfe was given an overall ranking of \u201cmeritorious\u201d and was said to have exceeded expectations. According to the review, Wolfe \u201chas a very strong record overall and is seen by his peers as a valued colleague.\u201d Wolfe was the recipient of the Professor of the Year award in 2004 and 2011. It is awarded based on an initial student vote that is then evaluated by the department head and a blind review by Gamma Beta Phi professor must have worked full-time at for at least three years to be eligible for the award. Formal Complaints According to records received from the Office of Legal Affairs, over the last five years, four other formal complaints were made about Wolfe. \u2022 On June 3, 2013, Gary Gawel, director of diversity services, contacted a student through email \u201cabout sexual innuendos/jokes made by Dr. Wolfe,\u201d according to the email. The student agreed to talk with Gawel but wanted to make sure that his or her name did not get around to others in the biology department or \u201cget back to Dr. Wolfe at all,\u201d according to the email. \u2022 On May 3, 2013, a student emailed Vives, biology department chair, complaining about email interactions with Wolfe still have the email because have been so torn on what to do, but honestly am fed up with the rudeness from him,\u201d according to the email. \u2022 On May 8, 2012, a student complaint was sent to Vives. The complaint was about disrespectful communication when a student asked for Wolfe\u2019s help. The student was trying to find another faculty member, according to the complaint, and Wolfe responded with phrases similar to don\u2019t know where the f\u2014ing faculty are and don\u2019t know where all the g\u2013damn staff are located.\u201d The email read that the wording was not exact, but the student took offense and reported the behavior. \u2022 On April 15, 2012, a complaint was sent to the Department of Diversity Services about an email from Wolfe to a student. According to the complaint, Wolfe sent an email to a student that read, \u201cBring your lingerie hear you have a lot.\u201d According to the hand-written complaint, Wolfe\u2019s environmental biology class was very informal, and he made a point to read student emails in class. The complaint also claimed that Wolfe was friendly with the girls in class. University Policy According to the Policy Prohibiting Sexual Harassment, \u201csexual harassment is defined as unwelcome conduct of a sexual nature. Such conduct may include sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.\u201d In accordance to the policy conducts investigations of all complaints of sexual harassment and will take the appropriate action when finding that sexual harassment has occurred. University President Brooks Keel, Ph.D., said that he is made aware of all complaints and becomes involved on a case-by-case basis. \u201cAt the original reporting level, it becomes a police issue if it\u2019s an assault; it becomes a judicial issue if it involves a student; it becomes a human resources issue if it involves a staff member; and it is a provost and academic affairs issue if it involves a faculty member,\u201d Keel said. \u201cSo depending on who it is and the circumstances, one of the other vice presidents would certainly be involved in it, but am always notified in [sexual harassment] situations and kept apprised of the progress that\u2019s being made on that particular case, and all [sexual harassment] cases would be treated the same,\u201d Keel said. Members of the Board of Regents and all individuals employed by the University System of Georgia must participate in Ethics Policy training and must certify compliance on a periodic basis, according to Board of Regents General Policies. Wolfe was placed on leave before the deadline to complete the mandatory sexual harassment policy training in 2013, however in 2012, he did complete the training with a score of 100 percent. \u201cHe is a very accomplished scholar at GSU, and it is very unfortunate that it has come to this,\u201d Andrew Coffman, Wolfe\u2019s lawyer, said. \u201cIt\u2019s a stunning turn of events.\u201d *Editor\u2019s note: This article was corrected due to an inaccuracy. It was originally misreported that Dr. Lorne Wolfe won the Professor of the Year award three times. Dr. Wolfe was the recipient in 2004 and 2011."}
8,589	Carlos Valdez	Bard College	[ "8589_101.pdf", "8589_102.pdf", "8589_103.pdf", "8589_104.pdf" ]	{"8589_101.pdf": "The Classical Music Guide Forums Welcome to the new Classical Music Guide Online Forums! Search \uf011Login \uf044Register \uf015Board index \u2039 Classical Music Guide Online \u2039 Classical Music Chatterbox Post Reply \uf112 Search this topic\u2026 \uf002 \uf013 4 posts \u2022 Page 1 of 1 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct Moderators: Lance, Corlyss_D \uf0c9Quick links lennygoran Posts: 19986 Joined: Tue Mar 27, 2007 9:28 pm Location: new york city Bard College Music Student Sues School, Citing Instructor\u2019s Conduct \uf15b by lennygoran \u00bb Fri May 22, 2020 8:47 am \uf10d 2/22/25, 8:06 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct - The Classical Music Guide Forums 1/5 This article caught my eye-I'm still waiting to hear from Bard if they're cancelling the opera in early Aug bought tickets for-King Arthur(Le roi Arthus)by Ernest Chausson. Regards, Len Bard College Music Student Sues School, Citing Instructor\u2019s Conduct The teacher was fired, but the suit says he should not have been on staff because of prior complaints by other students. By Melena Ryzik May 21, 2020 music instructor at Bard College was fired this year after a Title investigation determined he had sexually harassed a young percussion student. Now, the student is asserting in a lawsuit against the college that the instructor should not have been on staff because of prior harassment complaints that the school knew about. In the federal suit filed on Tuesday in Manhattan, Avalon Packer, 21, a percussionist who started at Bard in 2016, accuses Carlos Valdez, the percussion teacher, of rubbing up against her while he had an erection during a lesson, and later forcibly kissing her. Though Mr. Valdez was fired this year after an investigation found Ms. Packer\u2019s account credible, her lawsuit says that she learned while reviewing the investigator\u2019s notes from her case that Mr. Valdez had been the subject of two other complaints under Title IX, a federal law that bars sexual discrimination in institutions that receive federal funds. The lawsuit says that the previous complaints were also substantiated by an investigation, which recommended that Mr. Valdez be terminated. But instead, 2/22/25, 8:06 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct - The Classical Music Guide Forums 2/5 it says, the college allowed him to continue teaching after making a written apology and taking an online anti-harassment course. \u201cThey obviously protected somebody who didn\u2019t deserve protection, when in fact their whole commitment is to protect students,\u201d Ms. Packer said in an interview. In a statement on Wednesday, the college disputed Ms. Packer\u2019s recounting of the prior case, saying Mr. Valdez, a part-time instructor, had been terminated at the conclusion of the earlier investigation but was reinstated on appeal after agreeing to abide by a variety of conditions. \u201cBard College takes all complaints of sexual misconduct with the utmost gravity,\u201d the statement said. Mr. Valdez, 66, who had disputed Ms. Packer\u2019s account, did not respond to messages via phone or email. He is not named as a party to the lawsuit. The suit names Bard\u2019s president, Leon Botstein, a music scholar and conductor who has run the school for 45 years, as one of the defendants. Ms. Packer, who was raised in Alaska, said she took up percussion as a child and later attended the Manhattan School of Music. \u201cMy goal with going to Bard College wanted to really be able to study all types of percussion,\u201d she said. Even before she began her freshman year in 2016, she said in her lawsuit, Mr. Valdez messaged her from his personal Facebook page, gave her his phone number and invited her for a private tour of the campus, in Annandale-on- Hudson, N.Y. He said that he had watched clips of her performing, she said in the lawsuit. Ms. Packer was flattered and excited. \u201cIn the beginning, he always told me was very talented and better than everybody else at percussion,\u201d she said in an interview. But within months, Mr. Valdez began showing her unwanted attention, Ms. Packer said in the suit, including massaging her back as she played, saying he was fixing her posture. He also regularly pressed himself against her back, she said, including once in the fall of 2016 when she could feel his erection. In February 2017, she says in her lawsuit, Mr. Valdez suddenly grabbed and kissed her without her consent. From then on, she said in the suit, she stopped going to private lessons with him, saying she had an injury. Not long afterward, the lawsuit says, she ran into him on campus and he warned her against making a Title complaint because \u201che always wins.\u201d Ms. Packer said in an interview that after the last incident she withdrew, socially and scholastically, her grades dropped and she grew depressed. \u201cThe amount of anxiety was carrying wasn\u2019t even able to perform,\u201d she said. In 2019, she described her experiences to a faculty member at the school who 2/22/25, 8:06 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct - The Classical Music Guide Forums 3/5 \uf139 helped direct her toward a Title complaint, she said in the interview. The investigator found that Mr. Valdez had violated the school\u2019s Gender-Based Misconduct Policy and created a hostile environment for Ms. Packer, according to a letter from Malia K. Du Mont, Bard\u2019s chief of staff and vice president for strategy and policy, that was filed as part of the case. The letter acknowledges that some of Mr. Valdez\u2019s colleagues and students told the investigator that they had seen the instructor hug and massage students without their consent and that the instructor had not changed his behavior \u201cdespite previous warnings.\u201d When Ms. Packer was permitted to look through summaries from the investigator, her suit says, she learned that Mr. Valdez had been the subject of two other Title cases, including one from the 2014-2015 school year in which a student was also \u201chugged, grabbed, and kissed\u201d without her consent. The school said in its statement that Mr. Valdez was fired as a result of the earlier investigation but reinstated on appeal about a month later, after agreeing \u201cto adhere to remedial measures to address his conduct, including counseling and training.\u201d \u201cThe College administration,\u201d the statement said, \u201calso made unannounced visits to his class sessions and tutorials to monitor his actions.\u201d Ms. Packer, who took a leave of absence from the school during the investigation, and is now slated to graduate in December, has been working at UPS. She said her interest in music remains, though she no longer dreams of performing for a living, and instead wants to become a music therapist. Her lawyer, Ali Frick, said her client understands that colleges cannot protect students from everything. \u201cBut this was preventable,\u201d Ms. Frick said. ... -sues.html Rach3 Posts: 10232 Joined: Tue Apr 03, 2018 9:17 am \uf139 Re: Bard College Music Student Sues School, Citing Instructor\u2019s Conduct \uf15b by Rach3 \u00bb Fri May 22, 2020 7:32 pm In other words : Bard re-hired him. Are percussion instructors difficult to find ? \uf10d maestrob Posts: 19510 Joined: Tue Sep 16, 2008 11:30 am \uf139 Re: Bard College Music Student Sues School, Citing Instructor\u2019s Conduct \uf15b by maestrob \u00bb Sat May 23, 2020 10:56 am There are creeps in every profession. Music, sadly, is no exception. I'd be willing to bet that almost every musician has had a similar experience at one time or another. Promising careers are put on hold or given up all the time because of this nonsense. Hopefully, things are changing now for the better. \uf10d 2/22/25, 8:06 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct - The Classical Music Guide Forums 4/5 Post Reply \uf112 4 posts \u2022 Page 1 of 1 \uf104Return to \u201cClassical Music Chatterbox\u201d \uf015Board index All times are UTC-05:00 \uf1f8Delete all board cookies \uf132The team \uf0e0Contact us Users browsing this forum: No registered users and 5 guests Powered by phpBB\u00ae Forum Software \u00a9 phpBB Limited Lance Site Administrator Posts: 21980 Joined: Fri Mar 25, 2005 1:27 am Location: Binghamton, New York Contact: \uf139 \uf27b Re: Bard College Music Student Sues School, Citing Instructor\u2019s Conduct \uf15b by Lance \u00bb Sat May 23, 2020 1:05 pm Incredible story. I'm sure all of us somehow involved in music could tell our stories of what we have seen or endured! Lance G. Hill Editor-in-Chief ______________________________________________________ When she started to play, Mr. Steinway came down and personally rubbed his name off the piano. [Speaking about pianist &*$#@+#] \uf10d \uf160 \uf0dd Jump to \uf0dd 2/22/25, 8:06 Bard College Music Student Sues School, Citing Instructor\u2019s Conduct - The Classical Music Guide Forums 5/5", "8589_102.pdf": "By By UPDATED: UPDATED: May 19, 2020 at 10:33 May 19, 2020 at 10:33 Shutterstock Shutterstock The Richard B. Fisher Center Performing Arts building, Bard College, Annandale-on- The Richard B. Fisher Center Performing Arts building, Bard College, Annandale-on- Hudson , May 24, 2015. Hudson , May 24, 2015 Lawsuit: Creepy Bard College Lawsuit: Creepy Bard College music professor preyed on music professor preyed on female students as school female students as school ignored his behavior ignored his behavior 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 1/24 Bard College percussion teacher marched to a predatory beat, sexually Bard College percussion teacher marched to a predatory beat, sexually assaulting a young female student shortly after dodging dismissal for an assaulting a young female student shortly after dodging dismissal for an eerily similar incident at the school, a lawsuit charged Tuesday. eerily similar incident at the school, a lawsuit charged Tuesday. Instructor Carlos Valdez was accused in the 16-page Manhattan Federal Court Instructor Carlos Valdez was accused in the 16-page Manhattan Federal Court filing of grabbing the teen plaintiff, wrapping both arms around the terrified filing of grabbing the teen plaintiff, wrapping both arms around the terrified woman, and trying to stick his tongue in her mouth during a forcible kiss in woman, and trying to stick his tongue in her mouth during a forcible kiss in his sound-proof office. He had previously pressed his erection into the first- his sound-proof office. He had previously pressed his erection into the first- year student\u2019s back during a one-on-one percussion class in the fall of 2016, year student\u2019s back during a one-on-one percussion class in the fall of 2016, the lawsuit says. the lawsuit says. \u201cFor years, Bard College knowingly employed a sexual predator as an \u201cFor years, Bard College knowingly employed a sexual predator as an instructor in its music program and allowed him to prey on students,\u201d says instructor in its music program and allowed him to prey on students,\u201d says the lawsuit filed on behalf of student Avalon Packer, now 21. the lawsuit filed on behalf of student Avalon Packer, now 21. \u201cValdez groomed Ms. Packer \u2026 He then used the power and influence he had \u201cValdez groomed Ms. Packer \u2026 He then used the power and influence he had developed over time to repeatedly assault her in his basement office during developed over time to repeatedly assault her in his basement office during private music lessons,\u201d the suit says. private music lessons,\u201d the suit says. Top Videos Friday's Top Plays -00:00 The victim was unaware that another student leveled a similar allegation The victim was unaware that another student leveled a similar allegation against Valdez in the 2014-15 school year, when Bard ignored an against Valdez in the 2014-15 school year, when Bard ignored an investigator\u2019s recommendation for his firing, according to the lawsuit. She investigator\u2019s recommendation for his firing, according to the lawsuit. She didn\u2019t discover the other case until after Valdez was finally dismissed last year, didn\u2019t discover the other case until after Valdez was finally dismissed last year, the lawsuit said. the lawsuit said. 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 2/24 Court papers described Valdez as unapologetic about the incidents, even Court papers described Valdez as unapologetic about the incidents, even telling his young accuser that a complaint to school officials was pointless telling his young accuser that a complaint to school officials was pointless because he \u201calways wins.\u201d And once she rebuffed his come-ons, Valdez because he \u201calways wins.\u201d And once she rebuffed his come-ons, Valdez launched a campaign of retaliation that left Packer in a deep emotional funk, launched a campaign of retaliation that left Packer in a deep emotional funk, the lawsuit claims. the lawsuit claims. \u201cMs. Packer felt betrayed by a mentor with whom she had previously felt a \u201cMs. Packer felt betrayed by a mentor with whom she had previously felt a close connection,\u201d the lawsuit charged. \u201cOver time, Ms. Packer fell into a close connection,\u201d the lawsuit charged. \u201cOver time, Ms. Packer fell into a depression, often feeling like she was not living in her body.\u201d depression, often feeling like she was not living in her body.\u201d The lawsuit alleged Valdez\u2019s behavior toward female students was an open The lawsuit alleged Valdez\u2019s behavior toward female students was an open secret. secret. Packer \u201csaw him ogle the female students, undressing them with his eyes,\u201d Packer \u201csaw him ogle the female students, undressing them with his eyes,\u201d the lawsuit alleged. \u201cShe saw him lick his lips suggestively to multiple female the lawsuit alleged. \u201cShe saw him lick his lips suggestively to multiple female students. He gave many female students overly friendly hugs \u2014 though he students. He gave many female students overly friendly hugs \u2014 though he never hugged the male students.\u201d never hugged the male students.\u201d An email to Bard for comment on the suit was not returned Tuesday. An email to Bard for comment on the suit was not returned Tuesday. But the lawsuit detailed how Packer learned last December of two previous But the lawsuit detailed how Packer learned last December of two previous complaints against Valdez, including one mirroring her own alleged assault. complaints against Valdez, including one mirroring her own alleged assault. In the case from the 2014-15 academic year, Valdez kept his job after writing a In the case from the 2014-15 academic year, Valdez kept his job after writing a letter of apology and taking an online anti-harassment course, the lawsuit letter of apology and taking an online anti-harassment course, the lawsuit says. says. Read More Read More 00:00 00:00 02:40 02:40 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 3/24 Originally Published: Originally Published: May 19, 2020 at 5:55 May 19, 2020 at 5:55 \u201cWith full knowledge that Valdez had assaulted a student and forcibly kissed \u201cWith full knowledge that Valdez had assaulted a student and forcibly kissed her, Bard took no further action before letting him loose on students again, her, Bard took no further action before letting him loose on students again, overriding the (firing) recommendation of the investigator,\u201d charged the overriding the (firing) recommendation of the investigator,\u201d charged the lawsuit, which seeks unspecified damages from the school, its president and lawsuit, which seeks unspecified damages from the school, its president and its former dean. its former dean. Around the Web Around the Web Find Useful Knowledge Find Useful Knowledge Ethereal Search Engine Ethereal Search Engine Should You Buy an Electric Car? Should You Buy an Electric Car? 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 4/24 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 5/24 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 6/24 Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now 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 Criminal Update: Advancing Equity in Criminal Justice Justice 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 7/24 Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree The New Normal of Selling a Home The New Normal of Selling a Home Today Today Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 8/24 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? Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 9/24 Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 10/24 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 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 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 11/24 Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 12/24 Should You Buy an Electric Car? Should You Buy an Electric Car? Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes 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 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 13/24 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 14/24 Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 15/24 Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com How Long Should Keep My Car? How Long Should Keep My Car? 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 16/24 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 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 17/24 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 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 18/24 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Should You Buy an Electric Car? Should You Buy an Electric Car? 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 19/24 Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes 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 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 20/24 Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness 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 Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 21/24 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 22/24 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com How Long Should Keep My Car? How Long Should Keep My Car? 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, 8:07 Bard College prof sexually assaulted student, says lawsuit 23/24 2020 2020 \ue907 \ue907May May \ue907 \ue90719 19 The New Normal of Selling a Home The New Normal of Selling a Home Today Today 2/22/25, 8:07 Bard College prof sexually assaulted student, says lawsuit 24/24", "8589_103.pdf": "Percussion instruments set up for Stravinsky \u201cSoldier\u2019s Tale.\u201d Image via Flickr/user:vxla. (CCA-BY-2.0). Avalon Packer says her music instructor was terminated after she reported him\u2013but later found out other students had complained about him, too Bard College music student is suing the school, alleging that an instructor who was recently fired for sexual harassment should have been removed from his position even earlier. The New York Times reports that the lawsuit was filed on Tuesday by 21-year percussionist Avalon Packer. Packer, says the Times, enrolled at Bard in 2016. She later accused music instructor Carlos Valdez, the college\u2019s percussion instructor, of rubbing his crotch against her while he had an erection. Packer also claims that Valdez later tried to forcibly kiss him. Valdez was terminated in early 2020, after a Bard College investigation found Packer\u2019s complaints credible. However, Packer\u2019s own review of the investigation notes found that Valdez had been the subject of two other Title complaints. In both cases, investigators found the complaints credible and recommended that Valdez be fired Lawsuit: Bard College Student Says She Was Sexually Harassed By Music Instructor \u2014 May 27, 2020 2/22/25, 8:07 Lawsuit: Bard College Student Says She Was Sexually Harassed By Music Instructor - Legal Reader 1/4 Bard College building. Image via Wikimedia Commons. Public domain. \u201cFor years, Bard College knowingly employed a sexual predator as an instructor in its music program and allowed him to prey on students,\u201d the lawsuit says. But instead of vacating Valdez, Bard allowed him to draft written apologies and take an online anti- harassment course. \u201cThey obviously protected somebody who didn\u2019t deserve to protection, when in fact their whole commitment is to protect students,\u201d Packer said in an interview. Bard, however, says that Packer either misrepresented or misinterpreted the outcome of the school\u2019s prior investigations. According to Bard, officials followed investigators\u2019 recommendations and terminated Valdez following the first complaints against him. But Valdez was reinstated after appealing the decision; he was required to abide by a variety of conditions. \u201cBard College takes all complaints of sexual misconduct with the utmost gravity,\u201d Bard said in a statement. \u201cThe College administration,\u201d Bard added, \u201calso made unannounced visits to his class sessions and tutorials to monitor his actions.\u201d While Valdez has disputed the claims against him, Packer claims he essentially \u201cgroomed\u201d her. At first, the percussion instructor praised her musical abilities, then began giving her extra attention. That attention, says the lawsuit, eventually escalated into sexual abuse and harassment. \u201cValdez groomed Ms. Packer [\u2026] He then used his power and influence he had developed over time to repeatedly assault her in his basement office during private music lessons,\u201d the lawsuit claims. Packer\u2019s complaint alleges that Valdez told her not to bother reporting him, since he \u201calways wins.\u201d \u201cMs. Packer felt betrayed by a mentor with whom she had previously felt a close connection,\u201d the suit says. \u201cOver time, Ms. Packer fell into a depression, often feeling like she was not living in her body.\u201d Ali Frick, a Kaufman Lieb Lebowitz & Frick attorney representing Packer, said it is important for Bard to be held accountable for its inaction. \u201cBard\u2019s own investigation of Ms. Packer\u2019s complaint found that Valdez had behaved inappropriately with numerous students,\u201d Frick said. \u201cIt must be held accountable for deliberately exposing Ms. Packer to this dangerous man.\u201d Sources Bard College Music Student Sues School, Citing Instructor\u2019s Conduct Lawsuit: Creepy Bard College music professor preyed on female students as school ignored his behavior Student Sues Bard College for Retaining Known Sexual Harasser Join the conversation a year ago 2 comments Understanding dog bite laws can help ensure the safety of individuals and promote \u2026 Virginia Dog Bite Virginia Dog Bite Law Law \u2022 a year ago 2 comments Native American organization has filed a lawsuit against the \u2026 Controversial Controversial Native Native American American \u2026 \u2026 \u2022 2 years ago 2 comments Homeless camps, often tucked away in public parks and open spaces, present \u2026 Are Are Evictions Evictions from from Homeless Homeless Camps Camps \u2026 \u2026 \u2022 a year ago 3 comments Consumer Reports\u2019 new initiative advocates for a Federal Motor Vehicle \u2026 Consumer Consumer Reports\u2019 Reports\u2019 Initiative Initiative to to Better Better \u2026 \u2026 \u2022 a year ago 1 comment Dr. Meryl Nass spoke frankly about the government\u2019s handling of Science Science Adviso Adviso Dr. Dr. Meryl Meryl Nass Nass \u2026 \u2026 \u2022 2/22/25, 8:07 Lawsuit: Bard College Student Says She Was Sexually Harassed By Music Instructor - Legal Reader 2/4 About Ryan J. Farrick Ryan Farrick is a freelance writer and small business advertising consultant based out of mid- Michigan. Passionate about international politics and world affairs, he\u2019s an avid traveler with a keen interest in the connections between South Asia and the United States. Ryan studied neuroscience and has spent the last several years working as an operations manager in transportation logistics. Read more articles by Ryan J. Farrick \uf104 Victims Plead for Purdue to be Held Accountable Green Light Law Makes it a Felony for New York Cops to Share Immigrant Info with \uf105 avalon packer Bard bard college carlos valdez Sexual harassment Title university What do you think? 0 Responses Share Best Newest Oldest Upvote Funny Love Surprised Angry Sad 0 Comments \ue603 1 Login Name Start the discussion\u2026 ? Be the first to comment. Subscribe Privacy Do Not Sell My Data \uf109 \uf09a \uf099 Trending 2025 Guest Posting Program Blog vs YouTube Over Other Websites: How to Choose Investigation Reveals Goodyear\u2019s Dunlop D402 Tires Have Caused Dozens of Motorcycle Accidents Behind the Story of Ghostbed vs. Purple Mattress Lawsuit How Green Are Those New Cassava Bags? Settlement Agreement Could Help Keep Mentally Ill Out of Washington Jails 2/22/25, 8:07 Lawsuit: Bard College Student Says She Was Sexually Harassed By Music Instructor - Legal Reader 3/4 About Legal Reader Legal Reader is devoted to protecting consumers. We take pride in exposing the hypocrisy of corporations, other organizations, and individuals whose actions put innocent people in harm\u2019s way. We are unapologetic in our dedication to informing the public and unafraid to call out those who are more focused on profits than people\u2019s safety. Read more \u00a9 2000-2025 2/22/25, 8:07 Lawsuit: Bard College Student Says She Was Sexually Harassed By Music Instructor - Legal Reader 4/4", "8589_104.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Bard College allowed music teacher to assault student, lawsuit alleges By Ben Feuerherd Published May 19, 2020 Updated May 20, 2020, 2:05 p.m Horrific video shows teen powerlifting champion being fatall\u2026 Indiana husband kills wife on Valentine\u2019s Day after she \u2018just didn\u2019t\u2026 Girlfr boyfr cover News Metro Long Island Politics World News 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 1/8 Bard College music student was sexually harassed by her percussion instructor \u2014 all because the school knowingly allowed him to continue teaching after several other students made similar complaints, a new lawsuit claims. Drum teacher Carlos Valdez, allegedly groomed the student before she started classes at the school, sending her messages on social media and creating a mentor-mentee relationship, according to the suit. When she started at the school in 2016, he pushed her to take private lessons with him, offering her a private room in the basement of the school near his office. Juliet Meyers How George Soros indoctrinates the next generation Russia declares Bard College program \u2018threat\u2019 to \u2018order and security inmates crush Harvard\u2019s title-winning debate team 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 2/8 At the beginning of each private lesson, Valdez gave her a long hug and eventually began asking her about her personal life \u2014 including her boyfriends, the suit states. He then began massaging her back after saying her posture needed improvement \u2014 and urging her to play the drums more loudly so her breasts would bounce while she played, according to the suit. On one occasion, he grabbed her and forcibly kissed her, the student says in the suit. The student then switched her academic focus in an effort to get away from Valdez and eventually grew depressed after the teacher allegedly retaliated against her by badmouthing her and downplaying her musical ability to other students. She eventually filed a Title complaint against Valdez at the school, according to the suit. The school fired Valdez after investigating the student\u2019s claim, but she discovered he\u2019d been the subject of two previous complaints prior to her experiences. The student claims the school president, Leon Botstein, and Dean Mich\u00e8le Dominy, shoulder the responsibility of Valdez\u2019s actions because they knew he had a history of sexual misconduct, but allowed him to continue teaching. The student is seeking unspecified damages. Bard College and Valdez did not immediately return request for comment. 00:00 04:00 Before you go ... 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 3/8 , 5/19/20 rolling out 230 virus-killing lamps on subways Perspective: Neurofilament Light as a Biomarker in Mouse to Advance Neurological\u2026 GenomeWeb [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been\u2026 Novelodge Which car has priority? 80% answer incorrectly! Tips and Tricks [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate Before you go ... 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 4/8 Kanye West & Bianca Censori Call It Quits After 2 Years NYPost.com NYU's College Republicans President Resigns After Barron Comment NYPost.com Plan Your Next Mexico Vacation - The Adventure Awaits! Mexico Vacation \| Search Ads Mexico Vacation [Story] Wife Keeps Locking Herself In Bathroom With Dog Until Husband Notices Mark O\u2026 Before you go ... 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 5/8 The Most Inbred People In History Are Truly Painful To Look At Grunge.com Trump's Pam Bondi's Disaster 'Do Is Such Rookie Mistake TheList.com Witnesses Are Stunned By Diddy's Eye- Popping New Appearance PageSix.com These Iconic Stars Have Been Open About Their Sex Addiction Women.com The Tragedy Of Guy Fieri Just Gets Sadder And Sadder Mashed.com The Long List Of Celebs Who Fled America After Trump's Election TheList.com Powered by ZergNet Before you go ... 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 6/8 Jenny Slate allegedly filed complaint while filming 'It Ends With Us' due to 'uncomfortable' interaction: report Ross Mathews Snaps At Valerie Bertinelli For Questioning His Party Habits On Before you go ... 2/22/25, 8:07 Bard College allowed teacher to assault student: lawsuit 7/8 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 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, 8:07 Bard College allowed teacher to assault student: lawsuit 8/8"}
7,269	Joshua Perlstein	Central Connecticut State University	[ "7269_101.pdf", "7269_102.pdf", "7269_103.pdf", "7269_104.pdf", "7269_105.pdf" ]	{"7269_101.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, 8:07 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, 8:07 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, 8:07 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, 8:07 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, 8:07 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, 8:07 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, 8:07 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, 8:07 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, 8:07 seeks to fire two professors for alleged sexual misconduct 9/9", "7269_102.pdf": "The Recorder \u2022 August 27, 2019 \u2022 disgruntled-following-theater-professors-dismissals/ Former Students Remain Disgruntled Following Theater Professors Dismissals Daniel Fappiano, Editor-in-Chief After Theater professors Joshua Perlstein and Thomas Delventhal were formally dismissed from the university, two former Central Connecticut State students remain disgruntled with how they exited. The Recorder confirmed that Perlstein resigned prior to his termination on May 16, while Deleventhal was terminated on May 24 and is appealing the decision. Anna Kelly, a former Central student, was enrolled in the Theater Department during Perlstein\u2019s tenure. Kelly previously stated in the Recorder\u2019s original April 8, 2018 issue that Pearlstein had kissed her, held her hand and grabbed her butt without her consent. In a new interview with The Recorder, Kelly states that despite Perlstein\u2019s resignation, she is not satisfied with how the process played out. \u201cThere are strong feelings of disappointment that he was able to resign before the hearing, which benefits him in almost every way,\u201d Kelly said. \u201cHe deserved to be fired 10 times over and instead he has been on unpaid leave for a year and can move onto his next teaching position with full benefits and a \u2018spotless\u2019 record.\u201d Outside of Kelly\u2019s feelings towards Perlstein\u2019s resignation, the former student was also disappointed with his public apology. In the statement published by the Mirror, Perlstein acknowledged his actions via email while stating some of the steps he has taken to move past the incident. Pearlstein stated that he spent time at a refugee camp in Palestine, trained in Restorative Justice techniques and became a Court Appointed Special Advocate through the Department of Children and Families among other actions. He ended his statement by saying, \u201cIt 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 will satisfy them. And if not hope they will contact me and let me know what more can do.\u201d Perlstein was unable to be reached for comment on this story. Kelly shared that she felt disgust from Perlstein\u2019s apology and believes that it underlined his overall \u201cself-obsession.\u201d \u201c[Perlstein] has so little self- awareness or empathy for any of the women he victimized over the years,\u201d Kelly said. \u201cThere was no admission of guilt, no personal responsibility and no apology. The whole thing was just a self-indulgent personal highlight and incredibly insulting to read.\u201d Going forward, Kelly is hopeful that Perlstein\u2019s actions will remain on the record can only hope that his actions will speak louder than his record and that future employers will be wise enough to get his full history before putting him in a position of authority over any marginalized group,\u201d Kelly said. Kelly is not the only one who disaproves of how the professors actions have been handled. Former Central student Brooke Emigh was \u201cdisgusted\u201d by Delventhal\u2019s decision to appeal. Emigh stated in The Recorder\u2019s original Jan. 21, 2019 issue that she experienced inappropriate advances from Delventhal, such as unwanted hugs, kissed and back massages, multiple times through out the Fall 2017 semester. Delventhal was unable to be reached for comment on this story. \u201cDelventhal should never be allowed to teach again,\u201d Emigh stated during a recent interview am disgusted that there is an appeal happening and if re-hires him, it will completely dishonor all the individuals over the past 20+ years who have been affected by both Delventhal and Perlstein.\u201d Following Delventhal\u2019s treatment, Emigh expressed that she has suffered from mental and physical health problems have nightmares of Delventhal and Perlstein almost every single night,\u201d Emigh said would not feel safe knowing Delventhal and/or Perlstein would be allowed to teach again.\u201d Emigh, who was forced to move to a different state, feels that Central should implement a consent form in the wake of Perlstein and Delventhal\u2019s terminations strongly believe that the Theatre Department needs a consent form for each theatre class,\u201d Emigh said. \u201cIt is not an explicit notion that one is going to be touched in a theatre class. That is not something individuals have to be okay with in order to take a theatre class.\u201d While neither Kelly nor Emigh continue to attend the university, both were directly involved with Pearlstein and Delventhal\u2019s actions. As the Theatre professors leave campus, both students still have concerns with their dismissals. In a statement to The Recorder President Dr. Zulma Toro said, \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 challenging and frustrating, but we are moving forward.\u201d Kelly remains hopeful that CCSU\u2019s decision will allow the campus to be much safer for future students. \u201cSeeing him removed from campus permanently is a huge victory for the university,\u201d Kelly said believe it will continue to usher in an important new chapter for the school and specifically the Theatre department.", "7269_103.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, 8:08 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, 8:08 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, 8:08 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, 8:08 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, 8:08 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, 8:08 Two professors now out after sexual misconduct investigation 6/6", "7269_104.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, 8:08 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, 8:08 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, 8:08 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. This article tagged under Play Now Play War Thunder now for free Access all channels anywhere, anytime Play Now War Thunder - Register now for free and play against over 75 Million real Players Incredible, the box everyone is talking about: Access all channels Play Now Crossout 2.0: Supercharged 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 4/11 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 5/11 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 6/11 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 7/11 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 8/11 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 9/11 Weather Forecast 25\u00b0 Partly Cloudy 0% Precip 25 42 Public Inspection File Accessibility Employment Information Applications Privacy Policy Cookie Notice 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 10/11 Terms of Service Advertise with us Send Feedback Notice Ad Choices Copyright \u00a9 2025 NBCUniversal Media, LLC. All rights reserved 2/22/25, 8:08 Announces Personnel, Organizational Changes Amid Misconduct Investigation Connecticut 11/11", "7269_105.pdf": "BRITAIN, Conn. (AP) \u2014 Newly released documents show that a Connecticut university professor who was suspended pending an investigation into allegations of sexual misconduct had been the subject of complaints from women for more than a decade. The employment records of Central Connecticut State University theater professor Joshua Perlstein were released Tuesday after the New Britain Herald filed a Freedom of Information request. The allegations include unwanted touching and inappropriate comments involving students, staff and another professor dating to 2004. One woman told the Hartford Courant that Perlstein tried to kiss her when she was a student in 1998. Perlstein was placed on paid leave in April and the university hired an independent investigator. Perlstein said then the allegations are \u201clong in the past and have been investigated.\u201d He couldn\u2019t be reached for comment Wednesday. Professor faces long history of misconduct allegations Updated 10:14 CST, June 13, 2018 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 8:08 Professor faces long history of misconduct allegations News 1/3 Trump\u2019s attempts to denigrate Zelenskyy have led to a surge in Ukrainian unity 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 Dow falls nearly 750 points and stocks tumble as businesses and consumers worry about tariffs 1 2 3 4 2/22/25, 8:08 Professor faces long history of misconduct allegations News 2/3 Netanyahu decries release of wrong body as a ceasefire violation. Hamas pledges to investigate 5 2/22/25, 8:08 Professor faces long history of misconduct allegations News 3/3"}
8,775	Anthony Marcus	City University of New York - John Jay College	[ "8775_101.pdf", "8775_102.pdf", "8775_103.pdf", "8775_104.pdf", "8775_105.pdf", "8775_106.pdf", "8775_107.pdf" ]	{"8775_101.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade John Jay professors get hit with sex harassment allegations By Melissa Klein and Sara Dorn Published Sep. 8, 2018, 7:31 p.m Horrific video shows teen powerlifting champion being fatall\u2026 Girlfriend beat boyfriend to death, covered his face with\u2026 Indian wife o after s News Metro Long Island Politics World News 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 1/9 #MeToo has hit one of the nation\u2019s top criminal-justice colleges. John Jay College has placed four professors \u2014 including three former department chairmen \u2014 on paid leave following sexual-harassment complaints, sources told The Post. From left: Marcus Anthony, Barry Spunt and Curtis Ric John Jay College John Jay College campus sexual assault received \u2018delayed response\u2019 as school failed to notify NYPD, release any specifics professor in alleged drug-dealing, student-sex scandal at John Jay College will shockingly return to classroom suspects busted in serious crimes more likely to be re-arrested under bail reform: study 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 2/9 \u2018It\u2019s a place that is supposed to be better than that . . . They should be held to a higher standard . . . There\u2019s no excuse for this John Jay grad student Among the accused are Barry Spunt, an associate sociology professor and former chair of that department; Anthony Marcus, a professor and former chair of the anthropology department; and Ric Curtis, a professor and former chair of the anthropology department and former interim chair of the department of law and police science. An adjunct professor also stands accused. After The Post began asking questions late last week about the allegations, the Midtown-based public college\u2019s president, Karol Mason, sent an e-mail alerting students and staffers to the situation. \u201cUpon receiving complaints alleging inappropriate conduct by certain faculty members, we launched an investigation into the matter and have engaged an outside investigator to assist us. We are committed to a swift, thorough, and fair investigation, which is ongoing,\u201d Mason wrote Friday John Jay grad student said of the message was so disgusted that deleted it. For someone to be teaching at John Jay College of Criminal Justice and engaging in [that behavior] is disgusting. \u201cIt\u2019s a place that is supposed to be better than that . . . They should be held to a higher standard . . . There\u2019s no excuse for this.\u201d The state Inspector General\u2019s Office is already probing other employment issues at John Jay, but a spokesman at the office would not comment on whether it was involved in this matter college spokesman would not provide information other than to reiterate Mason\u2019s statement. The college would not say if the accusers were students or staff or both. The college is taxpayer-funded and part of the City University of New York. It enrolls some 15,000 students, many of whom aspire to join law enforcement or already work as cops and firefighters. Public records show Curtis was paid $194,557 in 2017, Marcus got $150,854, and Spunt $125,362. Spunt\u2019s lawyer, Carmen Jack Giordano, said his client \u201cplans on cooperating with their investigation, and he will be vindicated at the conclusion based on the evidence that I\u2019ve seen of the falsity of the allegations made against him.\u201d Giordano would not detail the allegations other than to say they were \u201cvague and nebulous\u201d and made by a single individual. Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 3/9 \u201cProfessor Spunt is completely innocent, and it\u2019s a shame how people with hidden agendas and nefarious intentions can manipulate the system and the public in the name of #MeToo,\u201d he said. Spunt has taught at John Jay since 1993. His research has included the history of heroin in New York City. Marcus, whose automatic e-mail response said he was \u201con leave,\u201d declined to comment to The Post when a reporter phoned. The prof has done research in honor killings, prostitution and the sexual exploitation of children, according to his r\u00e9sum\u00e9. Curtis, an oft-quoted expert on drug use and the heroin market in New York City, did not respond to requests for comment. He joined John Jay as an adjunct in 1988. Tabrina Youmans, a 2017 John Jay grad who did research with Curtis, called him low-key, \u201cunderstanding and approachable.\u201d John Jay College David McGlynn Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 4/9 don\u2019t see his behavior ever being misconstrued as anything other than professional even outside of a classroom setting,\u201d Youmans said. Classes at John Jay, on West 59th Street, began on Aug. 27. The college faced a controversy last September after Michael Isaacson, an adjunct economics professor there and self-proclaimed anti-fascist activist, tweeted that \u201cit\u2019s a privilege to teach future dead cops.\u201d He was put on leave and no longer teaches there. And last fall, the college came under fire for hosting an exhibit of art by Guantanamo Bay detainees. The Inspector General\u2019s Office last year launched a probe into the college\u2019s employment of two retired cops to chauffeur former President Jeremy Travis, who resigned in August 2017. Both ex-cops were collecting state pensions, and most of their pay came from the Research Foundation to skirt state rules that prevented them from holding taxpayer-funded jobs without a waiver , 9/8/18 'Drunk' man pummels while being treated in ambulance More support for mental health ips-journal.eu Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 5/9 Perspective: Advancing Neurological Disorder Research With Neurofilament Light as a\u2026 GenomeWeb Which car has the right of way? Few people know! Tips and Tricks [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been\u2026 Novelodge [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate [Photos] Her Dress At The Oscars Will Be Spoken About For Centuries Topbunt Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 6/9 Aniston & Obama Rumors Swirl As Former President Dines Alone NYPost.com Tragedy Hits The Mahomes Family Days After His Super Bowl Loss NYPost.com Wendy's May Not Be Around Much Longer & It's Clear Why Thetakeout.com Elizabeth Holmes' Prison Life Is So Much Worse Than We Realized Katiecouric.com Kid Rock Takes Aim At Michelle Obama On Fox News PageSix.com Alina Habba Killer Legs Have Everyone Staring NickiSwift.com Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 7/9 Erik & Lyle Menendez's Plea For New Trial Gets Thumbs Down TMZ.com Bianca & Kanye Split In Wake Of Insane Social Media Rant TMZ.com Powered by ZergNet Jenny Slate allegedly filed complaint while filming 'It Ends With Us' due to 'uncomfortable' interaction: report \u2018The View\u2019: Sunny Hostin Criticizes \u201cTone Deaf\u201d Pete Buttigieg\u2019s Remarks About Before you go ... 2/22/25, 8:09 John Jay College professors get hit with sexual harassment allegations 8/9 \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 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, 8:09 John Jay College professors get hit with sexual harassment allegations 9/9", "8775_102.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Another John Jay College professor accused of sexual harassment By Melissa Klein Published Oct. 2, 2021, 8:59 p.m Indiana husband kills wife on Valentine\u2019s Day after she \u2018just didn\u2019t\u2026 Girlfriend beat boyfriend to death, covered his face with\u2026 Horrif teen p cham News Metro Long Island Politics World News 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 1/11 Associate Professor Carlton Jama Adams has been accused of sexually harassing Judith Sandrine Dikambi according to a lawsuit filed in 2019. Robert Miller John Jay College campus sexual assault received \u2018delayed response\u2019 as school failed to notify NYPD, release any specifics professor in alleged drug-dealing, student-sex scandal at John Jay College will shockingly return to classroom 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 2/11 John Jay College of Criminal Justice grad student says she endured \u201cincessant unwanted sexual advances\u201d from a prominent professor during thesis-writing sessions, according to a lawsuit against the scandal-scarred school. Judith Sandrine Dikambi claims in court papers that Associate Professor Carlton Jama Adams exposed her to \u201ca barrage of unrelenting and daily xenophobic, sexist and vulgar remarks about her African heritage.\u201d Adams, 68, is the former chair of the Africana Studies department at John Jay, which is part of the taxpayer-funded City University of New York. Dikambi, 48, was a John Jay staffer working with international students and also seeking a master\u2019s degree. She asked Adams \u2014 described in court papers as a well-known researcher and speaker \u2014 for help with her thesis. During one 2014 thesis-writing session at his home, \u201cAdams subjected Ms. Dikambi to unwanted oral sexual contact,\u201d Dikambi claims in her suit, which was filed in 2019 in Manhattan federal court suspects busted in serious crimes more likely to be re- arrested under bail reform: study 00:00 04:00 Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 3/11 He once asked, \u201cHow much will it take for me to sleep with you?\u201d the suit alleges. He also groped her \u201cher breasts and buttocks,\u201d papers say. \u201cThroughout her professional relationship with Dr. Adams from 2006 through 2014, Ms. Dikambi endured additional incessant unwanted sexual advances by him,\u201d legal papers say. Dikambi worked in Adams\u2019 department, but was transferred to a different one after she complained of discrimination, according to legal papers which said the move was a demotion. DiKambi filed the suit after an internal investigation substantiated some of her complaints \u2014 including that Adams pulled her hair and said \u201cYou are acting like this because you are African.\u201d But the probe did not substantiate other claims, including the allegation that Adams grabbed her. Federal Judge Ronnie Abrams ruled last month that Dikambi \u201cplausibly alleged a hostile work environment against CUNY\u201d \u2014 allowing the suit to go forward \u2014 and dismissed other claims including for discrimination and retaliation. The suit is the second in recent years charging improper sexual conduct among John Jay profs. Former students Claudia Cojocaru and Naomi Haber alleged in a 2019 federal suit that the college and four professors created \u201ca cesspool of sexism, misogyny, sexual harassment and illegal drug use.\u201d Adams was not a plaintiff in that suit, but Haber contended that she went to the professor\u2019s office in 2015 and that he sat next to her and \u201cPlaced his hands on her legs and began caressing her upper thighs,\u201d legal papers say. Associate Professor Carlton Jama Adams has been accused of saying xenophobic, sexist and vulgar remarks about Judith Sandrine Dikambi\u2019s African heritage 3 Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 4/11 Adams declined to comment on Haber\u2019s allegations and Dikambi\u2019s suit. Haber and Cojocaru\u2019s suit was settled earlier this year, with paying $164,499 to each of them and $281,000 in legal fees. All claims were dismissed except for those made by anthropology professor Ric Curtis contending Haber and Cojocaru defamed him and their counterclaim of retaliation. Curtis also sued and others for discrimination. Naomi Haber (left) and Claudia Cojocaru (right) filed a suit against four professors at John Jay in 2018 alleging that the college created \u201ca cesspool of sexism and misogyny.\u201d Helayne Seidman 3 Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 5/11 Curtis and two of the other professors, Anthony Marcus and Barry Spunt, were placed on paid leave in 2018 and John Jay president Karol Mason said in May 2019 that she would begin termination proceedings. The fourth professor, an adjunct, was not rehired. Curtis, who was paid $141,819 in 2020, is still collecting a paycheck as the disciplinary proceedings against him continue. Marcus, who is still on leave, is set to retire on Dec. 31 and Spunt died in February 2021. \u201cJohn Jay is committed to fostering an environment where every member of the John Jay community is able to learn and work free from any type of harassment or discrimination. There is absolutely no place for sexual harassment or misconduct at John Jay,\u201d a spokesman said , 10/2/21 The college paid $164,499 to two accusers as well as $281,000 in legal fees. David McGlynn 3 'She got lucky': Teen shot in head at park recovering Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 6/11 Perspective: Advancing Neurological Disorder Research With Neurofilament Light as a\u2026 GenomeWeb Which car has priority? 80% answer incorrectly! Tips and Tricks [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 been\u2026 Novelodge Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 7/11 Taylor Swift's Super Inappropriate Outfit Is Beyond Embarrassing Women.com Mahomes' Awkward Super Bowl Moment Is Blowing Up The Internet NYPost.com [Pics] This Is Common in Dubai, And It Happens Every Day Novelodge [Photos] Her Dress At The Oscars Will Be Spoken About For Centuries Topbunt Before you go ... 2/22/25, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 8/11 Kelce Can't Hide His Emotions After Mahomes' Terrible Mistake NYPost.com Everyone Noticed When They Changed Jake From State Farm Looper.com The Long, Long List Of Celebs Who Can't Stand Kamala Harris NickiSwift.com The Shady Side Of Kamala Harris Is Coming To Light Grunge.com Mahomes Faces Family Tragedy Days After His Super Bowl Loss TMZ.com A-List Actors Who Said No To The Looper.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, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 9/11 \u2018The View\u2019: Sunny Hostin Criticizes \u201cTone Deaf\u201d Pete Buttigieg\u2019s Remarks About 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, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 10/11 \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, 8:09 Exclusive \| John Jay College professor Carlton Jama Adams accused of sexual harassment 11/11", "8775_103.pdf": "From Casetext: Smarter Legal Research Cojocaru v. City Univ. of Jul 7, 2020 19 Civ. 5428 (AKH) (S.D.N.Y. Jul. 7, 2020) Copy Citation Download Check Treatment Meet CoCounsel, pioneering that\u2019s secure, reliable, and trained for the law. Try CoCounsel free 19 Civ. 5428 (AKH) 07-07-2020 and HABER, Plaintiffs, v d/b/a JUSTICE, et al., Defendants : Sign In Search all cases and statutes... Opinion Case details 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 1/14 Claudia Cojocaru and Naomi Haber (collectively, \"Plaintiffs\") brought this suit alleging that several professors, Defendants Ric Curtis, Anthony Marcus, Leonardo Dominguez, and Barry Spunt (collectively, the \"Individual Defendants\"), subjected them to gender discrimination, retaliation, and for some Individual Defendants, gender-based violence. They further allege that their university, City College of New York d/b/a John Jay College of Criminal Justice (\"John Jay\"), failed to investigate properly and take corrective action. Defendants Curtis, Dominguez, and Spunt (collectively, the \"Counterclaim Defendants\") brought counterclaims for defamation, and Curtis brought an additional counterclaim for tortious interference with contract and business relations. Plaintiffs move to dismiss the counterclaims grant the motion in part and deny it in part. My reasons follow. 2 2 1 1 Facts are taken from Plaintiffs' Amended Complaint and from the Counterclaim Defendants' respective counterclaims. For the purpose of adjudicating Plaintiffs' motion to dismiss the counterclaims assume all factual allegations in the Counterclaim Defendants' answers and counterclaims to be true. Khodeir v. Sayyed, 323 F.R.D. 193, 198, 200-01 (S.D.N.Y. 2017). Plaintiffs were undergraduate students at John Jay, Cojocaru, between 2012 and 2014, and Haber, between 2013 and 2017. Cojocaru also served as an adjunct professor from 2017 to 2019. During Plaintiffs' time at John Jay, Defendants Curtis, Marcus, and Spunt were professors, and Defendant Dominguez was an adjunct professor. The offices of Curtis, Marcus, and Dominguez were located in a suite professors called the \"Swamp.\" In the Swamp, professors allegedly referred to students using offensive terms like \"bitch\" and \"slut,\" mocked students who were victims of sexual violence, made sexual comments about students, and openly sold and used illegal drugs. Plaintiffs claim that on multiple occasions they were subjected to assaults and/or unwanted sexual advances by the Individual Defendants. For example, according to Plaintiffs' Amended Complaint, Curtis encouraged Cojocaru to drink alcohol before sexually 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 2/14 assaulting her, Spunt groped Cojocaru, Marcus jumped onto a bed with Cojocaru and punched her multiple times, Curtis tried to pressure Haber into having sex with other professors, Curtis and Dominguez groped Haber, and Marcus raped Haber. Beginning in 2015, Plaintiffs complained to John Jay staff about the Individual Defendants' behavior, but staff did not act on those complaints. In 2018, Plaintiffs filed complaints with John Jay's Title office and, subsequently, with John Jay's Deputy Director of Compliance and Diversity and John Jay's Executive Counsel. Plaintiffs say the resulting investigation was biased, incomplete, and marred by improper conduct, and caused Cojocaru to suffer trauma, causing Cojocaru's psychiatrist to recommend that she stopped sitting for in- 3 person interviews during the investigation. The complaint alleges that John Jay officials said they would accommodate Cojocaru but then said that her failure to appear for interviews damaged her credibility. At the conclusion of the investigation, John Jay announced that it would initiate disciplinary procedures to terminate the Individual Defendants. 3 In the Amended Complaint, Plaintiffs bring claims against John Jay for gender discrimination and retaliation in violation of Title IX, Title VII, the New York State Human Rights Law (\"NYSHRL\"), and the New York City Human Rights Law (\"NYCHRL\"), and for violation of the Equal Protection Clause of the Fourteenth Amendment. Cojocaru also brings claims against John Jay for disability discrimination in violation of the NYSHRL, NYCRL, and Americans with Disability Act (\"ADA\"). Plaintiffs bring claims against all Individual Defendants for aiding and abetting gender discrimination in violation of the and NYCHRL; against Curtis, Marcus, and Dominguez for violation of the Gender Motivated Violence Act (\"GMVA\"); and against Curtis, Spunt, and Dominguez for retaliation in violation of the and NYCHRL. In their respective answers to the Amended Complaint, Curtis, Dominguez, and Spunt deny Plaintiffs' allegations and bring counterclaims against Plaintiffs. The Counterclaim Defendants say that Plaintiffs have initiated sexual conversations with professors, that Cojocaru has a long history of 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 3/14 making complaints about others in academia, and that Plaintiffs had ulterior motives to fabricate allegations. All three Counterclaim Defendants bring a claim for defamation, libel, and slander per se against Plaintiffs in connection with an interview they gave to the New York Post. The interview resulted in an article published on September 22, 2018 (the \"Article\"), which was titled \"College professors allegedly sold drugs, 'pimped' out students.\" The Article contained 4 many of the same accusations as those in the Amended Complaint, including that professors sexually assaulted Plaintiffs and encouraged them to have sex with other professors. In his first counterclaim, Curtis also highlights that Plaintiffs repeated similar allegations in meetings with the New York City Police Department's Special Victims Unit, the New York County District Attorney's sex crimes unit, and the New York State Inspector General's Office, and later in an additional interview with the New York Post. The second New York Post interview resulted in an article titled \"Professors accused of pimping out students got nearly $500K to study prostitution.\" In their counterclaim, Dominguez and Spunt describe text messages between Cojocaru and her former fianc\u00e9. In those text messages, Cojocaru falsely claimed that Dominguez sexually assaulted a student, was part of a conspiracy to commit statutory rape of underage sex workers, and may have killed a sex worker. She also falsely claimed that Spunt groped her. 4 Additionally, Curtis brings a second counterclaim against Plaintiffs for defamation, libel, and slander per se in connection with Plaintiffs' social media posts. On Instagram and Twitter, Cojocaru allegedly made statements such as \"serial sexual predator and fake PhD gets to be suspended without pay while his victims struggle to make ends meet.\" In reaction to a news story about Jeffrey Epstein, Cojocaru wrote, \"We only have to look at cases where men in positions of power gain trust-men like catholic priests, university professors . . . . These men have power and privileges, complete with a network of enablers and accomplices, shielding them from accountability for decades. Some even have institutional legitimacy, like the disgraced @JohnJayCollege professors.\" Finally, Curtis brings a counterclaim against Plaintiffs for tortious interference with contractual and business relations. He alleges that 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 4/14 Plaintiffs' false accusations led John Jay 5 to suspend him and commence termination proceedings, in breach of his contractual, business, and professional relationship with John Jay and the City University of New York. 5 \"The pleading standard applicable to complaints under Federal Rule of Civil Procedure 12(b)(6) applies equally to counterclaims.\" Burton v. Label, LLC, 344 F. Supp. 3d 680, 691-92 (S.D.N.Y. 2018). Thus, the Counterclaim Defendants' counterclaims \"must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'\" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). For purposes of this motion assume all factual allegations in the Counterclaim Defendants' answers and counterclaims are true, and draw all reasonable inferences in their favor. Khodeir v. Sayyed, 323 F.R.D. 193, 198, 200-01 (S.D.N.Y. 2017). I. The Counterclaim Defendants' Defamation Claims \"Defamation is the injury to one's reputation either by written expression, which is libel, or by oral expression, which is slander.\" Idema v. Wager, 120 F. Supp. 2d 361, 365 (S.D.N.Y. 2000). \"Under New York law, the elements of a defamation claim are 'a false statement, published without privilege or authorization to a third party, constituting fault . . . and it must either cause special harm or constitute defamation per se.'\" Peters v. Baldwin Union Free Sch. Dist., 320 F.3d 164, 169 (2d Cir. 2003) (quoting Dillon v. City of New York, 261 A.D.2d 34, 38 (1st Dep't 1999)). Plaintiffs assert that Dominguez and Spunt's claims are time barred as to certain statements, that all the alleged defamatory statements are privileged, that certain statements are not actionable because they are statements of opinion, and that all Counterclaim Defendants fail to allege special damages or defamation per se. 6 6 A. Timeliness The statute of limitations for a defamation claim brought under New York law is one year, running from the date of the publication of the alleged 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 5/14 defamatory statement. See N.Y. C.P.L.R. 215(3); Enigma Software Grp v. Bleeping Computer LLC, 194 F. Supp. 3d 263, 276 (S.D.N.Y. 2016 defense or counterclaim is not barred if it was not barred at the time the claims asserted in the complaint were interposed . . . .\" N.Y. C.P.L.R. 203(d). In other words, \"under New York law, the statute of limitations on all counterclaims is tolled upon filing of the plaintiffs' complaint.\" Weiss v. La Suisse, 161 F. Supp. 2d 305, 314 (S.D.N.Y. 2001); see also Lessord v. Gen. Elec. Co., 258 F. Supp. 2d 209, 212 (W.D.N.Y. 2002) (federal courts exercising supplemental jurisdiction apply state tolling rules to state law claims). However 203(d) does not apply to counterclaims asserted in an amended answer.\" Coleman, Grasso & Zasada Appraisals Inc. v. Coleman, 246 A.D.2d 893, 894 (3d Dep't 1998); see also Rosenfeld v. City of New York, No. 06- CV-1979, 2009 10701874, at 3 (E.D.N.Y. Jan. 11, 2009) (\"[A]lthough the tolling provision of subsection 203(d) clearly applies to counterclaims asserted in a defendant's initial answer to the original complaint, courts have typically not considered it to be applicable to counterclaims asserted in subsequent pleadings filed by a defendant - i.e., either in an answer to an amended complaint or in an amended answer to the original complaint.\"). Plaintiffs argue that Dominguez and Spunt's defamation claims must be dismissed to the extent they are based on Cojocaru's text messages to her former fianc\u00e9. Cojocaru allegedly sent the text messages on August 6, 2018, October 11, 2018, and November 29, 2018. Plaintiffs filed their first complaint (the \"Initial Complaint\") on June 10, 2019. In their first answers and counterclaims (the \"Initial Answers\") filed in response to the Initial Complaint, 7 Dominguez and Spunt did not make allegations about the text messages. See Nos. 46, 47. Their counterclaims in the Initial Answers were based only on the alleged New York Post interviews. On December 20, 2019, Dominguez and Spunt filed amended answers and counterclaims (the \"Amended Answers\") in response to the Initial Complaint. See Nos. 52, 53. In those Amended Answers, Dominguez and Spunt raised for the first time the issue of the text messages. Because the text messages were not raised in the Initial Answers, Plaintiffs argue that these allegations were not tolled as of the date of the Initial Complaint and are therefore time barred. 7 2 2 Plaintiffs filed the operative complaint, the First Amended Complaint, on February 6, 2020. In their answer and counterclaims filed in response to the 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 6/14 First Amended Complaint, Dominguez and Spunt reiterated their allegations regarding the text messages. Plaintiffs concede that any counterclaims asserted in the Initial Answers are timely under C.P.L.R. 203(d), and Dominguez and Spunt concede that they did not raise the issue of the text messages until the Amended Answers. Thus, the key question is whether the allegations regarding text messages in the Amended Answers relate back to the Initial Answers hold that they do not. Under Federal Rule of Civil Procedure 15(c)(1)(B), \"[a]n amendment to a pleading relates back to the date of the original pleading when . . . the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out--or attempted to be set out--in the original pleading.\" \"An amendment will not relate back if it sets forth a new set of operational facts; it can only make more specific what has already been alleged.\" Pruiss v. Bosse, 912 F. Supp. 104, 106 (S.D.N.Y. 1996). Courts in this district have held that defamation 8 claims do not relate back to a prior pleading where they allege \"new instances of defamation.\" Id.; see also Purnell v. Diesso, No. 94 Civ. 4361, 1996 37770, at 2 (S.D.N.Y. Jan. 31, 1996) (\"With respect to claims of defamation and libel, each publication gives rise to a separate cause of action and does not relate back to an earlier publication.\"); Kirkland v. City of Peekskill, 634 F. Supp. 950, 952-53 (S.D.N.Y. 1986) (declining to allow relation back where new claims involved different conversation than claims in prior pleading). This is true even where the content of the alleged defamatory statements is the same. See Pruiss, 912 F. Supp. at 106. New York courts applying C.P.L.R. 203(f) hold similarly. Williams v. Varig Brazilian Airlines, 169 A.D.2d 434, 437 (1st Dep't 1991) (allegations of defamation did not relate back to allegations from earlier time period). While the alleged text messages concerned the same general subject matter as the New York Post interviews, they were a separate publication, directed toward a different recipient, and included some distinct accusations. Therefore, those allegations do not relate back to the Initial Answers and are time barred because they were asserted more than one year after their publication. 3 8 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 7/14 3 \"Where a state claim is at issue for purposes of relation back 15(c)(1) requires that a Court apply the more permissive standard as between state and federal law.\" Palatkevich v. Choupak, 152 F. Supp. 3d 201, 225 n.18 (S.D.N.Y. 2016). As relevant here, federal and state law impose similar standards, looking at whether the claims in the amended pleading arise out of the same transaction or occurrence as those in the original pleading. Compare Fed. R. Civ. P. 15(c)(1)(B), with N.Y. C.P.L.R. 203. B. Privilege Plaintiffs contend that their New York Post interviews, social media posts, and text messages are privileged because they are reports on official proceedings, including the investigations conducted by CUNY, the New York County District Attorney's Office, and the New York State Inspector General's Office. Under New York Civil Rights Law \u00a7 74, \"[a] civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published.\" \"The purpose of the statute in part is to implement the public policy in favor of encouraging 9 publication and dissemination of judicial decisions and proceedings as being in the public interest.\" Beary v. West Publ'g Co., 763 F.2d 66, 68 (2d Cir. 1985). The privilege extends to \"statements published not only by the media, but also by parties or their counsel.\" Wexler v. Allegion (UK) Ltd., 374 F. Supp. 3d 302, 311 (S.D.N.Y. 2019). 9 At this stage, the Court cannot determine as a matter of law that the privilege applies. To be subject to the privilege, the alleged statements must be a \"fair and true\" account of the proceeding, meaning they must be \"substantially accurate.\" Holy Spirit Ass'n for Unification of World Christianity v. N.Y. Times Co., 399 N.E.2d 1185, 1187 (N.Y. 1979). Additionally, \"'[i]f context indicates that a challenged portion of a publication focuses exclusively on underlying events, rather than an official proceeding relating to those events, that portion is insufficiently connected to the proceeding to constitute a report of that proceeding.'\" Wexler, 374 F. Supp. 3d at 312 (quoting Fine v. ESPN, Inc., 11 F. Supp. 209, 217 (N.D.N.Y. 2014)). These are all context-dependent and disputed questions of fact that cannot be resolved at the pleading stage, particularly where the Plaintiffs do not 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 8/14 Gross, 623 N.E.2d at 1167 (internal quotation marks omitted). provide the full content of the purported official proceedings giving rise to the privilege. See Wexler, 374 F. Supp. 3d at 313-14 (declining to grant summary judgment where it was unclear whether statements in article were reporting on allegations in lawsuit or making independent accusation); Wenz v. Becker, 948 F. Supp. 319, 324 (S.D.N.Y. 1996) (finding material issues of fact as to whether report of proceedings, when compared against court documents from proceedings, was fair and true). C. Opinion \"Since falsity is a necessary element of a defamation cause of action and only 'facts' are capable of being proven false, 'it follows that only statements alleging facts can properly be the subject of a defamation action.'\" Gross v. N.Y. Times Co., 623 N.E.2d 1163, 10 1167 (N.Y. 1993) (quoting 600 West 115th Street Corp. v. Von Gutfeld, 603 N.E.2d 930, 934 (N.Y. 1992)). As a result, a statement of pure opinion cannot be the subject of a defamation claim. Davis v. Boeheim, 22 N.E.3d 999, 1004 (N.Y. 2014). Whether a statement expresses fact or opinion is a question of law for the court and \"must be answered on the basis of what the average person hearing or reading the communication would take it to mean.\" Steinhilber v. Alphonse, 501 N.E.2d 550, 553 (N.Y. 1986). The court should consider: 10 (1) whether the specific language in issue has a precise meaning which is readily understood; (2) whether the statements are capable of being proven true or false; and (3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to signal . . . readers or listeners that what is being read or heard is likely to be opinion, not fact. Plaintiffs contend that some of their alleged statements are statements of opinion and therefore are not actionable for defamation. See Pl. Br. at 13-14 (cataloguing purported statements of opinion). For example, according to Plaintiffs, statements categorizing Curtis as a \"ringleader\" and asserting that he encouraged Haber to have sex with other professors were merely Plaintiffs' interpretations of conduct and events. Additionally, Plaintiffs 4 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 9/14 argue, Haber's statements that the toxic environment at John Jay made her suicidal and \"killed [her] spiritually in a way\" are merely descriptions of her feelings. Finally, they argue, Cojocaru's social media posts should be considered opinion because they were made in the context of a heated public dispute. 4 \"Pl. Br.\" refers to Plaintiffs' Motion to Dismiss the Counterclaims Asserted by Defendants Ric Curtis, Barry Spunt and Leonardo Dominguez No. 82 hold that Counterclaim Defendants sufficiently plead that the vast majority of Plaintiffs' alleged statements are statements of fact, or at worst statements of mixed opinion, that 11 are subject to a defamatory meaning. Haber's alleged statements that Curtis encouraged her to have sex with other professors is an objective assertion that is provable as either true or false and whose meaning is readily understandable. Statements characterizing Counterclaim Defendants' role in the alleged misconduct, describing the Swamp using terms like \"deprav[ed]\" and \"toxic,\" and comparing John Jay professors to individuals involved in the Jeffrey Epstein case are also actionable. In context, a reader would take these statements to imply sexual abuse, harassment, and other forms of misconduct that are either described in the New York Post article or undisclosed but known to the speakers. Thus, they are actionable. See Restis v. Am. Coalition Against Nuclear Iran, Inc., 53 F. Supp. 3d 705, 719 (S.D.N.Y. 2014) (\"[O]pinions based on false facts are actionable against a defendant who had knowledge of the falsity or probable falsity of the underlying facts.\"); Steinhilber, 501 N.E.2d at 553 (statements of mixed opinion are actionable because of \"the implication that the speaker knows certain facts, unknown to [her] audience, which support his opinion and are detrimental to the person about whom he is speaking\"); see also Biro v. Conde Nast, 883 F. Supp. 2d 441, 462 (S.D.N.Y. 2012) (declining to dismiss defamation claim based on statement that plaintiff was a \"classic con man\" because description implied additional facts known to speaker). 11 The only alleged statements that are not actionable are Haber's alleged statements that her experience at John Jay made her suicidal and that the professors \"killed [her] spiritually in a way.\" These statements reflect her reaction to events. See Chau v. Lewis, 935 F. Supp. 2d 644, 662 (S.D.N.Y. 2013) 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 10/14 (holding that statement describing personal reaction to encounter is statement of pure opinion that cannot form basis for libel claim). Additionally, the latter statement is not susceptible to a precise meaning and is not capable of being proven as true or 12 false. See Gross, 623 N.E.2d at 1167 (listing considerations for court in determining whether statement is one of fact or opinion). 12 D. Damages Counterclaim Defendants sufficiently plead that all the alleged defamatory statements constitute defamation per se. Statements that can constitute defamation per se are \"statements (i) charging plaintiff with a serious crime; (ii) that tend to injure another in his or her trade, business or profession; (iii) that plaintiff has a loathsome disease; or (iv) imputing unchastity to a woman.\" Liberman v. Gelstein, 605 N.E.2d 344, 347 (N.Y. 1992). Many of Plaintiffs' challenged statements concern acts of violence or the sale of drugs. These statements \"charg[e] plaintiff with a serious crime.\" Id. at 347-48; see also Weitsman v. Levesque, No. 3:17-CV-00727, 2018 1990218, at 4 (N.D.N.Y. Apr. 25, 2018) (holding allegations that plaintiff was involved with sale of illegal drugs \"clearly constitute\" allegations of serious crime); Mohen v. Stepanov, 59 A.D.3d 502, 505 (2d Dep't 2009) (assault constitutes serious crime supporting pleading of defamation per se). The remaining statements concern other forms of misconduct toward students or poor academic integrity. When directed at a group of professors, those statements tend to injure the Counterclaim Defendants in their profession. See Kforce, Inc. v. Alden Personnel, Inc., 288 F. Supp. 2d 513, 516 (S.D.N.Y. 2003) (statements that tend to a person in his trade, profession, or business \"allege a link between a particular profession and a particular disreputable vice of that profession\"). Because the Counterclaim Defendants sufficiently plead defamation per se, \"the law presumes that damages will result, and they need not be alleged or proven.\" Liberman, 605 N.E.2d at 347-48. 13 13 II. Curtis's Tortious Interference Claim \"Under New York law, the elements of tortious interference with contract are (1) 'the existence of a valid contract between the plaintiff and a third party'; (2) the 'defendant's knowledge of the contract'; (3) the 'defendant's 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 11/14 intentional procurement of the third-party's breach of the contract without justification'; (4) 'actual breach of the contract'; and (5) 'damages resulting therefrom.'\" Kirch v. Liberty Media Corp., 449 F.3d 388, 401 (2d Cir. 2006) (quoting Lama Holding Co. v. Smith Barney Inc., 668 N.E.2d 1370, 1375 (N.Y. 1996)). To state a claim for tortious interference with business relations, a plaintiff must allege that \"(1) there is a business relationship between the plaintiff and a third party; (2) the defendant, knowing of that relationship, intentionally interferes with it; (3) the defendant acts with the sole purpose of harming the plaintiff, or, failing that level of malice, uses dishonest, unfair, or improper means; and (4) the relationship is injured.\" Goldhirsh Grp., Inc. v. Alpert, 107 F.3d 105, 108-09 (2d Cir. 1997). Curtis sufficiently alleges each element. He claims that he had a contractual and business relationship with CUNY, the terms of which included his appointment as professor, tenure status, teaching privileges, and research funding. He further claims that through Plaintiffs' maliciously fabricated allegations, they caused to breach the contract by suspending him without notice or an opportunity to be heard, and by instituting termination proceedings. Alleged damages include economic loss and loss of professional opportunities. Plaintiffs are incorrect that Curtis's tortious interference claim is duplicative of his defamation claims tortious interference claim is properly dismissed as duplicative of a defamation claim where all of the alleged injuries in relation to the tortious interference claim arise from the allegedly defamatory statements. Restis v. Am. Coalition Against Nuclear Iran, 14 Inc., 53 F. Supp. 3d 705, 725-27 (S.D.N.Y. 2014); see also Ripka v. County of Madison, 162 A.D.3d 1371, 1373 (3d Dep't 2018) (\"Plaintiff's causes of action for tortious interference with business relations and prima facie tort cannot survive, as they are based on the same substantive facts pleaded with respect to her defamation cause of action and, thus, are duplicative of that claim.\"). Here, that is not the case. While Curtis's defamation claims are based primarily on Plaintiffs' alleged New York Post interviews and social media posts, the tortious interference claim is based primarily on Plaintiffs' alleged statements to and its investigators. 14 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 12/14 For the foregoing reasons, Plaintiffs' motion to dismiss Curtis, Dominguez, and Spunts' counterclaims is granted to the limited extent that liability cannot be based on Cojocaru's alleged text messages to her former fianc\u00e9 or Haber's alleged statements that her experience made her suicidal and killed her spiritually. The motion is denied in all other respects. The Clerk is directed to close the open motion No. 81). As already scheduled, the parties shall appear for a status conference on July 24, 2020 at 10:00 a.m. to discuss discovery ORDERED. Dated: New York, New York July 7, 2020 /s/ Alvin K. Hellerstein United States District Judge About us Jobs News Twitter Facebook LinkedIn Instagram Help articles Customer support Contact sales Cookie Settings 2/22/25, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 13/14 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, 8:09 Cojocaru v. City Univ. of N.Y., 19 Civ. 5428 (AKH) \| Casetext Search + Citator 14/14", "8775_104.pdf": "Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct In a complaint, two former students at Jay's College of Criminal Justice claim they were cultivated by a faculty clique to be part of the so-called \"Swamp,\" where drugs and sexual harassment were the norm. June 11, 2019 at 03:42 5 minute read By Colby Hamilton 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 1/12 Photo: ND700/Shutterstock.com Public allegations of sexual misconduct and illicit drug use by a coterie of John Jay College of Criminal Justice faculty that first surfaced in 2018 have become the subject of a federal lawsuit filed by two former students who claim the school failed to properly handle their claims of sexual assault and harassment at the hands of a number of faculty members. The complaint, filed on behalf of two women, alleged they had been coaxed into participating in what the faculty members called \u201cThe Swamp:\u201d an alleged social circle of drug use and sexual misconduct among a clique of professors on campus. According to the complaint, students were introduced to The Swamp by professors who encouraged them to partake in the use and abuse of drugs in a secluded area for faculty while subjecting them to overtly sexist and misogynistic language. \u201c[T]heir educational environment at John Jay was a cesspool of sexism, misogyny, sexual harassment and illegal drug use fueled by professors who used their positions of trust, seniority and inherent power-imbalance to prey upon female students' vulnerabilities and manipulate them to satiate their own sexual desires,\u201d the lawsuit claims. 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 2/12 For example, one of the plaintiffs, Claudia Cojocaru, stated that she is a survivor of sex trafficking, which began in her native country of Romania. She claimed in her complaint to have been sexually assaulted by a professor shortly after matriculating to John Jay in 2012. Shortly after that incident, she said she sought out academic help from Ric Curtis, a professor who was recognized as a leader in the field of human sex trafficking. He was also the driving force behind The Swamp, according to the complaint, where Cojocaru was allegedly subjected to unwanted and sustained sexual harassment and assault by Curtis and other faculty members. The other plaintiff, Naomi Haber, claims she, too, was cultivated by the faculty to join The Swamp, where she was routinely subjected verbal and written sexual harassment by Curtis and others. She claimed she was raped on a number of occasions by another faculty member, Anthony Marcus. Curtis and Marcus are each named defendants in the complaint. Attorneys for both men claimed their clients have already been vindicated. \u201cDr. Marcus has already been cleared of these allegations\u2014including the claims of rape and assault\u2014by both the Manhattan DA's office and John Jay's Title investigation,\u201d Marcus' counsel, Beranbaum Menken attorney Scott Simpson, said in a statement. \u201cHe will continue to vigorously defend himself against these allegations.\u201d Curtis' attorney Robert Herbst similarly stated that his client was absolved of the claims brought against him following the school's own investigation. \u201cSubstantial evidence of fabrication and motive to fabricate on the part of these two women was presented to both the District Attorney and the College's investigator. This evidence will be front and center as we 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 3/12 vigorously defend this lawsuit and clear Prof. Curtis's name,\u201d said Herbst, who went on to criticize the plaintiffs for not fully participating in the school's investigative process. According to a person familiar with the matter, the Manhattan DA's office conducted a separate criminal investigation into the allegations and decided not to bring any criminal charges. Wigdor partner David Gottlieb, who represents the plaintiffs in the federal suit, dismissed the two professors' claims of innocence. \u201cJohn Jay found numerous allegations of sexual misconduct asserted by our clients against the professors to be substantiated, and John Jay has announced that it intends to terminate them,\u201d Gottlieb said. \u201cThis is hardly the first time a sexual assault victim has had to be further victimized by being called a liar\u2014we are confident the evidence will firmly establish their claims as we proceed with litigation and discovery.\u201d While the school may have taken action recently, both women claim their initial complaints to other faculty and staff at John Jay went nowhere. This includes the college's dean of undergraduate students, who the pair claimed was aware of the sexual misconduct and drug use but refused to take action. The pair then filed a Title complaint against the school in 2018. They claim the school's investigation into the allegations were conducted inappropriately and in violation of the City University of New York's own rules in dealing with such claims. The school has claimed it has acted appropriately, noting that the faculty members were put on administrative leave after receiving the allegations. The investigation\u2014conducted by an outside firm the plaintiffs claim were conflicted\u2014ultimately led the school to begin the process of terminating the faculty members. 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 4/12 \u201cJohn Jay will promptly, thoroughly, and fairly investigate any allegations of misconduct and hold accountable anyone\u2014without exception\u2014who is found to violate our policies,\u201d John Jay director of media relations Richard Relkin said in a statement. Related: Weinstein Co. Attorneys Set for Bankruptcy Hearing in Wake of Settlement Trial Balloon Defamation Lawsuit Pits Alan Dershowitz Against Epstein Sex Trafficking Accuser Suspended Student Fails at Challenges to Columbia University Disciplinary Process This content has been archived. It is available through our partners, LexisNexis\u00ae and Bloomberg Law. To view this content, please continue to their sites. Go To Lexis \u2192 Not a Lexis Subscriber? Subscribe Now Go To Bloomberg Law \u2192 Not a Bloomberg Law Subscriber? Subscribe Now Why am seeing this \u00a9 2025 Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing. You Might Like 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 5/12 February 21, 2025 Friday Newspaper By New York Law Journal 1 minute read 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 6/12 February 20, 2025 Attorney General: $6M Judgment Against Illicit Cannabis Operator 'Decisive Victory' for Legal Industry By Brian Lee 3 minute read 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 7/12 February 19, 2025 Despite Federal Backlash on DEI, Bar Associations Press Forward on Commitments By Dan Roe 5 minute read 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 8/12 February 19, 2025 Top Court Says Municipalities Can Be Liable for Negligent Foster-Care Placements By Brian Lee 4 minute read Judge Dissolves TRO, Denies Additional Relief in Employee Litigation 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 9/12 OpenSea Says Has Ceased Enforcement Action Into Exchange 3 Class Actions: Wave of Lawsuits Target RetailMeNot Supreme Court Temporarily Leaves in Place Order Reinstating Official Trump Fired Legal Experts Slam Trump's Justification for Ending New York's Congestion Pricing Latest Trending Who Got The Work J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco\u2026 Read More Who Got The Work Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel in a pending securities lawsuit The action filed on Dec Learn More About Radar 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 10/12 Am Law 200 Real Estate: Trends and Analysis The Analyst View: The Legal Market Trends to Navigate in 2025 Rising Costs Could Squeeze Margins, but Big Law on Pace to Outperform Expectations in 2024 More from Making Black History: Florida Bar President-Elect Rosalyn Sia Baker- Barnes Charters New Territory 1 minute read Davis Polk's Leor Landa on Wild Times in Fund Formation 1 minute read Return to Work Mandates Among Current Mental Health Stressors for Legal Professionals Legal Speak is a weekly podcast that makes sense of what\u2019s happening in the legal industry. Browse all Products 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 11/12 1 minute read Subscribe to New York Law Journal Don't miss the crucial news and insights you need to make informed legal decisions. Join Law.com now! Unlimited access to Law.com 1 free article* across the subscription network every 30 days Access to additional free publications Exclusive discounts on events and publications Already have an account? Sign In The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. About Us Contact Us Site Map Asset & Logo Licensing Advertise With Us Customer Service Terms of Service Privacy Policy Copyright \u00a9 2025 Global, All Rights Reserved Join New York Law Journal 2/22/25, 8:09 Ex-John Jay College Students File Federal Lawsuit Alleging Faculty Sexual Misconduct 12/12", "8775_105.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade professor in alleged drug- dealing, student-sex scandal at John Jay College will shockingly return to classroom By Matthew Sedacca Published Sep. 7, 2024, 8:37 a.m 544 Indiana husband kills wife on Valentine\u2019s Day after she \u2018just didn\u2019t\u2026 Horrific video shows teen powerlifting champion being fatall\u2026 Girlfr boyfr cover News Metro Long Island Politics World News 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 1/15 couldn\u2019t drain this swamp. The John Jay College of Criminal Justice professor who was implicated in an alleged drug-dealing, student-sex scandal that rocked the taxpayer-financed City University of New York school shockingly will return to the classroom next year, The Post has learned. In 2019, John Jay president Karol Mason announced plans to ax veteran anthropology professor Ric Curtis and two other academics following an investigation into allegations \u2014 first revealed by The Post \u2014 that the faculty members ran a den of depravity known as \u201cThe Swamp\u201d at the school\u2019s Midtown campus, where they used and sold drugs, and engaged in inappropriate sexual conduct involving students. 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 2/15 But in an 85-page decision, arbitrator James M. Darby found that despite Curtis\u2019 \u201creckless and risky behavior,\u201d the prof should continue to shape the minds of future crime-fighters at the college following a year-long, unpaid suspension and additional training on CUNY\u2019s policies. John Jay College of Criminal Justice anthropology professor Ric Curtis, who was implicated in an alleged drug-dealing, student-sex scandal will return to the classroom next year. 4 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 3/15 \u2013 in no uncertain terms \u2013 was justified in taking this matter very seriously,\u201d Darby wrote in the Aug. 5 decision. But cannot accept CUNY\u2019s position that termination is the only appropriate penalty here Influencer hits Elon Musk with paternity suit, seeks sole custody of 5-month-old son: court docs Tattooed music buff, 38, confirms she's the mother of rock star Dave Grohl's love child 00:00 04:00 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 4/15 While rejecting some of the more serious claims, the arbitrator determined substantiated a number of the allegations against the academic, whose research, ironically, focused on drug use and distribution. These included complaints that Curtis passed around glassines to students containing heroin residue and smoked pot in his office, which was littered with illicit drugs such as and synthetic marijuana, the arbitrator wrote. Darby also agreed that Curtis spoke to a student using misogynistic and sexual language that was inappropriate, and did not comply with school policy regarding reporting complaints of alleged sexual harassment against other faculty that were brought to his attention. Sean 'Diddy' Combs' lawyer quits sex-trafficking case: \u2018Under no circumstances can continue\u2019 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 5/15 Curtis, however, was not \u201cpimping out\u201d his students when he allegedly suggested female students meet a professor the school was looking to hire as a department head, Darby wrote. Curtis \u201cmore likely than not facetiously proposed having some female students meet with [the professor] \u2013 nothing more, nothing less,\u201d he wrote. Darby added the school likely had been aware of his marijuana use, possession of drug paraphernalia on campus and his foul language. The school faculty union \u201cmakes a compelling argument that knew, or with a reasonable amount of investigation should have known, of much of [Curtis\u2019] alleged misconduct,\u201d he wrote. Professor Ric Curtis photographing himself half-naked with another accused adjunct professor in a bathroom, according to reports. 4 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 6/15 Mason said she was \u201cdisappointed by the outcome\u201d but that the school would comply with the arbitrator\u2019s decision under its collective bargaining agreement with the faculty union. \u201cWe will continue to prioritize providing a safe environment for our community members and we will continue to expect that policies are followed,\u201d she wrote in an Aug. 15 letter to the school community. David Gottlieb, a lawyer for a pair of former students, Naomi Haber and Claudia Cojocaru, who first alerted the school to the professors\u2019 misconduct in May 2018, said it was \u201cconfounding\u201d that Darby would allow Curtis to return to his post. \u201cWe hope and expect that will take the necessary measures to ensure all students are provided a fully safe educational environment,\u201d he said. In 2018, The Post reported allegations by Haber and Cojocaru that Curtis, together with professors Barry Spunt and Anthony Marcus as well as adjunct professor Leonardo Dominguez, engaged in a slew of heinous drug- and sex-related misdeeds. Haber and Cojocaru filed a civil lawsuit against and the four academics in 2019 in Manhattan federal court, alleging the professors had created \u201ca cesspool of sexism, misogyny, sexual harassment and illegal drug use,\u201d and asserting claims for discrimination, retaliation, and violation of New York\u2019s Gender Motivated Violence Act. Another John Jay College professor accused of sexual harassment Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 7/15 Among the accusations in the suit were that Marcus allegedly raped Haber in a Washington, DC, hotel room while they were attending an academic conference there in 2015, and that Spunt and Curtis groped Cojocaru. Haber also accused Curtis and Dominguez of groping her, and both women alleged Curtis sold illegal drugs on campus, according to legal papers. They also claimed all four professors used and \u201cthrust\u201d illicit narcotics, including pot, cocaine and heroin, onto students. The school placed the professors on paid leave and brought in an outside law firm to probe the allegations, which found the academics engaged in \u201c unprofessional conduct\u201d that violated policies, according to a 2019 letter from Mason to the John Jay community. The letter did not disclose the nature of the misconduct, and did not state whether the investigation substantiated the specific sexual misconduct or drug allegations. Then-Manhattan District Attorney Cyrus Vance also launched a probe, but did not bring charges. Former John Jay students Naomi Haber and Claudia Cojocaru alleged in a federal lawsuit that professors at the school engaged in a slew of heinous drug- and sex-related misdeeds, which the academics denied. Helayne Seidman 4 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 8/15 John Jay did not renew Dominguez\u2019s contract and moved to fire the three professors, prompting years-long termination and arbitration processes \u2014 where the school continued to pay their six-figure salaries, including raises. In legal papers, Marcus, Dominguez and Spunt denied the allegations of sexual and drug misconduct, and filed counterclaims against Cojocaru and Haber for defamation, alleging that the pair had made false allegations against them, including to the Post. In 2020, the judge largely denied the former students\u2019 motion to dismiss the counterclaims. Spunt retired on December 1, 2020 and died two months later; Marcus retired on Dec. 31, 2021, according to school officials. Haber and Cojocaru settled their suit against the college and the other professors in 2021, with shelling out over $609,000. According to the terms of the settlement, which the parties filed in court, the accused professors were not required to pay any money to Haber and Cojocaru. Under the settlement, all of the claims in the ongoing case were dismissed except for Curtis\u2019 counterclaims. The students amended their complaint to name only Curtis as a defendant, and narrowed their claims to assert only that Curtis\u2019 counterclaims amounted to unlawful retaliation against them. Curtis also has sued for gender discrimination. Both of those cases are ongoing Axing scandalous John Jay College professors will cost nearly half million dollars Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 9/15 Robert Herbst, Curtis\u2019 lawyer, said that the arbitrator \u201cproperly found that CUNY\u2019s five-year effort to terminate Dr. Curtis was unwarranted,\u201d asserting that the school\u2019s own investigation \u201cexonerated\u201d his client of all allegations of \u201csexual assault, forcible or unwanted touching, engaging in exploitative physical contact, consensual sex, [and] unwelcome sexual advances.\u201d The report of the school\u2019s internal investigation is not publicly available, but those claims were not pressed by the school as grounds for termination in the arbitration decided last month. What do you think? Post a comment. The arbitrator found that should have been aware that Curtis possessed drug paraphernalia on campus. 4 544 Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 10/15 \u201cHe looks forward to returning to the classroom to once again share his insights with students as one of John Jay College\u2019s most accomplished scholars,\u201d Herbst added. Marcus and Dominguez, who also previously denied the allegations, could not be reached for comment. John Jay spokeswoman Jan Benjamin declined to comment, citing ongoing litigation , 9/7/24 Animal sacrifices surge in -- with chickens and pigs b Perspective: Neurofilament Light as a Biomarker in Mouse to Advance Neurological\u2026 GenomeWeb [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been\u2026 Novelodge Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 11/15 Semiconductor subsidies must b\u2026 ips-journal.eu Which car has priority? 80%\u2026 Tips and Tricks [Pics] World\u2019s First Surviving\u2026 Journalistate [Photos] Her Dress At The Oscars Will Be Spoken About\u2026 Topbunt [Pics] This Is Common in Dubai, And It Happens Every Day Novelodge [Story] Wife Keeps Locking Herself In Bathroom With Dog Until Husband Notices Mark O\u2026 Share your stance. Please adhere to our guidelines. Conversation Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 12/15 Jenny Slate allegedly filed complaint while filming 'It Ends With Us' due to 'uncomfortable' interaction: report Stream It Or Skip It: \u2018American Murder: Gabby Petito\u2019 On Netflix Docuseries Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 13/15 Mangione's Lawyer Enraged Over Mayor's Unexpected Blow TMZ.com 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 Michelle Obama's Former Secret Service Agent Is Speaking Out Katiecouric.com Ivanka's Inappropriate Outfits Are Just Embarrassing To Look At NickiSwift.com Taylor Swift Breakup Plan Leak 'Blindsided' Travis Kelce Thenerdstash.com \u00a9 2025 Holdings, Inc. All Rights Reserved Terms of Use Membership Terms Privacy Notice Sitemap Your California Privacy Rights 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, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 14/15 Lip Reader Spills Details On Swift's Reaction To Booing PageSix.com Ginger Zee's Insanely Inappropriate Outfit Is Hard To Look At NickiSwift.com Powered by ZergNet Before you go ... 2/22/25, 8:09 Exclusive professor in alleged drug-dealing, student-sex scandal will return to classroom 15/15", "8775_106.pdf": "Ex-Students File Lawsuit, Allege John Jay Professors Created 'Cesspool of Sexism' and 'Illegal Drug Use' nbcnewyork.com/news/local/Ex-Students-File-Lawsuit-Allege-John-Jay-Professors-Cesspool-Sexism-Illegal- Drug-Use-New-York-City-511131351.html What to Know Two former John Jay College of Criminal Justice students are suing the New York City school and four if its professors The suit alleges the school and professor created a \u201ccesspool of sexism, misogyny, sexual harassment and illegal drug use\u201d Claudia Cojocaru, 40, an ex-student who became an adjunct professor at the college, and Naomi Haber, 25, filed a federal civil-rights suit Two former John Jay College of Criminal Justice students are suing the school and four of its professors, alleging they created a \u201ccesspool of sexism, misogyny, sexual harassment and illegal drug use\" culminating in instances of rape. Claudia Cojocaru, 40, a former student who subsequently became an adjunct professor at the college, and Naomi Haber, 25, filed a federal civil-rights suit in Manhattan Monday seeking unspecified damages to be determined at trial, plus interest, for a myriad of alleged violations including discrimination and retaliation. The lawsuit goes after John Jay, City University of New York, veteran anthropology professor Ric Curtis, professor Anthony Marcus, professor Barry Spunt and a former adjunct professor, Leonardo Dominguez. The complaint says that many incidents of unacceptable behavior took place in an exclusive and clandestine environment known as \u201cThe Swamp\u201d \u2014 a place where Curtis and other faculty members would allegedly act \u201copenly hostile to the norms of law, ethics and morality.\u201d It was in \u201cThe Swamp\u201d where Curtis and the other professors mentioned in the lawsuit allegedly \u201cdegraded and dehumanized female colleagues and students,\u201d often referring to them using derogatory terms. Additionally, according to the lawsuit, professors would openly drink alcohol and use drugs including marijuana, cocaine, heroin and in \u201cThe Swamp\u201d and push these substances upon students as well. The federal complaint includes accusations that Curtis supplied Cojocaru with booze, made sexual advances and sexually assaulted her. 1/2 The complaint also says that in the summer of 2015, Curtis \u201cencouraged Ms. Cojocaru to drink alcoholic beverages\u201d and when she began to fell \u201cdizzy and nauseous\u201d Curtis groped, touched and assaulted her in an office in \u201cThe Swamp\u201d located at John Jay\u2019s Annex. The complaint also alleges that Curtis took Cojocaru\u2019s and other students\u2019 work and or ideas and passed them off as his own. Furthermore, the complaint alleges that Marcus raped Haber in a Washington hotel room while they attended an academic conference in 2015. The lawsuit also claims that Marcus \u201cwas emboldened by Ms. Haber\u2019s silence,\u201d continued to sexually harass her and subsequently raped her at his office in the summer of 2016. The explosive complaint also includes photos that apparently show drugs and drug paraphernalia openly displayed in Curtis\u2019 office. In one photo, Curtis is shown with what appears to be a marijuana cigarette in between his lips. Inappropriate and sexually explicit text messages, including a photo that Curtis allegedly sent Haber of himself topless, were also included as evidence in the lawsuit. In the complaint, both Haber and Cojocaru allege that John Jay\u2019s policies and practices were inadequate to protect alleged victims when they reported complaints of sexual misconduct. The complaint goes on to say that despite a \u201cbiased and improper investigation, John Jay substantiates many of Ms. Cojocaru and Ms. Haber\u2019s allegations of sexual misconduct.\u201d According to John Jay, after school officials learned of the allegations, the faculty members were placed on administrative leave, law enforcement authorities were notified and external investigators were hired to assist the school with a thorough and fair investigation. \u201cBased on the results of that investigation, we are initiating disciplinary action against the faculty members involved seeking to terminate them,\" John Jay says. In a statement to 4 New York, John Jay spokesman Richard Relkin says: \u201cJohn Jay will promptly, thoroughly, and fairly investigate any allegations of misconduct and hold accountable anyone \u2013 without exception \u2013 who is found to violate our policies.\u201d Attorney information for the four men accused was not immediately clear. John Jay School of Criminal Justice forms part of the City University of New York school system. 2/2", "8775_107.pdf": "John Jay College Sued Over 'Swamp' Sex Scandal patch.com/new-york/new-york-city/john-jay-college-sued-over-swamp-sex-scandal \u2014 John Jay College of Criminal Justice botched an investigation into alleged sexual misconduct by four professors, two graduates of the school allege in a lawsuit filed Monday. The complaint in Manhattan federal court is the latest episode in a sex scandal that has roiled the Midtown school, which is part of the public City University of New York system. The teachers \u2014 Ric Curtis, Anthony Marcus, Barry Spunt and Leonardo Dominguez \u2014 were part of a debauched group of faculty based in a suite of offices they called \"The Swamp\" who harassed and assaulted students, says the complaint brought by the graduates, Claudia Cojocaru and Naomi Haber law firm representing the women, Wigdor LLP, identified them in a press release. The complaint describes the men's behavior in graphic detail \u2014 including Marcus's alleged rapes of Haber in 2015 and 2016. The teachers also bragged about their \"sexual conquests\" of female students and called students and colleagues \"stupid sluts,\" \"idiots\" and other profane names, court papers say. The women allege that John Jay dragged out its investigation into the behavior after they reported it in May 2018 and ignored their concerns about the integrity of the probe. \"John Jay must provide its students and faculty with an environment that is free from any form of sexual violence \u2014 period,\" David E. Gottlieb, a partner at Wigdor LLP, said in a statement. \"John Jay has failed in this important obligation and has unfortunately sent a message that it is either unable or unwilling to adequately protect the members of its community.\" The professors' alleged abuses, which the New York Post first revealed last fall, reportedly drew the attention of the Manhattan District Attorney's Office and the state's inspector general. All four professors were put on leave after the school learned of the allegations, and President Karol V. Mason is now seeking to fire three of them based on the evidence that investigators documented, according to a letter Mason sent out last month. The fourth is an adjunct professor who is no longer teaching at the school, the letter says. The college says it has not seen the new lawsuit, but noted that it notified law-enforcement authorities about the allegations in addition to conducting its own probe. 1/2 \"John Jay will promptly, thoroughly, and fairly investigate any allegations of misconduct and hold accountable anyone \u2014 without exception \u2014 who is found to violate our policies,\" Richard Relkin, the college's director of media relations, said in an email. John Jay's investigation involved interviews with more than 60 witnesses and an \"extensive number\" of emails and documents, Mason's letter says. The Manhattan ultimately decided not to bring criminal charges in the case, according to the letter. The women endured the teachers' alleged abuse for years, according to the complaint. Both faced pressure to have group sex with professors, with Curtis and Dominguez once pushing Cojocaru \u2014 a victim of past sex trafficking \u2014 to have a threesome with Marcus and Haber, according to the complaint. The teachers also allegedly got physical with the women when they were their students. Curtis repeatedly touched Cojocaru's breasts, legs and shoulders while she was doing research, the complaint says. And Marcus forcibly raped Haber on two occasions when she was intoxicated in November 2015 and the summer of 2016, according to the complaint. John Jay hired an outside law firm to investigate the allegations after the women reported them last May. That firm went around the women's attorneys to talk with them personally despite communicating with the professors' lawyers, the complaint says. The firm also did not provide evidence and other materials related to the probe even though the women had a right to review them under policy, according to the lawsuit. Cojocaru, Haber and their counsel made formal complaints about the probe to top officials at John Jay, but were told that it was being conducted impartially, the complaint says. The college nevertheless substantiated many of their complaints about the teachers, the suit says. \"Unfortunately, John Jay substantiating many of the allegations brought forth by Ms. Cojocaru and Ms. Haber cannot undo the gross sexual misconduct and assault committed by their own professors and mentors at John Jay, and the painful memories John Jay forced them to relive each and every day throughout the year-long, highly prejudiced investigation conducted by biased and unqualified investigators,\" the complaint reads. Lawyers for all four professors reportedly denied the allegations after the New York Post and The New York Times reported on them in September. \"It's a shame how people with hidden agendas and nefarious intentions can manipulate the system and the public in the name of #metoo,\" Carmen Jack Giordano, a lawyer for Spunt, told the Times then. 2/2"}
7,515	Thomas McFarland	Princeton University	[ "7515_101.pdf" ]	{"7515_101.pdf": "This blog includes text and images drawn from historical sources that may contain material that is offensive or harmful. We strive to accurately represent the past while being sensitive to the needs and concerns of our audience. If you have any feedback to share on this topic, please either comment on a relevant post, or use our Ask Us form to contact us. In this week\u2019s installment of our ongoing series bringing you the history of Princeton University and its faculty, students, and alumni, a magazine runs an unsettling story about a professor, a graduate tells a federal prosecutor he has been pressured to commit perjury, and more. July 17, 1989\u2014New York Magazine runs a 7-page article on Thomas McFarland, an English professor at Princeton University accused of sexually assaulting a male graduate student. McFarland explains, \u201cI\u2019ve never liked anybody who wasn\u2019t heterosexual. Most of the people I\u2019ve liked tend to be of an age when they would be students. All the great loves of my life have been students.\u201d This Week in Princeton History for July 17-23 University Archives About Us Subscribe 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 1/6 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 2/6 The Thomas McFarland matter and its aftermath had far-reaching implications for Princeton, as is detailed in several of the University\u2019s publications for the late 1980s and early 1990s. In this April 19, 1990 issue of the Nassau Weekly, the graduate student involved took an administrator to task for his response to the article that appeared in New York Magazine. Click to enlarge this image. July 18, 1972\u2014Former Committee to Re-Elect the President Treasurer Hugh W. Sloan Jr. \u201963 tells federal prosecutor Earl J. Silbert that Richard Nixon\u2019s campaign committee chair, Jeb S. Magruder, urged him to perjure himself regarding payments made to Watergate conspirators. 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 3/6 As evidence of wrongdoing on the part of the Richard Nixon campaign mounted, tensions increased across the United States. These bumper stickers are found in the American Civil Liberties Union Records (MC001), Box 2035, Folder 3. July 19, 1943\u2014Because five minutes has been deemed insufficient, the interval between classes at Princeton University is increased to ten minutes, effective today. 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 4/6 July 21, 1804\u2014The faculty of the College of New Jersey (Princeton) find two sophomores \u201ccriminally deficient on arithmetic,\u201d but allow them to progress to the junior class. Nonetheless, \u201cit was thought proper to mention their names to the class with disapprobation.\u201d For last week\u2019s installment in this series, click here. Fact check: We always strive for accuracy, but if you believe you see an error, please contact us. April C. Armstrong *14 July 17, 2017 This Week in Princeton History Richard Nixon, sexual harassment, Thomas McFarland, Watergate, World War One response to \u201cThis Week in Princeton History for July 17-23\u201d This Week in Princeton History for July 24-30 \| Mudd Manuscript Library Blog says: July 24, 2017 at 11:26 am [\u2026] \u2190 Previous [\u2026] Reply Leave a Reply 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 5/6 This site uses Akismet to reduce spam. Learn how your comment data is processed. Select Month University Archives Subscribe Type your email\u2026 2/22/25, 8:10 This Week in Princeton History for July 17-23 \u2013 University Archives 6/6"}
7,364	Jorge I. Dominguez	Harvard University	[ "7364_101.pdf", "7364_102.pdf", "7364_103.pdf", "7364_104.pdf", "7364_105.pdf", "7364_106.pdf", "7364_107.pdf", "7364_108.pdf" ]	{"7364_101.pdf": "Harvard Disciplines Professor For Sexual Harassment Grievance was Filed by Junior Faculty Member in Government Department By Holly A. Idelson September 28, 1983 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 Harvard has taken disciplinary action against a tenured Government professor for sexually harassing a junior faculty member in the department, Government professors confirmed this week. Jorge I. Dominguez, Harvard's senior authority on Latin American political science, was officially punished this summer by Dean of the Faculty Henry Rosovsky, after the dean found merit in a grievance the assistant professor lodged. Dominguez has been in Mexico City this week attending a conference, according to a note on his office door. He could not be reached for comment yesterday. Professors and graduate students who discussed the incident declined to identify the assistant professor who filed the grievance. They said she was out of the country this week. Rosovsky's apparent punitive action follows a Government graduate student's grievance that she was also sexually harassed by Dominguez. The student filed her complaint after the assistant professor's. Sections 2/22/25, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 1/6 The incidents mark only the third time that disciplinary action against a Harvard professor for sexual harassment has come to light. The other two cases involved isolated incidents between a professor and student. The assistant professor's grievance reportedly described episodes of both verbal harassment and physical contact by Dominguez that persisted for at least a year. Rosovsky, in a letter to the graduate student, wrote regret very much the discomfort you have experienced in your relationship with Professor Dominguez. Your statement has been helpful in evaluating other allegations of his abuse of authority and deciding what action should be taken by me.\" Rosovsky refused to discuss Dominguez's case yesterday. Professors said he spoke about the case at a special Government faculty meeting held Monday night to discuss sexual harassment, but the dean did not disclose what measures he took against Dominguez. Dominguez was recently replaced as chairman of an interdisciplinary Latin American studies committee The new chairman, Juan Marichal, Smith Professor of the French and Spanish Languages and Literatures, said yesterday a Faculty administrator asked him to assume the post because of a \"serious situation\" concerning Dominguez. Professors said Dominguez was stripped of his post as punishment by Rosovsky for the alleged sexual harassment. The Crimson was unable to obtain any official confirmation of this fact. Some professors said they were unhappy Rosovsky did not tell the department members what actions he took against Dominguez and complained that the reported punishment was too light. \"There's some feeling that the fact that there was supposed to be no publicity and the fact that he is still here are an inadequate deterrent for the future and an inadequate punishment for this case,\" one professor said. The professor added: \"There are a lot of us who feel that in some ways, the University is more concerned with its reputation than with the proper adjudication of a very serious matter.\" Sections 2/22/25, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 2/6 At Monday's Government faculty meeting, the department unanimously adopted a resolution deploring sexual harassment and pledging to ensure that incidents of sexual harassment do not occur, professors said. Dominguez apparently did not attend the meeting. He is expected to return to Harvard next week. One Government professor said that some department members were considering proposing that Dominguez be forbidden from attending faculty meetings in the future, as additional punishment. The graduate student's complaint stated that Dominguez made repeated off- color or paternalistic remarks and, on one occasion a pass at her. According to Faculty policy, formal harassment complaints are investigated by an administrator and submitted to Rosovsky for a final decision. Cases involving two professors may also be reviewed by an ad hoc Faculty committee. The policy stipulates that complainants are told whether their case is found to have merit but are not notified what action is taken against the subject of the complaint The most recent publicized case of sexual harassment by a professor took place in Spring 1982. Rosovsky wrote that he found merit in a complaint of sexual harassment filed by a freshman woman against a visiting professor in the English Department. He wrote a letter to the professor admonishing him and the Administrative Board later allowed the student to change her grade for the course from a \"C\" to \"pass.\" That case prompted a major review of the Faculty's procedures for handling sexual harassment cases by Rosovsky's steering committee of professors, the Faculty Council. The council eventually made no changes in the procedures. The incident also helped spark a broad survey of undergraduates, graduate students and Faculty members concerning sexual harassment. The results will be released later this fall. In December 1979, Rosovsky reprimanded a Government professor for making advances to a freshman woman, and threatened that if the professor repeated Sections 2/22/25, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 3/6 Want to keep up with breaking news? Subscribe to our email newsletter the action, the woman would go before the Corporation, which has the power to revoke tenure. Dominguez is listed in the course catalogue as teaching two graduate courses this semester: a seminar in comparative politics and a class in U.S. -Latin American relations. He received a B.A. from Yale in 1967, and obtained his Ph.D. at Harvard in 1972. Michael W. Miller helped prepare this story 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 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. Sections 2/22/25, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 4/6 The Harvard Crimson The University Daily, Est. 1873 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 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, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 5/6 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, 8:11 Harvard Disciplines Professor For Sexual Harassment \| News \| The Harvard Crimson 6/6", "7364_102.pdf": "Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient By Meera S. Nair and Andy Z. Wang February 12, 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 Four women who accused former Government professor Jorge I. Dom\u00ednguez of sexual misconduct speak at a panel at Harvard in February 2020. By Ryan N. Gajarawala Sections 2/22/25, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 1/6 Two women who were victims of sexual misconduct by former Government professor Jorge I. Dom\u00ednguez criticized the findings of an external review into Dom\u00ednguez\u2019s misconduct and urged the University to take stronger measures to address sexual harassment. In 2018, the Chronicle of Higher Education published a pair of articles in which 18 women publicly accused Dom\u00ednguez of repeated acts of sexual misconduct, establishing a pattern that extended across four decades. The University had, in fact, found Dom\u00ednguez guilty of sexual harassment against former Government assistant professor Terry L. Karl in 1983. The external review identified failures in Harvard\u2019s enforcement of its own sanctions against Dom\u00ednguez following Karl\u2019s complaint. Following an investigation, then-dean of the Faculty of Arts and Sciences Henry Rosovsky prohibited Dom\u00ednguez from receiving administrative appointments for the next three years. Yet just two years later, in 1985, Dominguez was appointed to chair the Special Appointments Committee in the Government department and the Foreign Cultures subcommittee of the Core Curriculum. In a Monday emailed statement to The Crimson, Karl disputed the report\u2019s conclusion that, \u201cfor its time,\u201d the University\u2019s response to her complaint in 1983 was \u201cappropriate and admirable in many ways.\u201d Karl wrote that while American attitudes and policies surrounding sexual harassment have changed over time, \u201csexual harassment was made illegal in the workplace in 1980.\u201d \u201cIn the Dominguez case, for example, using the \u2018times have changed\u2019 excuse is misleading,\u2019\u201d she wrote. \u201cYes, the Women\u2019s Movement, Anita Hill, MeToo, and the actions of Harvard women and a few of its highly appreciated men have changed the culture. But in 1980, as stated above, the Harvard administration knew that sexual harassment was illegal and further knew that its actions were wrong.\u201d Karl also contested the report\u2019s finding that a failed institutional memory enabled Dom\u00ednguez\u2019s sexual misconduct to persist, pointing to a report on sexual harassment at Harvard by then-Associate Dean for Undergraduate Education Sidney Verba \u201953 presented to the Faculty Council in September 1983. Sections 2/22/25, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 2/6 \u201cThis knowledge has been \u2018at Harvard\u2019s fingertips since 1983,\u2019 one person wrote to me, and all subsequent Harvard administrators as well as the department chairs \u2018knew or should have known\u2019 the pervasiveness of harassment,\u201d Karl wrote. Karl further wrote that Harvard did not respond effectively to complaints raised about Dom\u00ednguez, enabling him to rise in Harvard\u2019s ranks and gain influence \u201cBy ignoring this history, remaining silent or covering up, Harvard permitted Dominguez to continue to harass students, staff and at least two other non- tenured faculty for almost four decades while eventually being promoted to Vice Provost,\u201d Karl wrote, referring to Dom\u00ednguez\u2019s appointment as inaugural Vice Provost for International Affairs in 2006. \u201cThe damage to uncounted women and the loss of their scholarship and success has been enormous.\u201d In a Wednesday interview, University President Lawrence S. Bacow said that Harvard would create a \u201ccentralized process\u201d to access personnel records, after the external report stated Harvard\u2019s decentralized structure \u201ccould have impeded\u201d efforts to vet Dom\u00ednguez for leadership positions. However, Charna E. Sherman \u201980, a former Government concentrator who was harassed by Dom\u00ednguez, wrote in an emailed statement that centralizing personnel records would not address structural issues that \u201csystemically protect\u201d those in power committing acts of sexual misconduct. \u201cPresident Bacow\u2019s out-of-the-gate announcement yesterday to centralize personnel records is little solace to current victims of sexual misconduct by tenured predators,\u201d she wrote. \u201cHis reported comments create a false equivalence between personnel records and sexual harassment reporting.\u201d At Harvard, anonymous disclosures of sexual misconduct can be made to Harvard\u2019s Title office, but only formal complaints are investigated by the Office for Dispute Resolution, which determines whether a policy violation has occurred. \u201cIn line with due process requirements, disciplinary actions can only result from formal investigations,\u201d the external committee report states. \u201cWhile disclosures are recorded in the Title Office, they cannot be accessed for personnel decision-making.\u201d Sections 2/22/25, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 3/6 Want to keep up with breaking news? Subscribe to our email newsletter University spokesperson Jonathan L. Swain declined to comment on Karl and Sherman\u2019s statements. Karl added that while she was \u201cappreciative\u201d of the apology that Bacow issued to her alongside the report last week, she did not feel vindicated by it. \u201cVindication comes from the gratification women feel in trying to protect others and themselves \u2013 whether we get it or not,\u201d she wrote. \u2014Staff writer Meera S. Nair can be reached at [email protected] \u2014Staff writer Andy Z. Wang can be reached at [email protected] In Wake of External Report, Dominguez Victims Call For Changes in How Harvard Investigates Sexual Misconduct Permissive Culture\u2019: Six Takeaways on Harvard\u2019s Failure to Prevent Decades of Dom\u00ednguez Harassment Survivors, Advocates Respond to Dom\u00ednguez External Review Dominguez, Urton, Comaroff Accusers Request Seats on New Title Committee Dominguez Accusers Criticize Harvard\u2019s External Review During Panel Dominguez Investigation Ends 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 Sections 2/22/25, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 4/6 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 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 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. Sections 2/22/25, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 5/6 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 Copyright \u00a9 2025 The Harvard Crimson, Inc 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, 8:11 Women Harassed by Dom\u00ednguez Say Harvard\u2019s Investigatory Procedures Remain Insufficient \| News \| The Harvard Crimson 6/6", "7364_103.pdf": "\| 5.9.2019 Jorge Dom\u00ednguez Loses Emeritus Status after Misconduct Investigation The former government professor was found to have engaged in sexual harassment for nearly 40 years. by Marina N. Bolotnikova 2/22/25, 8:11 Jorge Dom\u00ednguez Loses Emeritus Status \| Harvard Magazine 1/5 Jorge Dominguez DOM\u00cdNGUEZ, formerly Madero professor for the study of Mexico and Harvard\u2019s first vice provost for international affairs, who last year was publicly accused of persistent sexual harassment, will lose his emeritus status and the privileges associated with it, Faculty of Arts and Sciences (FAS) dean Claudine Gay announced in an email to members of the community today. The University\u2019s Title investigation into the case, she wrote, conducted by the Office for Dispute Resolution (ODR), has found that Dom\u00ednguez \u201cengaged in unwelcome sexual conduct toward several individuals, on multiple occasions over a period spanning nearly four decades.\u201d Under the sanctions imposed by Gay, Dom\u00ednguez will also be disinvited from the campus, and from all FAS-sponsored activities on 2/22/25, 8:11 Jorge Dom\u00ednguez Loses Emeritus Status \| Harvard Magazine 2/5 and off campus. At her request, the University has also disinvited him from the Harvard campus and Harvard-sponsored events. The case represents the first time in recent memory that the University has revoked a professor\u2019s emeritus status. The sanctions mean that Dom\u00ednguez will be effectively barred from campus, and won\u2019t be allowed to teach classes, have research assistants, access Harvard\u2019s libraries, or have office space and other privileges provided to emeritus professors. \u201cThe findings reveal a longstanding pattern of behavior that, at several points, violated policies designed to ensure a safe and non-discriminatory educational and work environment,\u201d Gay wrote am appalled by the Report\u2019s findings and heartbroken for those who had to endure the behaviors described.\u201d \u201cIn Title matters, there is always a tension between the privacy of the impacted parties and the needs of the broader community,\u201d she continued. \u201cWith this investigation now concluded share the findings and sanctions in this specific case, because believe that doing so is vital for the safety and well-being of our students, faculty, and staff. Following our policies and procedures has resulted in a set of sanctions that, in effect, removes Jorge Dom\u00ednguez from our community. This has, in turn, created an obligation for our community to be informed of the removal.\u201d Read her full announcement here. In March 2018, after the Chronicle of Higher Education published stories detailing accusations that Dom\u00ednguez had sexually harassed 18 women during his career at Harvard, he announced his retirement from the government department. Then-dean of Michael D. Smith announced that the University would conduct an investigation into the allegations and that Dom\u00ednguez would remain on administrative leave. Last month, a government department committee responsible for evaluating the department\u2019s culture released a final report describing the University\u2019s \u201cprolonged institutional failure\u201d to address sexual misconduct, including the assertions that \u201cGenerations of students warned one another about Dom\u00ednguez\u2019s behavior and developed coping strategies for interactions with him (e.g., wearing heavy clothing, avoiding late afternoon meetings). Some students changed the focus of their research\u2014at great cost\u2014in order to avoid 2/22/25, 8:11 Jorge Dom\u00ednguez Loses Emeritus Status \| Harvard Magazine 3/5 such interactions.\u201d The report called for an external review of \u201cwhy mechanisms of oversight broke down and how department/university culture and institutional practices may have permitted harassment to take place\u201d; reforming the department\u2019s process for reporting sexual harassment, such as adopting anonymous reporting; and better recruitment and retention of women faculty. Government department graduate students had signed a letter soon after the Chronicle stories about Dom\u00ednguez were published calling for, among other steps, an independent review of the department. In March 2018, 15 women who had accused Dom\u00ednguez of sexual harassment called for the University to appoint an independent commission \u201cto investigate what conditions gave rise to this situation and what can be done to prevent this from happening again.\u201d During the investigation, President Lawrence Bacow had said that an external review could only take place after the University\u2019s own investigation ended. Now that the University\u2019s investigation has concluded, Bacow wrote, in an email responding to the government department climate committee\u2019s final report, that he will initiate an external review of how Harvard\u2019s institutional culture may have prevented people who experience sexual harassment from reporting it, and whether there are barriers to effectively responding misconduct. It will also examine how faculty promotion decisions can be made with due consideration of reports or allegations of misconduct. Read more articles by Marina N. Bolotnikova 2/22/25, 8:11 Jorge Dom\u00ednguez Loses Emeritus Status \| Harvard Magazine 4/5 2/22/25, 8:11 Jorge Dom\u00ednguez Loses Emeritus Status \| Harvard Magazine 5/5", "7364_104.pdf": "Nate Herpich \| Harvard Correspondent February 4, 2021 \u25a0 long read Deputy provost outlines plans to implement its recommendations Stephanie Mitchell/Harvard Staff Photographer Harvard issues report on sexual harassment 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 1/7 In an email to the University community, President Larry Bacow today announced publication of the report from the External Review Committee to Review Sexual Harassment at Harvard University, which was convened in response to the case of Jorge Dom\u00ednguez, a Government Department professor and onetime vice provost for international affairs who engaged in decades of sexual harassment during his time at Harvard. The Gazette spoke with Deputy Provost Peggy Newell to learn about the review\u2019s findings, as well as resources and policies that Harvard now has in place, and plans to create, to address the report\u2019s recommendations made Peggy Newell GAZETTE: Would you begin by reminding us of the context for why this review was conducted? NEWELL: In early 2018, the Chronicle of Higher Education published a series of articles stating that Jorge Dom\u00ednguez, at the time a professor in Harvard\u2019s Government Department, had sexually harassed at least 18 women during his time at Harvard. Shortly after the publication of these articles, the University\u2019s Office for Dispute Resolution (ODR) began an investigation into the harassment allegations. The revelations in the Chronicle also prompted the Department of Government to form a Committee on Climate Change, tasked with examining the climate within the department. Among the recommendations in the Committee on Climate Change\u2019s final report was a call for an external review to examine how procedures, practices, and norms at all levels of the University may have contributed to our collective failure to provide a safe and productive work environment for all members of our community. 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 2/7 In May 2019 Dean Claudine Gay announced both the findings of the investigation \u2014 that Dom\u00ednguez had \u201cengaged in unwelcome sexual conduct toward several individuals, on multiple occasions over a period spanning nearly four decades\u201d \u2014 and the sanctions that the University would be imposing on Dom\u00ednguez as a result. Later that day, President Bacow confirmed that he would form a committee to conduct an external review. GAZETTE: What was the charge of the external review? NEWELL: President Bacow asked the review committee to explore three central questions that had emerged from the report of the Government Department Committee on Climate Change: What characteristics of organization or culture might have inhibited those who had suffered (or were aware of) misconduct from reporting it? When misconduct was reported, were there characteristics of our organization or culture that inhibited an effective response? And, How do we vet candidates for leadership positions to assure that we are aware of any allegations of misconduct, including sexual harassment, and how might we do this? The members of the review committee \u2014 Susan Hockfield, professor of neuroscience and president emerita at the Massachusetts Institute of Technology; Vicki Magley, professor of psychological sciences at the University of Connecticut; and Kenji Yoshino, professor of law at New York University \u2014 were asked to take a forward- looking stance in their work, using the Dom\u00ednguez case to identify factors that might continue to undermine Harvard\u2019s ability to prevent and address sexual harassment. GAZETTE: What were the main findings of their report? 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 3/7 NEWELL: The committee\u2019s report is incredibly thorough, and would encourage community members to read it in its entirety. It clearly outlines several cultural and organizational factors that allowed Dom\u00ednguez to escape accountability for so long, and suggests concrete, actionable steps that Harvard can take to create an environment free from harassment and discrimination. These recommendations include: fostering greater \u201cpsychological safety\u201d across our Schools and units, better communicating processes for reporting misconduct, achieving greater faculty gender balance, establishing standardized processes for vetting candidates, improving transparency around investigations and sanctions, monitoring employees with past infractions, and accelerating progress toward a culture that is intolerant of sexual and gender-based harassment, broadly. Some of these things we have been working on already. Other recommendations will be the foundation for new initiatives. The report emphasizes that we can accomplish these changes without compromising our commitment to academic freedom or the due process rights of our community members. It is a forward-looking document that encourages community engagement in advancing its recommendations. President Bacow has said in the past that each of us shares responsibility for confronting and stopping sexual harassment, sexual assault, and discrimination, here at Harvard and beyond our campus walls, and think the report really underscores this statement. GAZETTE: As you mentioned, Harvard has already been at work at addressing some of the recommendations made in the report toward creating an environment free from harassment and discrimination. Would you tell us about some of the resources to this end that are currently in place for community members? 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 4/7 NEWELL: To begin with, it\u2019s important to note, as the report does, that we have made significant progress in our Title initiatives since the office was created in 2013 and moved to the Provost\u2019s Office in 2015. Annually, more than 27,000 students, faculty, and staff participate in in-person training sessions and/or our online Title training module \u2014 everyone who studies and works at Harvard is now required to complete mandatory online training on how to support a harassment-free community. These have continued online during the pandemic. There are now more than 50 trained Title Resource Coordinators supporting Harvard\u2019s students, faculty, and staff community-wide. Title and Gender Equity Education Student and Staff Advisory Committees meet regularly to ensure that each School and unit is represented in discussions about how the Title Office can improve its prevention initiatives, educational materials, and informational resources across the University. In 2019, the Title Office launched bystander intervention trainings, and the Resource for Online Anonymous Disclosure (ROAD), an online tool for anonymously disclosing concerns of sexual harassment and other sexual misconduct. All of this work has gone a long way in improving our policies and procedures around Title IX, and in beginning to change our culture. Harvard\u2019s commitment to addressing sexual and gender-based harassment stretches outside of campus. In collaboration with the National Academies of Sciences, Engineering, and Medicine Action Collaborative on Preventing Sexual Harassment in Higher Education, we are working to identify and develop innovative and evidence- based solutions to address sexual harassment. With more than 60 colleges, universities, and research institutions, Harvard is leading conversations around identifying the most effective ways to measure and monitor the climate within an organization. Through these conversations, institutions have been able to share best practices in developing climate surveys and measuring sexual harassment prevalence. And we continue to move forward with new initiatives that address sexual harassment and discrimination here at Harvard. Just this past week, Provost [Alan] Garber announced that we are embarking upon a community-driven effort to examine how we address discrimination and harassment. We have invited faculty, students, and staff from across the University\u2019s Schools and units to help us evaluate existing, and in some cases develop new, University-wide policies and procedures related to sexual misconduct, discrimination, and bullying. 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 5/7 GAZETTE: You also said that specific recommendations within the report will provide the foundation for upcoming initiatives. Has the planning begun on what some of these might look like? NEWELL: Yes. Thanks in large part to University Title Coordinator Nicole Merhill and her office, we are already working to put new resources in place that correspond directly to the recommendations made by the external review. Some examples of what we will do moving forward include incorporating the concept of \u201cpsychological safety\u201d into future learning initiatives implemented by the University Title Office, and exploring how we can revamp the Title Office website so that it provides clear pathways for disclosing incidents to Title Resource Coordinators and for filing a formal complaint with the University Title Coordinator. The updated Title website will also include a \u201cGender Equity Data Hub,\u201d which will provide greater transparency on information pertaining to disclosures, formal complaints, and outcomes. The Department of Government has continued to make progress on implementing the recommendations of its own Committee on Climate Change, including the creation of a Title liaison position within the department to serve as a point of contact for all Title IX-related concerns, and the creation of a standing committee on equity, diversity, and inclusion, made up of faculty, staff, graduate students, and undergraduates, to assist the department in creating and maintaining a climate that allows its members to do their best possible work. The department has also committed to conducting a biennial climate survey of its community to measure progress toward the goals laid out by the Committee on Climate Change. In spite of all that we have done in the area of creating policies and launching new initiatives, we still have work to do until we have a culture in academia and at Harvard that does not tolerate harassment. Changing an organizational culture cannot be done by an office in central administration or by people in the dean\u2019s office alone. Having policies against harassment is necessary but not sufficient. If we want a better environment, it will require that we all take responsibility for the community in which we would like to live and work and that we all participate in the work necessary to build that community. The recommendations in this report give us a place to start. GAZETTE: Is there anything else you\u2019d like to add? 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 6/7 would like to reiterate President Bacow\u2019s words in saying that we are deeply sorry not only for the harassment that Terry Karl experienced at Harvard but for the harassment by Dom\u00ednguez of other women at Harvard that might have been avoided. We are grateful to Professor Karl for having the courage back in 1983 to bring her complaint and for continuing, now nearly 40 years later, to raise concerns when she believed that Harvard had not done all that it could to assure that others were not similarly harassed. We also apologize and express our gratitude to the other women who were later harassed by Dom\u00ednguez and who have shared their stories, and especially to those who brought formal complaints that ultimately resulted in Dean Gay\u2019s sanctioning of Dom\u00ednguez. We are grateful for all of your efforts to make Harvard a better place. We are grateful for the work of the members of the External Review Committee, who have spent significant time on this important process since it began in September 2019. Harvard provided the committee with full access to all of the relevant materials that it requested, including confidential files and reports, as well as access to all personnel it sought to interview. This was no small undertaking for the committee. We appreciate their diligence in making sure that their review was thorough and responsive to their charge. We learned a lot from their work and will assure that their efforts and advice are translated into action. We are also grateful to those Harvard community members who gave of their time to the process, including: students and faculty in the Government Department; the members of the Government Department\u2019s Committee on Climate Change; current and former University administrators; representatives from the Harvard Title Office and Office for Dispute Resolution; and to individual members of Harvard\u2019s faculty who have done significant work in areas relating to Title and organizational culture. 2/22/25, 8:11 Harvard issues report on sexual harassment \u2014 Harvard Gazette 7/7", "7364_105.pdf": "Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard By Angela N. Fu and Lucy Wang, Crimson Staff Writers May 23, 2018 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 In late February, the #MeToo movement\u2014which, since October, has unearthed sexual assault and harassment allegations against men in industries ranging The offices of Harvard's Government Department are housed in Knafel. Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 1/14 from entertainment to politics\u2014arrived without warning on Harvard\u2019s campus. The Chronicle of Higher Education published two articles in which 18 women publicly accused Government Professor Jorge I. Dominguez of repeated acts of sexual harassment spanning nearly 40 years. The first reported incident occurred in 1979; the most recent in 2015. The news sparked national attention and sent Harvard affiliates reeling. Within hours of the first article\u2019s publication, students were sharing it on social media, many questioning why the University had not taken action against the professor long before. Unlike many men caught up in the #MeToo movement, Dominguez had already been found guilty of sexual harassment once before\u2014after a junior faculty member accused him of misconduct in 1983. After the University temporarily sanctioned Dominguez, though, he continued to climb through the University\u2019s ranks, assuming various administrative positions. He served as director of the Weatherhead Center for International Affairs from 1996 to 2006 and was named the University\u2019s first Vice Provost for International Affairs in 2006, a position he held until 2015. As recently as fall 2017, he taught a freshman seminar. The issue of sexual harassment extends beyond one professor recent Crimson survey of the Faculty of Arts and Sciences revealed that 28 percent of surveyed faculty indicated they know a department member who has experienced sexual harassment or assault at Harvard. Yet, as a single case, Dominguez forms a powerful example of how Harvard has grappled with issues of sexual harassment throughout its history, both today and in decades prior The first Chronicle article sent shockwaves across campus. Days after the article\u2019s publication Feb. 27, Government Department Chair Jennifer L. Hochschild notified all Government concentrators the department would host a meeting March 2 to discuss \u201chow better to promote and sustain a safe and respectful community Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 2/14 Students also scrambled to organize their own response. Government concentrator Elena D. Sokoloski \u201918 started the social media campaign \u201c#DominguezMustGo.\u201d She and other students also arrived at the March 2 meeting wearing black in honor of the \u201cTime\u2019s Up\u201d movement, started by celebrities in response to the wave of sexual misconduct allegations sweeping the entertainment industry. Hours after the meeting, University Provost Alan M. Garber \u201976 sent an email to University affiliates directly referencing the Chronicle article and asking those who had experienced \u201cinappropriate behavior\u201d to come forward and speak with the University\u2019s Title Office, the Harvard body that works to prevent and respond to violations of federal Title policy, including sexual harassment. Shortly after the Chronicle published a second article detailing further allegations March 4, Dean of Michael D. Smith announced had placed Dominguez on paid \u201cadministrative leave\u201d while worked to conduct a \u201cfull and fair review\u201d of the allegations brought against him. The next day, Dominguez announced he planned to retire at the end of the semester and was immediately resigning from his administrative roles. Hochschild wrote in an email to department affiliates that Dominguez\u2019s retirement would not affect the \u201cfull and fair review\u201d of the allegations against him. As administrators worked to address the allegations, hundreds of undergraduate and graduate students released two open letters calling on the University to take more decisive action against Dominguez and to expand its efforts to combat sexual harassment. Graduate students also sent a second letter detailing more specific policy changes they wanted the Government department to enact. Hochschild emailed government department affiliates March 9 informing them she had posted a \u201cStatement of Principles\u201d on the department\u2019s website and that the department planned to take several steps to \u201ccreate a safe, healthy, and intellectually exciting environment.\u201d She also announced a preliminary list of members of the department\u2019s newly created Climate Change Committee, formed in the wake of the allegations to improve department culture broadly. Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 3/14 Despite these steps, some individuals affected by Dominguez said they were dissatisfied with the University\u2019s handling of the allegations Several of the women accusing Dominguez of sexual harassment sent a letter to Smith, University President Drew G. Faust, Garber, and Hochschild arguing the University is \u201cill-equipped\u201d to investigate Dominguez. The women stated the Title Office did not have the resources necessary and that Harvard instead needed to bring in independent investigators. During the month of April, Smith and Garber sent the women multiple emails stating they could not comply with the women\u2019s demands. In one of the email exchanges, Smith revealed had filed a \u201cformal Title complaint\u201d against Dominguez. \u201cWe share a commitment to a full and fair investigation of the allegations surrounding Jorge Dominguez,\u201d Smith wrote in an emailed response to the women. In the initial letter, the women also wrote that three individuals\u2014including Suzanna E. Challen, a former Government Ph.D. student\u2014had reached out to the Title Office about Dominguez in Nov. 2017. The women wrote the office replied at the time it did not plan to take action. Government professor Jorge I. Dom\u00ednguez retired at the end of the spring 2018 semester following harassment allegations. By Lauren A. Sierra Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 4/14 Smith wrote in his response it would be \u201cinappropriate\u201d for him to discuss specific issues raised in the letter because of the formal complaint. After a person, or the University, files a formal complaint with the Office for Dispute Resolution alleging a Title violation then determines whether the allegations\u2014if true\u2014would violate Harvard\u2019s policies forbidding sexual harassment and gender-based discrimination. If determines a violation is possible, it then launches an investigation and issues a report at the conclusion of the investigation stating what, if any, violations have been found is currently investigating Dominguez, according to an email Hochschild sent to Government department alumni in May. When investigates instances of misconduct, it judges behavior against the policy in place at the time of the incident, according to Title Officer Nicole Merhill. But uses current procedures to conduct the investigation. By Katherine E. Wang Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 5/14 Challen and Nienke C. Grossman \u201999, another signatory of the letter, said they were contacted by to serve as witnesses in the Title process in the weeks following the initial publication of allegations against Dominguez. Because Dominguez is a faculty member, a copy of the final report from will almost definitely be shared with the dean of FAS. In cases where there are allegations of harassment by faculty, the final report of the investigation is \u201cprovided to the Complainant and the Respondent, the Title Coordinator for Faculty, the Title Coordinator of the School or Unit with which the Complainant is affiliated, as applicable, and the Dean of the or his or her designee,\u201d according to a written statement from Director of William D. McCants. The report also recommends specific actions against the individual in question ranging from reprimand to dismissal. Dominguez is a tenured professor; a copy of the University statutes states that only the Harvard Corporation, the University\u2019s highest governing body, can dismiss a permanently appointed faculty member for \u201cgrave misconduct or neglect of duty.\u201d \u2018UNSATISFACTORY\u2019 Harvard first took action against Dominguez in 1983 after Assistant Professor Terry Karl and a government graduate student accused the professor of various acts of sexual harassment. Then-Dean of Henry Rosovsky sanctioned Dominguez by removing him from his administrative roles. Just two years later, though, Dominguez was appointed to chair both the Special Appointments Committee in the Government department and the Foreign Cultures subcommittee of the Core Curriculum. Some Government students at the time said they believe the University\u2019s actions were insufficient. Michael P. Adams \u201983, one of Karl\u2019s thesis advisees, said the University remained silent on the issue when students attempted to raise concerns. He and two other undergraduates at the time, Michael A. Heller \u201984 and Dove S. Scherr \u201984, wrote a letter to The Crimson denouncing the University\u2019s \u201csecrecy on this issue\u201d and its \u201cunsatisfactory response.\u201d Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 6/14 \u201cWe were saying this was happening and publishing the essay in The Crimson and talking to Time [Magazine], etc, but the University wasn\u2019t talking about it, saying what was happening,\u201d Adams said Rosovsky declined to comment on the handling of the Dominguez case in the 1980s think it\u2019s a good thing that justice is finally being done,\u201d Adams said, citing the impact of the recent Chronicle articles. \u201cBut can\u2019t help thinking, if Harvard had dealt with this appropriately in 1983, 1984, none of those other women would have been harassed.\u201d In response to Dominguez\u2019s case, a group of Government graduate students wrote a letter addressed to Rosovsky in 1984, according to then-graduate students Cynthia A. Sanborn, Jeffrey W. Rubin \u201977, and Jill A. Irvine. Sanborn has kept a paper copy of the letter ever since. In the letter, the students wrote the lack of information and the official secrecy from the administration on Dominguez was \u201cdamaging to the academic community as a whole.\u201d The students also demanded to be notified of findings about Dominguez\u2019s misconduct as well as the status of his sanctions. \u201cWe therefore request a public statement from your office that specifies the severity of the misconduct committed by Professor Dominguez, the sanctions imposed by the university, and other steps taken to prevent future abuses of power,\u201d the letter reads. According to a 1983 Crimson article about Dominguez\u2019s punishment, the faculty misconduct policy at the time decreed \u201cformal harassment complaints are investigated by an administrator and submitted to Rosovsky for a final decision.\u201d Rosovsky also declined to comment on the letter. Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 7/14 In addition to concerns over Dominguez himself, some graduate students said they were deeply affected by the departure of Karl, who chose to leave the department after the harassment she experienced Rubin said he feels many graduate students missed out on experiencing a true \u201cintellectual community\u201d in the department. \u201cThey went off to do research and went somewhere else, some other town or university, got their Ph.D.s at Harvard, but did not have the richness, intellectual community, and professional networking that happened at Harvard,\u201d he said. Another Latin Americanist, like Karl, Philip D. Oxhorn\u2014a graduate student at the time\u2014said he feels more connected with other universities where he has worked. Now a professor of political science at McGill University, Oxhorn said Dominguez\u2019s misconduct was \u201cno secret\u201d amongst the graduate students. The October 7, 1983 issue of The Crimson featured an op-ed titled \"About Dominguez.\" By Ellis J. Yeo Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 8/14 \u201cWe all knew there was history, and we all knew it was likely to repeat itself unless more severe sanctions were imposed. And from what we now know, in hindsight, we\u2019re not at all surprised,\u201d Oxhorn said. Dominguez\u2019s case was not the only instance of sexual harassment allegations facing the Government department in the \u201970s and \u201980s. In 1979, for the first time in Harvard\u2019s history, the University officially reprimanded a faculty member\u2014Government Professor Martin L. Kilson Jr.\u2013for sexual harassment after Helene S. York \u201983 alleged that he attempted to kiss her when she attended his office hours. Rosovsky wrote Kilson a \u201cletter of reprimand\u201d and requested that Kilson write York a \u201cformal letter of apology,\u201d according to a 1979 Crimson article. In Feb. 1985, just two years after Karl left Harvard, Government professor Douglas A. Hibbs Jr. resigned after a student complained he had perpetrated sexual harassment. The New York Times reported this marked the first time a professor resigned for this reason in University history. Irvine, who was a graduate student in the department throughout those years, said he remembers that period as a \u201cstruggle.\u201d \u201cThe atmosphere was really tough, and it was not an easy place to be a female graduate student at the time,\u201d Irvine said LEADER\u2019 As the investigation progresses, the University has taken broader steps to address issues of sexual harassment. Garber and Executive Vice President Katherine N. Lapp announced earlier this month that Harvard will now require all faculty and staff to complete an \u201conline training module\u201d created by the Title Office starting next semester. Their emailed announcement noted the role of \u201crecent events\u201d in revealing the impact sexual harassment can have. \u201cAs recent events across society have demonstrated, sexual and gender-based harassment remains a deeply ingrained problem,\u201d Garber and Lapp wrote in their email. \u201cIt can impose enormous human costs, personally and professionally.\u201d Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 9/14 University spokesperson Melodie L. Jackson wrote in an emailed statement earlier this month that the new requirement does not come as a response to allegations made against Dominguez. Faust has also asked that a committee formed to look into the 2014 Sexual and Gender-Based Harassment Policy specifically address two issues: What \u201cstructural and cultural realities\u201d lead to an environment in which harassment is more likely and what the University can do to earn people\u2019s trust so they are confident in Harvard\u2019s ability to evaluate their concerns. Grossman said she hopes the committee will consider inviting alumni and Title experts to share their perspectives. She added she believes the committee should make its final report public. \u201c[This] shows the community that the University is thinking about these issues and reflecting about them and trying to do things the best way possible,\u201d Grossman said. \u201cIt gives Harvard the opportunity to be a leader on an issue that many universities are facing and to contribute in a positive way to stopping harassment on campus.\u201d On a more localized scale, the Climate Change Committee within the Government department\u2014comprising undergraduates, graduate students, faculty, and staff\u2014continues to meet. The group met twice in April and has created seven subcommittees to address separate issues, according to a May 17 email from Hochschild to alumni The subcommittee is examining issues including how to promote \u201cdepartmental diversity among faculty and graduate students\u201d and how to improve the graduate mentoring program. Government Professor Steven R. Levitsky, who is chairing the Climate Change Committee, said the committee is considering commissioning an \u201cexternal audit\u201d of the department. Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 10/14 Levitsky said an external audit would not involve reviewing the Dominguez case, which does not all under the purview of the department. He said the audit would instead \u201cexplore the climate conditions that gave rise to systematic non- reporting of sexual and other forms of harassment don\u2019t think we are able to investigate ourselves in that matter, so what we want to do is figure out a way to organize an external investigation,\u201d Levitsky said. Levitsky said he and Hochschild are consulting experts and friends to determine who would lead this external investigation, whether outside professional consultants or professors from other departments. Hochschild said the department has not yet raised this idea with FAS. As the University continues to grapple with the effects of the Dominguez revelations, some say they hope the incident will spur the University to enact change going forward. \u201cThe reason we brought this forward was primarily to try to press Harvard to do better, because we know it can do better, and it needs to for the sake of its students,\u201d Challen said. The offices of Harvard's Government Department are housed in Knafel. By Kathryn S. Kuhar Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 11/14 Want to keep up with breaking news? Subscribe to our email newsletter 2018 \u2014Staff writer Angela N. Fu can be reached at [email protected]. Follow her on Twitter @angelanfu \u2014Staff writer Lucy Wang can be reached at [email protected]. Follow her on Twitter @lucyyloo22 sexual harassment still Rugby Fullscreen Sexual Harassment Page Video Jorge Dominguez Dominguez Accusers Graphic About Dominguez, 1983 Places Dominguez On 'Leave' After Sexual Harassment Allegations In Wake of Dominguez Allegations, Harvard Asks Affiliates to Come Forward News Analysis: Univ. May Pursue Title Inquiry into Dominguez Gov Prof Dominguez to Retire Following Harassment Allegations 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 Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 12/14 5. Studying for My Midterm in Neo-Marxist Class Warfare Propaganda 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 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. Sections 2/22/25, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 13/14 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 Copyright \u00a9 2025 The Harvard Crimson, Inc 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, 8:12 Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard \| News \| The Harvard Crimson 14/14", "7364_106.pdf": "Jorge I. Dom\u00ednguez Born 1945 (age 79\u201380) Havana, Cuba Alma mater Yale University (B.A., 1967) Harvard University (M.A., 1968; Ph.D., 1972) Employer Retired from Harvard University Title Antonio Madero Professor for the Study of Mexico Jorge I. Dom\u00ednguez Jorge I. Dom\u00ednguez (born 1945), a scholar of Latin American studies in the United States, taught at Harvard University from 1972 to 2018, when he retired as the Antonio Madero Professor for the Study of Mexico. He began his teaching career at Harvard in 1972, and in 1979 was granted tenure. From 1995 to 2006, he served as director of Harvard's Weatherhead Center for International Affairs. From 2006 to 2015, he served as Harvard's first Vice Provost for International Affairs in the Office of the Provost, and Senior Advisor for International Studies to the Dean of the Harvard Faculty of Arts and Sciences. He also chaired the Harvard Academy for International and Area Studies, served as an associate of Harvard's David Rockefeller Center for Latin American Studies, and as an associate of Harvard's Leverett House. Dom\u00ednguez has published books and articles on Latin America and, in particular, Cuba. In 1989, Abraham F. Lowenthal described him in Foreign Affairs as the dean of U.S. Cubanologists.[1] In February 2018, an article in The Chronicle of Higher Education alleged that Dom\u00ednguez had committed acts of sexual assault and sexual harassment since the late 1970s. In response, Harvard launched a review of the allegations and placed Dom\u00ednguez on paid administrative leave. He announced he would retire at the end of the Spring 2018 semester, and did so on June 18 of that year.[2] Harvard's Title investigation concluded in May 2019 that Dom\u00ednguez had engaged in unwelcome sexual conduct, and the university stripped him of his emeritus status and disinvited him from its campus.[3] In January 2020, the Latin American Studies Association, of which he had been president, revoked his membership due to his violations of ethical standards.[4] Dom\u00ednguez was born in Havana, Cuba.[5][6] He left Cuba with his family for the United States in 1960, when he was 15 years of age.[5][7] He attended Belen Jesuit Preparatory School in Miami, Florida, and in 1963 graduated from Fordham Preparatory School,[8] in the Bronx in New York City. In 1967, he received his B.A. from Yale University. He went on to receive his M.A. (1968) and Ph.D. (1972) from Harvard University.[9] He was a member of the Harvard Society of Fellows. Background and education 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 1/6 Dom\u00ednguez began his teaching career at Harvard in 1972, and by 1979 was granted tenure.[10] He was the Antonio Madero Professor for the Study of Mexico at Harvard until his retirement in June 2018. From 1995 to 2006, he served as director of Harvard's Weatherhead Center for International Affairs.[11] From 2006 to 2015, he served as Harvard's first Vice Provost for International Affairs in the Office of the Provost, and as Senior Advisor for International Studies to the Dean of the Harvard Faculty of Arts and Sciences. Prior to his retirement, he also chaired the Harvard Academy for International and Area Studies, and also as an associate of Harvard's David Rockefeller Center for Latin American Studies, and an associate of Harvard's Leverett House. Dom\u00ednguez' books include: The Construction of Democracy: Lessons from Practice and Research; Between Compliance and Conflict: East Asia, Latin America and the New Pax Americana; The Cuban Economy at the Start of the Twenty-First Century; Mexico\u2019s Pivotal Democratic Election: Candidates, Voters, and the Presidential Campaign of 2000; Boundary Disputes in Latin America; Constructing Democratic Governance in Latin America; Mexico, Central, and South America: New Perspectives, The United States and Mexico: Between Partnership and Conflict; Democratic Politics in Latin America and the Caribbean; International Security and Democracy; Technopols; Democratizing Mexico; and Conflictos Territoriales y Democracia en America Latina. Some articles written by Dom\u00ednguez: \"How Asia Can Tackle Crises\", The Straits Times; 19 July 2006 Legacy of Mixed Messages\", The Boston Globe; 16 January 2006 \"Bush Administration Policy View toward Latin America\"; ReVista, Spring/Summer 2005 \"Liberty for Latin America\"; The Washington Post; 13 March 2005 and Cuba Cooperate on Many Issues\"; The Miami Herald; 29 February 2004 \"Cuba: His Brother's Keeper\"; Foreign Policy, 139; November/December 2003 In addition to his substantive academic contributions, Dom\u00ednguez worked over the years to develop the scholarly field of Latin Americanist social science in four large-scale multi-book multi-authored projects involving authors from the United States and most Latin American authors. First, he encouraged U.S. and Mexican scholars to carry out research on Mexican public opinion and voting behavior.[12] In particular, a team of research colleagues developed panel studies to interview and re-interview individuals during the same presidential election campaigns (2000, 2006, 2012), and within a year or two made the primary data for these surveys freely and universally available on the Web.[13] Academic positions Scholarship 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 2/6 Second, working with international teams that featured Cuban social scientists, Dom\u00ednguez fostered research by Cuban academics and supported their research, writing, and publication in English to make such work better known. This endeavor spanned U.S.-Cuban relations, macroeconomic and microeconomic policies, poverty, social mobility, and territorial inequalities.[14] For this effort to advance and make known the work of Cuban scholars, and for his own research, he received the lifetime contribution award from the Cuba Section of the Latin American Studies Association. Third, as a founding member of the Washington, D.C.\u2013based think tank Inter-American Dialogue,[15][16] Dom\u00ednguez and Dialogue colleagues generated assessments of the state of democratic politics across Latin America. The first book covered every country of Latin America, while the other three books focused on the large countries, with each volume featuring authors from across the continent.[17] This project led to his appointment as a founding adviser for the non-profit Club de Madrid,[18] whose members are former presidents and prime ministers of democratic countries the world over. And fourth, Dom\u00ednguez and Rafael Fern\u00e1ndez de Castro designed a project of books on U.S. relations with key Latin American countries and subregions; most books with two authors\u2014one from the United States, and one from the respective Latin American country.[19] This project led also to his co- founding of Foreign Affairs Latinom\u00e9rica and membership on its editorial board.[20] In 1983, Dom\u00ednguez was disciplined by Harvard's administration for \"serious conduct\" for sexually harassing Terry Karl, then a junior faculty colleague in Harvard's Government Department (later, a professor of political science and Latin American studies at Stanford University).[21][22] He was forbidden to hold administrative responsibilities for three years.[23] Nevertheless, Dom\u00ednguez was subsequently promoted several times, and was appointed the Vice Provost for International Affairs.[23] On February 27, 2018, The Chronicle of Higher Education reported that at least ten women, including graduate students and junior colleagues, described incidents in which Dom\u00ednguez allegedly sexually assaulted or sexually harassed them, dating back to 1979 and continuing through at least 2015.[2] According to the New York Times, allegations from other women \"ranged in severity, from inappropriate full-body hugs to claims by one woman that he grabbed her buttocks and tried to put his hand down her pants.\"[22][24][25] According to the article, Dom\u00ednguez stepped between the former Venezuelan president, Rafael Caldera, and Karl as they approached one another at a Harvard reception; Dominguez, speaking in Spanish, then introduced Karl to Caldera as his \"slave\". Karl recounted that he told her one evening, while walking across campus following a meeting, that \"this would be a nice place for a rape\", making Karl fear for her safety. She felt that despite the administration's acknowledgement of her complaint, Harvard did not take the issue of sexual assault seriously. Some accusers recalled that they dropped classes, abandoned projects, or, as in Karl's case, left the university to escape him.[25] Dom\u00ednguez said he was surprised and saddened by the allegations, suggested that his behavior may have been misinterpreted, and further said do not go around making sexual advances.\"[10] Sexual harassment and alleged sexual assault 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 3/6 In response to these accusations, Harvard University announced in March 2018 that it was soliciting additional information from university affiliates regarding Dom\u00ednguez's alleged misconduct. He was placed on paid administrative leave pending conclusion of an internal review.[26][27][2] Dom\u00ednguez's membership in the Leverett House Senior Common Room was revoked.[28] On March 6, 2018, Dom\u00ednguez resigned from his administrative positions and announced his intention to retire fully from Harvard at the end of the Spring 2018 semester.[2] University administrators said that the sexual harassment investigations would not be affected by his retirement.[2] In May 2019, Harvard concluded its investigation, finding that Dom\u00ednguez had engaged in unwelcome sexual conduct toward multiple people over a long time. As a result, Dom\u00ednguez was stripped of his emeritus status and privileges, and disinvited from the university campus and sponsored events.[3] The Latin American Studies Association revoked the membership of Dom\u00ednguez in January 2020.[4] In February 2021 Harvard formally apologized to Karl for failing to adequately enforce sanctions against Dom\u00ednguez in her sexual harassment complaint against him.[29] 1. Lowenthal, Abraham F. (1989). \"Review: To Make a World Safe for Revolution: Cuba's Foreign Policy by Jorge I. Dom\u00ednguez\" ( o-make-a-world-safe-for-revolution-cubas-foreign-policy). Foreign Affairs. 68 (3): 173 20044048 ( 2. Fu, Angela N.; Wang, Lucy (Mar 6, 2018). \"Gov Prof Dominguez to Retire Following Harassment Allegations\" ( The Harvard Crimson. Retrieved Mar 10, 2018. 3. Berger, Jonah S.; McCafferty, Molly C. (2019-02-27). \"Breaking: Gov Professor Jorge Dominguez Stripped of Emeritus Status Following Conclusion of Title Investigation - News\" ( rimson.com/article/2019/5/9/dominguez-investigation-closes/). The Harvard Crimson. Retrieved 2019-05-09. 4 Membership of Jorge Dominguez Revoked Forum ( ol51-issue3/News-2.pdf) accessed 29 July 2020 5. \"Harvard Cuban scholar suspended over sex harassment charges,\" ( news/nation-world/world/americas/cuba/article203836724.html) Miami Herald. 6. Natanson, Hannah (November 27, 2016). \"For Cuban Americans at Harvard, Mixed Feelings After Castro's Death\" ( The Harvard Crimson. 7. \"Cuba podr\u00eda convertirse en la Singapur del Caribe\" ( ctualidad/1432914721_460137.html), El Pais. 8. \"2010 Dues Drive Contributors\" ( ors.pdf), belenjesuit.org 9. \"Dom\u00ednguez appointed vice provost for international affairs,\" ( ry/2006/05/dominguez-appointed-vice-provost-for-international-affairs/) Harvard Gazette. 10. \"Harvard Professor To Retire Amid Sexual Misconduct Claims From 18 Women,\" ( ngtonpost.com/entry/harvard-professor-retires-amid-investigation_us_5aa0149de4b0d4f5b66cb07 8) HuffPost References 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 4/6 11. \"Harvard People \u00bb Jorge I. Dominguez\" ( people.fas.harvard.edu. Retrieved 28 February 2018. 12. J. Dom\u00ednguez and James McCann, Democratizing Mexico: Public Opinion and Electoral Choices (Johns Hopkins University Press, 1996); J. Dom\u00ednguez and Alejandro Poir\u00e9, Toward Mexico\u2019s Democratization: Parties, Campaigns, Elections, and Public Opinion (Routledge, 1999); J. Dom\u00ednguez and Chappell Lawson, eds., Mexico\u2019s Pivotal Democratic Election: Candidates, Voters, and the Presidential Campaign of 2000 (Stanford University Press, 2004); J. Dom\u00ednguez, C. Lawson, and Alejandro Moreno, eds., Consolidating Mexican Democracy: The 2006 Presidential Campaign in Comparative Perspective (Johns Hopkins University Press, 2009) 13. Research Political Science ( 14. J. Dom\u00ednguez, Omar E. P\u00e9rez-Villanueva, Mayra Espina, and Lorena Barberia, Cuban Economic and Social Development: Policy Reforms and Challenges in the 21st. Century (Harvard University David Rockefeller Center for Latin American Studies, 2012); J. Dom\u00ednguez, Rafael Hern\u00e1ndez, and L. Barberia, Debating U.S.-Cuban Relations: Shall We Play Ball? (Routledge, 2011); J. Dom\u00ednguez, O.E. P\u00e9rez-Villanueva, and L. Barberia, The Cuban Economy at the Start of the Twenty-First Century (Harvard University David Rockefeller Center for Latin American Studies, 2004); J. Dom\u00ednguez and R. Hern\u00e1ndez, U.S.-Cuban Relations in the 1990s (Westview, 1989). 15. \"Inter-American Dialogue \| Experts\" ( edialogue.org/experts/?iad_experttype=75). Archived from the original (htt p:// on 2020-02-02. Retrieved 2017-04-11. 16 COUNTRY\" ( edialogue.org/aboutmembers). Archived from the original ( ers) on 2012-05-24. Retrieved 2013-01-29. 17. J. Dom\u00ednguez and Abraham Lowenthal, eds., Constructing Democratic Governance: Latin America and the Caribbean (Johns Hopkins University Press, 1996); J. Dom\u00ednguez and Michael Shifter, Constructing Democratic Governance in Latin America (Johns Hopkins University Press), second edition (2003), third edition (2008), and fourth edition (2013). 18. \"Advisory Committee\" ( 19. All from Routledge: Cynthia McClintock and Fabi\u00e1n Fallas, The United States and Peru (2002); Deborah Norden and Roberto Russell, The United States and Argentina (2002); Monica Hirst, The United States and Brazil (2004); Anthony Maingot and Wilfredo Lozano, The United States and the Caribbean (2004); Mark Rosenberg and Luis Guillermo Sol\u00eds, The United States and Central America (2007); J. Dom\u00ednguez and Rafael Fern\u00e1ndez de Castro, The United States and Mexico (2009); Marifeli P\u00e9rez-Stable, The United States and Cuba (2010); Javier Corrales and Carlos Romero, The United States and Venezuela (2012). 20 - consejo-editorial [1317] \| Secciones\" ( 34/ Archived from the original (htt ps:// on 2013-02-09. Retrieved 2013-01-29. 21. Idelson, Holly (September 28, 1983). \"Harvard Disciplines Professor For Sexual Harassment\" (h ttp:// The Harvard Crimson. 22. \"Harvard professor accused of sexual misconduct to retire,\" ( 2018/03/06/harvard-professor-accused-sexual-misconduct-retire/EmGqKO43J5hxZdYuf7oAhL/sto ry.html) The Boston Globe 23. Bartlett, Tom and Nell Gluckman (February 27, 2018). \"She Left Harvard. He Got to Stay. Did the university's handling of one professor's sexual-harassment complaint keep other women from coming forward for decades?\" ( The Chronicle of Higher Education. 24. \"Harvard Professor Resigns Amid Allegations of Sexual Harassment,\" ( 018/03/06/us/harvard-professor-resigns-sexual-harassment.html) The New York Times 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 5/6 Cuba portal 25. \"\u2018This Would be a Nice Place For a Rape\u2019: Harvard Professor Jorge Dom\u00ednguez To Retire After Harassment Allegations,\" ( -jorge-dominguez-retire-after-833781) Newsweek 26. \"In Wake of Dominguez Allegations, Harvard Asks Affiliates to Come Forward\" ( son.com/article/2018/3/3/univ-asks-students-to-step-forward/). The Harvard Crimson. March 3, 2018. 27 Places Dominguez On 'Leave' After Sexual Harassment Allegations\" ( com/article/2018/3/5/dominguez-on-leave/). The Harvard Crimson. March 5, 2018. 28. \"Students Voice Concern, Frustration After Dominguez Harassment Accusations At Forum\" (http:// The Harvard Crimson. March 3, 2018. 29. Nell Gluckman (2021-02-04). \" 'Harvard Failed Her': University Apologizes to Scholar Who Endured Harassment\" ( ured-senior-scholars-harassment?cid=at&source=ams&sourceId=319969). The Chronicle of Higher Education. Retrieved 2021-02-05. \"Jorge I. Dom\u00ednguez (on administrative leave),\" ( 3%ADnguez) Archived ( eople/jorge-dom%C3%ADnguez) 2018-06-06 at the Wayback Machine David Rockefeller Center for Latin American Studies \"Jorge I. Dom\u00ednguez,\" ( Weatherhead Center for International Affairs \"Jorge I. Dom\u00ednguez,\" ( iembro/jorge-i-dominguez/) Club de Madrid \"Jorge I. Dom\u00ednguez, long CV\" ( df) \"Vice Provost Talks at IOP; Dominguez discusses his personal hopes for\" ( com/article/2008/11/26/vice-provost-talks-at-iop-stressing/) by Dennis J. Zheng, Harvard Crimson, November 26, 2008] Personal website ( Retrieved from \" External links 2/22/25, 8:12 Jorge I. Dom\u00ednguez - Wikipedia May 2019%2C Harvard concluded,university campus and sponsored events. 6/6", "7364_107.pdf": "1 Report of the External Review Committee to Review Sexual Harassment at Harvard University January 2021 1 Report of the External Review Committee to Review Sexual Harassment at Harvard University January 2021 IT? A. Pronounced Power Disparities B. Inadequate Reporting Processes C. Faculty Gender Imbalance Practice of Keeping Sanctions Confidential Failure to Monitor Employees with Past Infractions Failure to Hold the Department Accountable D. An Absence of an Adequate Process to Receive and Respond to Disclosures THIS? A. The University Lacks Standardized Vetting Processes for Leadership Candidates B. The University Does Not Have a Centralized Repository for Personnel Files 2 A. Summary of Recommendations 1. Foster Greater Psychological Safety 2. Better Communicate Processes for Reporting Misconduct 3. Achieve Greater Faculty Gender Balance 4. Improve Transparency Around Investigations and Sanctions 5. Monitor Employees with Past Infractions 6. Hold University Units Accountable 7. Communicate Structures to Address Disclosures 8. Establish Standardized Processes for Vetting Candidates 9. Establish a Centralized Personnel Database 10. Accelerate Progress Toward a Culture Intolerant of Sexual and Gender-Based Harassment B. Upholding Academic Freedom and Due Process Rights Note of Gratitude In a September 6, 2019 letter to Professor Steven Levitsky, Chair of the Government Department\u2019s Committee on Climate Change, Harvard President Lawrence Bacow announced the formation of a Committee \u201cto conduct an external review into factors that may inhibit Harvard\u2019s ability\u201d to assure \u201ca working and teaching environment free from harassment and discrimination for all members of our community.\u201d1 He identified the members of the Committee: Susan Hockfield, Professor of Neuroscience and President Emerita at the Massachusetts Institute of Technology (Chair); Vicki Magley, Professor of Psychological Sciences at the University of Connecticut; and Kenji Yoshino, Professor of Law at New York University. The impetus for the review was the case of Government Department Professor Jorge Dom\u00ednguez, who engaged in decades of sexual harassment. Dom\u00ednguez was a pre-eminent Government Department scholar in Latin American Studies and a high-ranking administrator. President Bacow charged the Committee to explore three questions: 1. What characteristics of organization or culture might have inhibited those who had suffered (or were aware of) misconduct from reporting it? 2. When misconduct was reported, were there characteristics of our organization or culture that inhibited an effective response? 1 Lawrence Bacow to Steven Levitsky, 6 September 2019, Letter from President Bacow to Government Department Climate Change Committee, change-committee. Throughout this report, we rely on a range of sources. Some are easily discoverable, some are confidential, and some are neither. We append citations only to the last category of sources. 3 3. How do we vet candidates for leadership positions to assure that we are aware of any allegations of misconduct, including sexual harassment, and how might we do this On August 2, 1983, Henry Rosovsky, the Dean of Harvard\u2019s Faculty of Arts and Sciences (FAS), completed an investigation of a complaint filed by Professor Terry Karl, a junior tenure-track faculty member in the Government Department. Professor Karl\u2019s complaint alleged that Dom\u00ednguez had sexually harassed her on multiple occasions over two years. Dean Rosovsky sent a letter detailing his findings and sanctions to Professor Dom\u00ednguez and placed a copy of the letter in Dom\u00ednguez\u2019s personnel file. Rosovsky deemed Dom\u00ednguez\u2019s behavior toward Karl to constitute serious sexual harassment and abuse of authority. Rosovsky wrote that any repetition of the offense would lead to a recommendation to the Corporation that Dom\u00ednguez be terminated. Among other sanctions, Rosovsky directed the Department Chair to relieve Dom\u00ednguez of administrative duties for a minimum of three years. Rosovsky also placed limitations on Dom\u00ednguez\u2019s interactions with Karl, such as forbidding Dom\u00ednguez from participating in her promotion review or in any decision relating to her career at the University. According to its practice at the time, the University maintained the confidentiality of Rosovsky\u2019s investigation and consequent sanctions. Nevertheless, news that the University had found Dom\u00ednguez guilty of sexual harassment spread quickly. Dom\u00ednguez took a sabbatical leave in 1984. Karl departed for a faculty position at Stanford University the next year, noting the challenges of interacting with Dom\u00ednguez in the Harvard community even after the harassment stopped. During the same time period, the University addressed two other cases of alleged sexual misconduct in the Government Department. In 1979, Rosovsky reprimanded a different Government professor for sexual harassment. In 1985, yet another Government professor resigned his position in the wake of a complaint of harassment. Between 1983 and 2018, the University received no additional formal complaints against Dom\u00ednguez. However, Dom\u00ednguez\u2019s personnel file shows that two individuals made disclosures2 about him with officials. In 1983, an Assistant Dean reported inappropriate conduct by Dom\u00ednguez toward an undergraduate student in the late 1970s. This Assistant Dean also corresponded separately with Rosovsky, who admonished Dom\u00ednguez for this conduct in his 1983 letter. In 1989, an additional undergraduate student disclosed issues concerning Dom\u00ednguez to a different Assistant Dean. That Assistant Dean communicated this event to the Dean of the College and also to University Counsel. The Committee found no 2 Harvard uses the term \u201cdisclosure\u201d to describe a report made by an impacted party that does not in itself result in an investigation. Other institutions often refer to such a report as an \u201cinformal complaint.\u201d While we follow Harvard\u2019s terminology throughout the report, we take \u201cdisclosure\u201d and \u201cinformal complaint\u201d to be interchangeable terms. 4 record of any subsequent response to this complaint, other than support provided to the student. In the decades following the 1983 Rosovsky letter and its sanctions, Dom\u00ednguez rebuilt his career at Harvard. In 1985, Dom\u00ednguez served as Chair of the Special Appointments Committee in the Government Department. In the same year, Dom\u00ednguez chaired the Foreign Cultures subcommittee of the Core Curriculum. From 1995 to 2006, he served as the Director of the Weatherhead Center for International Affairs. From 2004 to 2018, he served as the Chair of the Harvard Academy for International and Area Studies. Finally, from 2006 to 2015, he served as the inaugural Vice Provost for International Affairs. On February 27, 2018, The Chronicle of Higher Education published an article containing allegations that Dom\u00ednguez had sexually harassed at least ten women over the prior decades. On March 2, Provost Alan Garber referred to the article in a communication to the University community. \u201cIt was heartbreaking,\u201d he wrote, \u201cto read the accounts of former students and faculty who report having suffered inappropriate and unwelcome behavior University spokesperson issued a statement on the same day encouraging members of the Harvard community who had experienced harassment to contact the Title Officer, the Title Office, or the Office for Dispute Resolution (ODR). On March 4, 2018, a follow-up article in the Chronicle reported more allegations. Together, the articles described harassment of at least eighteen women by Dom\u00ednguez over the period from 1979 to 2015. The women had held a broad array of positions at Harvard, including as faculty, graduate students, undergraduate students, and staff. On the day the Chronicle published its follow-up article, Harvard took action against Dom\u00ednguez Dean Michael Smith sent an email to the Harvard community stating that Dom\u00ednguez had been placed on leave effective immediately pending a \u201cfull and fair review of the facts.\u201d The next day, a Title coordinator for the filed a complaint against Dom\u00ednguez with the ODR. On March 6, 2018, Dom\u00ednguez announced his resignation, which he characterized as a retirement. Subsequently, University affiliates began calling for an external review conducted by an independent body. On the one-year anniversary of the first Chronicle article, students rallied in protest outside of Massachusetts Hall, calling again for an external review. President Bacow responded that he would wait until the had filed its Report before opening such an inquiry. In March 2018, Government Department Chair Jennifer Hochschild launched and charged a \u201cCommittee on Climate Change.\u201d Chaired by Professor Levitsky, this Committee engaged in a self-study to ascertain how to create a safer and more inclusive environment in the Department. The Committee submitted its 52-page Report on April 30, 2019, which recommended an external review and set forth a proposed charge for it. In March 2019, the concluded its investigation and forwarded its full Report, including findings of fact and determinations, to Dean Claudine Gay. On May 9, 2019, Gay 5 announced the conclusion of the investigation in an email to the community. She conveyed the finding of the investigation that Dom\u00ednguez had \u201cengaged in unwelcome sexual conduct toward several individuals, on multiple occasions over a period spanning nearly four decades.\u201d In a departure from custom, Dean Gay described the sanctions the University was imposing on Dom\u00ednguez, which included the revocation of his emeritus status, along with revocation of all rights and privileges ordinarily available to retired faculty. On the same day as Dean Gay\u2019s announcement, President Bacow confirmed that the University would initiate a review by a three-member external committee. As discussed above, he wrote to Professor Levitsky on September 6, 2019, setting forth the membership of the Committee and its charge The Committee began its deliberations in September 2019. The University granted it full access to all relevant materials, including confidential files and reports, as well as to all personnel it sought to interview. The Committee started by reviewing salient public background information, including the Chronicle articles, the Report by the Department of Government\u2019s Committee on Climate Change, and other discussions of the Dom\u00ednguez matter in the public domain. The Committee also examined non-public information, ranging from the 1983 Rosovsky letter to the 2019 final Report. In early November, the Committee met in person in New York City to discuss these materials and to set an agenda for the investigative portion of its work. It visited the Harvard campus on December 11, 2019, for a full day of meetings. The Committee returned to Harvard for another full day of meetings on February 3, 2020. During these meetings, the Committee spoke with the following individuals: \u25cf Students in the Government Department; \u25cf Faculty in the Government Department; \u25cf Members of the Government Department\u2019s Committee on Climate Change; \u25cf Current and former University administrators; \u25cf Representatives from the Harvard Title Office and ODR; \u25cf Individual members of Harvard\u2019s faculty who have done significant work in areas relating to Title and organizational culture; \u25cf Four women who reported sexual harassment by Dom\u00ednguez to the Chronicle, and who requested an in-person group meeting with the Committee, accompanied by their legal counsel. The Committee supplemented these in-person conversations with other forms of outreach. Prior to the Committee\u2019s first visit to Harvard, it informed members of the Government Department that a dedicated email address had been set up for the Committee. It invited individuals to send comments pertaining to the Committee\u2019s charge to that address. In a further effort to protect anonymity, the Committee created a process through which 6 individuals could submit hard copy letters to the Department\u2019s Title liaison to be hand delivered to the Committee. To understand the evolution of the Department and its culture, the Committee reviewed the Reports of the Visiting Committees to the Department from the date of Dom\u00ednguez\u2019s arrival at Harvard in 1972 to 2019. Composed of colleagues at peer institutions, the Visiting Committees assess the strengths and weaknesses of Harvard units at regular intervals. The Committee examined the Government Department Visiting Committee reports filed in 1973, 1976, 1980, 1983, 1985, 1988, 1991, 1994, 1997, 2003, 2007, 2010, 2013, 2016, and 2019. In early 2020, the COVID-19 pandemic made further in-person meetings impracticable. Starting in March 2020, the Committee held follow-up meetings on Zoom and telephone calls. These discussions included conversations with University counsel (principally to clarify the University\u2019s confidentiality practices) and with other University officials. In charging the Committee with three questions, President Bacow noted that the Committee should \u201cuse the Dom\u00ednguez case as an example through which these questions can be explored.\u201d At the same time, he emphasized that the review would not constitute \u201ca re- investigation of the allegations, nor a review of the investigation of those allegations.\u201d In this report, we hew closely to these instructions. We use the Dom\u00ednguez case to inform a path forward for the University, not to construct a comprehensive picture of its past. We recognize that any attempt to evaluate actions taken in the past relating to sexual harassment must take into account dramatic changes in mores on this topic. Evidence indicates that Harvard has had a permissive culture regarding sexual harassment, as have many organizations over the time period in question here. We seek neither to condone past misconduct because of the time in which it occurred, nor to condemn it according to the standards we would apply today. Instead, we assess the University\u2019s responses in the context of the times in which they were made and then consider current practices. In our analysis, we provide concrete, actionable steps that Harvard might take. We found particularly relevant two reports on sexual harassment remediation\u2014a 2016 Report by the U.S. Equal Employment Opportunity Commission3 and a 2018 Report by the National Academies of Science, Engineering, and Medicine (NASEM).4 Both Reports point to the critical importance of correcting a culture permissive of sexual harassment, albeit in abstract terms. Many of the Committee\u2019s recommendations are anchored in these Reports, but seek to adapt the Reports\u2019 general recommendations to the specific context of Harvard and the Government Department. Finally, President Bacow directed our attention both to the Dom\u00ednguez case, on the one hand, and to the greater \u201cUniversity community\u201d on the other. In keeping with that instruction, 3 Chai R. Feldblum and Victoria A. Lipnic, Report of the Co-Chairs of the Select Task Force on the Study of Harassment in the Workplace (Washington: U.S. Equal Employment Opportunity Commission, 2016). 4 National Academies of Sciences, Engineering, and Medicine, Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine (Washington: The National Academies Press, 2018). We note that Professor Magley is a co-author of this Report. 7 some portions of our report will address the Government Department, while others will address the University as a whole. We trust that the unit of analysis discussed will be clear from its context. The report is organized around the individual questions of the Committee\u2019s charge, with responses to each of the charge\u2019s questions followed by specific recommendations IT? According to several sources, long before the Chronicle story broke, Dom\u00ednguez\u2019s harassment was a matter of common knowledge among some members of the Government Department. However, many who suffered from or knew of Dom\u00ednguez\u2019s misconduct did not report it. The Committee found three characteristics of the Department that inhibited those who had suffered or observed misconduct from reporting it: (1) pronounced power disparities; (2) inadequate reporting mechanisms; and (3) a disproportionately low number of women on the Department\u2019s faculty. The Committee also found that the University\u2019s failure to publicize the sanctions against Dom\u00ednguez in 1983 led to underreporting of his subsequent misconduct. We defer this discussion to Part V.A. of this Report, where we discuss the harms arising from the failure to publicize sanctions more broadly. A. Pronounced Power Disparities High power distance cultures in organizations increase the risk of harassment5 and decrease the likelihood that harassment will be reported.6 Such cultures are characterized by pronounced power disparities between individuals of higher and lower status. Individuals with lower status are less likely to voice concerns about the organization, including concerns relating to sexual harassment and other ethical issues.7 Many sources, including multiple interviewees and Visiting Committee Reports, described the Government Department as a high power distance culture. The pronounced power hierarchy inhibited reporting in the Dom\u00ednguez case. 5 Feldman and Lipnic, Report of the Co-Chairs, 28. For a review of scholarship on the role of power differentials in harassment particularly related to gender and its incidence in the academy, see Ann E. Tenbrunsel, McKenzie R. Rees, and Kristina A. Diekmann, \u201cSexual Harassment in Academia: Ethical Climates and Bounded Ethicality,\u201d Annual Review of Psychology, 70 (2019): 245-70. 6 Geert Hofstede, Culture\u2019s Consequences: International Differences in Work-Related Values (Beverly Hills, CA: Sage Publication, 1980). Michael A. Daniels and Gary J. Greguras, \u201cExploring the nature of power distance: Implications for micro- and macro-level theories, processes, and outcomes,\u201d Journal of Management 40 no. 5 (2014): 1202-1229. 7 Adam B. Malamut and Lynn R. Offermann, \u201cCoping with sexual harassment: Personal, environmental, and cognitive determinants,\u201d Journal of Applied Psychology 86 no. 6 (2001): 1152-1166. 8 Interviewees reported the sense that the senior Government Department faculty were highly collegial among themselves and protective of each other. The close ties among the senior faculty left students\u2014and even junior faculty\u2014feeling uncertain of their status and rights. Students told the Committee that the Department\u2019s senior faculty held the highest status and enjoyed privileges not afforded to other members of the Department. The Visiting Committee Reports as well as the Committee\u2019s investigation corroborated that these power disparities were reflected and reinforced by severe inequities across a broad swath of Departmental activities. For instance, we found that a disproportionate share of teaching, advising and citizenship responsibilities routinely fell on junior faculty and graduate students. In this culture, junior members feared their careers could be derailed or destroyed if they triggered the displeasure of a senior member. Even in the absence of direct retaliation, students worried about being branded as \u201ctroublemakers\u201d by powerful members of the community. Students did not distinguish Dom\u00ednguez from other faculty members in reporting their concerns about the power hierarchy in the Department. The Visiting Committee Reports between 1972 and 2019 make repeated reference to such power differentials, underscoring that this issue had been a perennial one for the Department. The Reports note various forms of progress that have moderated these power differentials, such as the implementation of a real tenure track. Nevertheless, the Reports consistently refer to the unusually hierarchical nature of the Department, characterizing the power disparities in the Government Department as more pronounced than those present at peer institutions. Community members specifically attributed the underreporting of Dom\u00ednguez\u2019s misconduct to concerns related to power disparities. One individual stated that she was reluctant to bring her harassment complaint about Dom\u00ednguez to her faculty mentor because that mentor was untenured. She believed that asking him to take her side (as she believed he would) could jeopardize his career. Another student described a Departmental forum, convened in the wake of the Chronicle articles, at which a senior faculty member began the proceedings by describing Dom\u00ednguez as a \u201cfriend,\u201d which inhibited students from speaking openly about him. Still another initially brought her complaint about Dom\u00ednguez to an sexual harassment counselor without naming him or the Department. The counselor told her that if the student identified the Department, the counselor could guess the faculty member. The student interpreted this comment to mean that the University knew about misconduct by several high-ranking faculty members but had done nothing to correct it. Consequently, she decided not to file a formal complaint. Staff who experienced sexual harassment by Dom\u00ednguez similarly stated that they did not report him because they feared running afoul of a powerful administrator. Recommendation 1: Foster Greater Psychological Safety Hierarchies are necessary structural features of effective organizations, allowing groups to have greater impact and efficiency. However, abuse of a hierarchical position that takes advantage of lower status individuals can irrevocably damage the career and life of those abused. Such abuse squanders talent and defeats those who otherwise might contribute to the 9 shared enterprises of education and research. Moreover, such abuse corrodes the community by undermining confidence in shared values. Harvard, like every organization, must manage its hierarchies to limit their potential for abuse. We make no effort to treat that vast topic comprehensively here. Yet in the spirit of catalyzing a conversation on this topic in the Harvard community, the Committee notes that it found the concept of \u201cpsychological safety,\u201d as elaborated by Professor Amy Edmondson of the Harvard Business School, to be instructive\u2014particularly after interviewing her and considering her published work.8 Edmondson argues that organizations work best when they are unhindered by interpersonal fear, including the fear created by organizational hierarchy. To surmount that fear, she encourages organizations to foster cultures of psychological safety, which she defines as \u201ca climate in which people are comfortable expressing and being themselves.\u201d9 In such a culture, individuals \u201care confident that they can speak up and won\u2019t be humiliated, ignored, or blamed.\u201d10 The Committee recommends applying the concept of psychological safety to this context. Many interviewees described the overwhelming fear created by power hierarchies in the Government Department. As Edmondson notes, however, organizations need not accept such fear as an inevitable byproduct of hierarchy. She outlines strategies that leaders can use to promote psychological safety, such as creating and communicating shared expectations, inviting participation by welcoming all perspectives, and adopting an attitude of continuous learning across organizational as well as academic domains.11 B. Inadequate Reporting Processes Several individuals stated that they did not report harassment by Dom\u00ednguez because they lacked confidence in the existing reporting procedures. One interviewee said that she did not file a complaint in 2012 because \u201cmany other victims and were very concerned about safeguards in the process and confidentiality and fear of reprisal.\u201d Another individual did not pursue a formal complaint in 2015 because she deemed the process for filing a formal complaint to be \u201cclunky\u201d and \u201cintimidating.\u201d Although they describe steady improvement in reporting procedures over time, the Visiting Committee Reports similarly identified gaps in those procedures. Institutions of higher education\u2014including Harvard\u2014have greatly improved the processes for reporting harassment over the past several years. In 2015, reforms to Title required institutions to monitor experiences of campus members more closely. In the immediate wake of the 2015 reforms, Harvard\u2019s Title Office both gathered disclosures about alleged experiences and conducted formal investigations. In 2017, Harvard improved its procedures by creating separate paths for disclosures (which preserve anonymity) and for formal complaints (which require identification). Currently, the Title Office processes disclosures 8 Amy C. Edmondson, The Fearless Organization: Creating Psychological Safety in the Workplace for Learning, Innovation, and Growth (Hoboken, N.J.: John Wiley & Sons, 2019). 9 Ibid., xvi. 10 Ibid. 11 Ibid., 153-86. 10 and the conducts investigations initiated by formal complaints. This separation helps ensure that disclosures do not turn into investigations without the full consent of impacted parties. Having a conduit for anonymous disclosures helps address the widespread concern that making a formal complaint will adversely affect a complainant\u2019s safety, reputation, or career opportunities. In particular, disclosures may be filed anonymously, whereas formal complaints require identification of the impacted party to an individual against whom a complaint is made. In line with due process requirements, disciplinary actions can only result from formal investigations. Even so, the Title Office endeavors to provide supportive measures for all impacted parties. Supportive measures center on an impacted party\u2019s well- being (for example, the reassignment of an impacted individual who has complained about a supervisor). While disclosures are recorded in the Title Office, they cannot be accessed for personnel decision-making. Importantly, these processes provide a conduit for disclosures to be filed anonymously, while also protecting the due process rights of the respondents (the individuals against whom complaints are made). When a respondent is named more than once, anonymous disclosures are brought to the attention of the Title Coordinator. In this way, someone who has been named more than one time can initially be addressed with informal interventions by the Title Office. Such interventions notify individuals engaging in potential misconduct that their behavior has been perceived as inappropriate. By engaging in an early intervention, the Title Office notifications can prevent further inappropriate behavior. In addition to providing an avenue for anonymous reporting, this structure opens the possibility for a graduated plan of intervention that can match consequences to the nature and intensity of the alleged behavior. To guide individuals through what can be perceived as a complicated process, Harvard has developed a broad network of over fifty Title Resource Coordinators across the University. These Resource Coordinators are available to explain an impacted individual\u2019s options to resolve their concerns. These Coordinators are distributed across the University\u2019s Departments and Schools, and are likely to be known through their other roles at Harvard. These features of the network are designed to enhance the comfort of impacted parties in making a disclosure. The Committee finds that the University had inadequate reporting mechanisms in the past. However, having now dramatically improved these processes, the University is much better equipped to deal with instances of harassment today remaining challenge with regard to these mechanisms is communicating them effectively to the Harvard community. The Committee found widespread confusion about even the most fundamental aspects of the reporting system. Multiple individuals, for instance, did not know the difference between the Title Office and the ODR, or the difference between a disclosure and a formal complaint. In addition, individuals expressed confusion about when formal disciplinary actions can and cannot be taken, as well as how these procedures can or cannot affect future personnel decision-making. 11 Recommendation 2: Better Communicate Processes for Reporting Misconduct Harvard should initiate a widespread educational effort to help ensure that the processes for reporting sexual harassment are broadly understood. In doing so, it should pay particular attention to providing reassurance about how both impacted parties and individuals engaging in possible misconduct are protected in these processes. We offer four examples of how Harvard could more effectively assuage the concerns of individuals who fear losing control of the process. First, Harvard could clarify the anonymity offered by the process. We repeatedly encountered individuals who feared that they would be named and thereby opened to retaliation. We find that Harvard now has thoughtful anonymous procedures that balance protections for all parties involved. Communicating this balanced approach would be extremely useful. Second, Harvard could clarify its practice of offering a calibrated, graduated response to alleged misconduct. Several individuals stated that they did not complain about Dom\u00ednguez because they worried that a resulting sanction would be unduly severe. As one said didn\u2019t want him to be fired just wanted the behavior to stop.\u201d In Dom\u00ednguez\u2019s case, of course, the cumulative effect of these complaints would have appropriately led (and eventually did lead) to a serious consequence: revocation of his emeritus status and his access to the University. However, in other circumstances, Harvard has the capacity to impose penalties for a respondent along a continuum. This ability to escalate responses is commendable, but is not well known within the broader Harvard community. Third, Harvard could better clarify the distinction between two kinds of reports by individuals who have experienced harassment. Disclosures are made without the intent to activate a formal investigation; their intent is simply to convey information about an individual to the Title Office. Formal reports are made as official complaints, with the possibility of triggering a full investigation by the ODR. The Harvard Title Office is sensitive to the semantic and substantive distinctions between \u201cdisclosures\u201d and \u201ccomplaints.\u201d Yet because many community members are not familiar with this terminology, they might not appreciate its intent to facilitate individuals\u2019 reporting of misconduct. Finally, Harvard should develop online resources that explain its procedures in easy-to- access locations and in clear terms recently established such a website.12 Due to its greater decentralization, Harvard\u2019s analogous, central online resource page is more sparsely populated. That page\u2019s utility is further limited by the absence of weblinks to the policies of the Schools and Programs. An authoritative, shared website for all such materials would greatly increase access to, and understanding of, Harvard\u2019s policies and procedures, along with providing regular reminders of how to access help and support for those who have experienced sexual harassment or other misconduct. 12 \u201cComplaint Resolution.\u201d Relations and Responsibilities Within the Community, complaint-resolution (retrieved December 8, 2020). 12 We offer these suggestions not as comprehensive solutions, but only to give some definition to our sense that Harvard\u2019s reporting process today suffers less from deficits in the substance of the policies and procedures than in the communication of them. Harvard has put in place a sophisticated and orderly process, the success of which is demonstrated by annually increasing numbers of disclosures and complaints filed over the past 5 years.13 Even the best procedures, however, will not result in adequate reporting if their existence is not well known or if they are perceived to be unduly risky or cumbersome. C. Faculty Gender Imbalance The incidence of sexual harassment is higher in male-dominated workplaces than in gender- balanced ones.14 Noting this point, the Government Department\u2019s Climate Change Committee expressed concern about the underrepresentation of women on its faculty. Visiting Committee Reports also consistently articulated concerns about the Government Department\u2019s insufficient recruitment, retention, and advancement of female scholars. The Department has made steady progress in achieving better gender balance on the faculty, from 9.0% women faculty in 1980, to 24.7% in 2000, to 31.3% in 2019. The Climate Change Committee observed that the 2019 percentage roughly matched the average among eleven peer institutions. Several sources suggested that the dearth of female faculty members led to underreporting. One Visiting Committee Report expressed the view that women were more likely to disclose harassment to women faculty members. One female student likewise stated, to broad assent in the room, that she would find it easier to discuss sexual harassment with a female faculty member than with a male one. Recommendation 3: Achieve Greater Faculty Gender Balance The Government Department should continue to make efforts to increase the number of women faculty in the Department. Such an increase could potentially diminish sexual harassment and, of course, would have many other benefits. At the same time, the Committee cautions against relying too heavily on faculty hiring to combat sexual harassment. Changing the gender composition of the faculty is a long-term effort, and the Department needs solutions more urgently. Furthermore, scholarly literature emphasizes that changes in gender composition do not, by themselves, mitigate sexual 13 Harvard University Office for Dispute Resolution and Title Office 19 Annual Report, 2019, Cambridge, MA: Harvard University, 14 Tenbrunsel, \u201cHarassment in Academia,\u201d 251 (\u201cResearch shows . . . that male-dominated organizations . . . are associated with increased sexual harassment of women, particularly gender harassment.\u201d); Paula McDonald, \u201cWorkplace Sexual Harassment 30 Years on Review of the Literature,\u201d International Journal of Management Reviews 14 no.1 (2012): 1-17, p. 9; Dana Kabat-Farr and Lilia M. Cortina, \u201cSex-based harassment in employment: New insights into gender and context,\u201d Law and Human Behavior 38 no. 1 (2014): 58-72. 13 harassment.15 The increasing number of women on the faculty over the time of Dom\u00ednguez\u2019s career in the Department did not appear to affect his behavior RESPONSE? In considering the characteristics that may have inhibited an effective response to complaints, we distinguish among three sets of responses: the University\u2019s 1983 response to a formal complaint; its 2018-19 response to a formal complaint; and its responses or non-responses to a series of disclosures over the decades. We briefly describe these responses before setting forth the characteristics that may have impeded some from being fully effective. For its time, the University\u2019s 1983 response to Karl\u2019s formal complaint was appropriate and admirable in many ways. After finding that Dom\u00ednguez had harassed Karl Dean Rosovsky meted out sanctions against Dom\u00ednguez in clear terms. He also issued a warning that any repetition of the offense would lead to a termination recommendation to the Corporation. However, conforming to the policies and practices of that time, Rosovsky did not publicize these sanctions. In part for this reason, his sanctions were not adequately enforced. Much has changed both in the University and the national culture since 1983. If the University confronted the same situation today, it has the processes and structures in place to handle it differently. Indeed, the University\u2019s treatment of the formal complaint filed against Dom\u00ednguez in 2018 may reflect how the University has evolved in the past decades. The complaint resulted in an investigation by the that culminated in a confidential formal Report. The Committee reviewed the Report and found it comprehensive, balanced, and sound. In her response to the Report Dean Gay made her 2019 sanctions public, so that all could know that the University had stripped Dom\u00ednguez of emeritus status and banned him from Harvard activities. Finally, individuals made several disclosures of Dom\u00ednguez\u2019s sexual harassment over the years to University officials. Several of these complaints were recorded in two separate locations; some were, apparently, not recorded in any official file. Dom\u00ednguez\u2019s faculty personnel file contains two such disclosures. One, from 1983, detailed events that took place in the late 1970s. The other, dated 1989, described events that took place in that year. Title files in Central Administration contain a separate set of disclosures made in 2015, when three women in the Harvard Development Office reported to their supervisor and the Title Officer that Dom\u00ednguez had made them uncomfortable. After the Title Office made arrangements to limit their interactions with Dom\u00ednguez, they elected not to file a formal complaint. The disclosures in Dom\u00ednguez\u2019s faculty personnel file do not appear in the Central Administration Title files, and the disclosures in the Central Administration files 15 Anita Raj, Nicole E. Johns, and Rupa Jose, \u201cGender Parity at Work and Its Association with Workplace Sexual Harassment,\u201d Workplace Health & Safety 68 (2020): 279 (\u201cGender parity at work is not sufficient on its own to address workplace sexual harassment; normative changes are needed.\u201d). 14 do not appear in Dom\u00ednguez\u2019s faculty personnel file. None of these complaints activated the consequence set forth in Dean Rosovsky\u2019s letter. Furthermore, we know from our interviews and from the Chronicle coverage that some individuals made disclosures to University officials that were not recorded in either official personnel file. The Committee finds that four characteristics of the University inhibited a fully effective response to these reports: (1) a practice of keeping sanctions confidential; (2) a failure to monitor employees with past infractions; (3) a failure to hold the Government Department accountable for its culture and the behavior of its faculty; and (4) the absence of processes to handle disclosures Practice of Keeping Sanctions Confidential Research on sexual harassment underscores the importance of making sanctions public when possible.16 The Committee finds that in the case of Dom\u00ednguez, the failure to make the sanctions imposed by Rosovsky public significantly impeded the effectiveness of his sanctions. Rosovsky\u2019s letter, which set forth these sanctions, was confidentially submitted to Dom\u00ednguez and entered into his faculty personnel file. Due to the Corporation\u2019s rules regarding personnel records, they have remained confidential ever since. The Committee understands the general importance of maintaining the privacy of employee records. However, in this case, the failure to make the sanctions public had three negative consequences. First, the failure to publicize sanctions led to confusion and consternation across generations about whether Dom\u00ednguez had been punished at all. Even at the time of the initial sanctions in 1983, students expressed concern about the lack of transparency surrounding the sanctions. More than three decades later, the individuals we interviewed remained uncertain about what action the University had taken significant number believed that no action had been taken against Dom\u00ednguez. Second, the failure to publicize the sanctions led to failures of enforcement. Rosovsky\u2019s letter stated that Dom\u00ednguez would not have any administrative responsibilities for three years in the Government Department. Nevertheless, two years later, in 1985, the Government Department assigned Dom\u00ednguez as Chair of its Special Appointments Committee. Also in 1985, the appointed Dom\u00ednguez to serve on the Foreign Cultures subcommittee of the Core Curriculum. The Government Department appointment violated the explicit terms of Rosovsky\u2019s sanctions. The appointment arguably violated the spirit of those sanctions. Publicizing the sanctions to the community might have increased the probability of their enforcement. Finally, the failure to discuss the 1983 sanctions in a transparent way within the Government Department led to under-reporting of Dom\u00ednguez\u2019s ongoing misconduct. In the first Chronicle article, one alumna said that she did not file a formal complaint because she knew Dom\u00ednguez had been involved in a harassment incident in the past, and she believed he had not been punished. Even individuals who knew that Dom\u00ednguez had been punished noted that 16 NASEM, Sexual Harassment of Women, 145; Feldblum and Lipnic, Report of the Co-Chairs, 86. 15 the absence of public acknowledgement inhibited them from speaking out about his misconduct. One student stated to the Committee that \u201c[t]he fact that only learned about Dom\u00ednguez\u2019s past through secret whisper networks and no one with a formal title addressed it sent the implicit message that faculty and staff knew, didn\u2019t care, and that [reporting] would only strain my relationships with potential advisors.\u201d Recommendation 4: Improve Transparency Around Investigations and Sanctions Had broader awareness existed of Rosovsky\u2019s 1983 sanctions, Dom\u00ednguez\u2019s continued misconduct might have been reported and addressed sooner. Dean Gay\u2019s recent decision to make sanctions public represents a critically important advance. While in less severe cases sanctions may not need to be broadly publicized, the misconduct here was persistent, broad, and severe. In such cases, to the extent possible, an effective response may require greater awareness of the infraction and sanction, at least within the relevant unit. As one example, we note that Yale University has adopted strategies for making sanctions more public. The University publishes a semi-annual \u201cReport of Complaints of Sexual Misconduct\u201d that includes the nature of sexual harassment complaints at a level of generality that preserves anonymity and, notably, includes descriptions of the resolution of these complaints.17 Such transparency enhances the psychological safety of future impacted parties by demonstrating that their reports will be taken seriously, will not entail risk to them, and will result in concrete action. Publicizing sanctions can also enlist a broader set of individuals in their enforcement. To be sure, accountability ultimately requires a designated line of authority, particularly within a decentralized institution like Harvard. Nonetheless, public awareness of cases and their sanctions can encourage those who experience or observe misconduct to report it general understanding of what had transpired in the Dom\u00ednguez case would have diminished reliance on a \u201cwhisper network\u201d as the primary source of knowledge broader knowledge would also have diminished reliance on leaders like Department heads, which is particularly relevant when Department heads serve relatively short terms. (In the Government Department, for instance, most heads over recent decades served for four to five years.) Instead, the collective memory of the Department would be held by all its members Failure to Monitor Employees with Past Infractions We found no evidence that the University or monitored Dom\u00ednguez\u2019s behavior after the University sanctioned him in 1983. Indeed, a scholar of institutions in the Government Department wrote a memorandum to the Department observing that the Dom\u00ednguez case illuminated that \u201cthere have never been adequate mechanisms for long-term monitoring of employees retained after adjudicated infractions.\u201d 17 Yale University Title Office, Report of Complaints of Sexual Misconduct Brought Forward July 1, 2019 through December 31, 2019, 2019, New Haven, CT: Yale University, pp. 10-12, 16 We do not conclude that the University has the responsibility to remove every individual who has been found guilty of sexual harassment. The purpose of the University\u2019s graduated policies of responses for findings of misconduct is that some individuals should be permitted to remain in the community. However, the University has the responsibility to monitor individuals who have been found to have committed misconduct so that any subsequent infraction can be detected and addressed. Recommendation 5: Monitor Employees with Past Infractions We suggest that the University develop appropriately scaled processes to monitor employees who have been found to have committed sexual harassment (or other misconduct). Such a monitoring system should have the following features. First, when an individual is found to have engaged in misconduct, the sanctions should include the notification that the individual will be monitored, and that even disclosures against them will be escalated to top levels of authority. Second, the relevant University units receiving complaints\u2014including but not limited to the Title Office\u2014should have the ability to check each new complaint against a reliable database of past offenders. If a new complaint names an individual already included in such a database, the complaint should trigger a formal investigation, with the possibility of further, more serious sanctions Failure to Hold the Department Accountable The Committee noted two instances of the Government Department failing to take action on known sexual harassment. While acknowledging that these instances are different in nature, the Committee finds both troubling. First, around the time of the Karl complaint, the Government Department had two additional reported incidents of sexual harassment. Even though these incidents, along with the Dom\u00ednguez incident involving Terry Karl, involved three different Government Department faculty, the Department did not initiate a systematic review. While the Faculty Council met to discuss sexual harassment, it did not specifically address the sexual harassment findings in the Department, at least not in a manner that prevented further sexual harassment by Dom\u00ednguez. Second, among the most unsettling circumstances of the Dom\u00ednguez episode is the reported knowledge of his perpetration of sexual harassment among members of the Government Department, and the lack of any apparent effort by senior faculty to protect other members of the community from his abusive behavior whisper network clearly held knowledge of Dom\u00ednguez\u2019s misconduct, which suggests that at least some senior faculty had some level of awareness about his behavior. Nonetheless, no one stepped forward to arrest it. 17 Recommendation 6: Hold University Units Accountable These two instances of Departmental failure call for different responses. The first, involving three discrete incidents, is somewhat easier to address history of multiple episodes of sexual harassment, committed not just by a single individual but by several members of a department, warranted a review of the Department at the decanal level, if not higher. Such a review should have led to policy changes, personnel actions, or cultural reforms that could have prevented further misconduct. The Department\u2019s passivity with regard to Dom\u00ednguez\u2019s ongoing harassment presents a more challenging issue, in part because only some of the faculty apparently knew about his behavior. In both instances, however, accountability must rest with the Department. To that end, we recommend the institution of a regular cycle of internal reviews, overseen by the relevant Dean and the Provost to examine issues of sexual and gender-based harassment. Because of the short duration of an undergraduate education and the exigency of this issue, we underscore that these reviews should be conducted at least once every three years. These reviews must include a confidential avenue for gathering information on these and other issues from students, junior and senior faculty, and staff. Oversight by the cognizant Dean and the Provost is required to ensure the rigor and integrity of such reviews. In addition to such self-studies, Harvard\u2019s robust external visitation process could play a role in raising awareness of these issues and setting explicit goals to achieve better practices. Under Harvard\u2019s system of visitation, external experts in the field review the strengths and weaknesses of most Harvard units on a regular basis. Our Committee reviewed fifteen full and interim Reports of the Government Department\u2019s Visiting Committees and found that the Committees corroborated many of our concerns about the Department\u2019s culture. Several of the Reports addressed issues relating to sexual and gender-based harassment, perennial power disparities, and gender imbalance in the Department. The University could leverage the visitation process to provide ongoing accountability for sexual and gender-based harassment. We do not prescribe a particular agenda for the Visiting Committees, but we recommend that the Departments (and the Deans and Provost) review Visiting Committee Reports with an eye to these issues and, when found, document plans to address the issues and follow up to ensure that they have been remedied. D. An Absence of an Adequate Process to Receive and Respond to Disclosures The Committee finds that the University lacked adequate processes to deal with disclosures, at least at the time the complaints discussed here were made. We see three areas for improvement. First, subsequent disclosures concerning Dom\u00ednguez did not trigger the consequences set forth in the 1983 sanctions. Dom\u00ednguez\u2019s faculty personnel file contains two disclosures. Dean Rosovsky addressed the misconduct underlying the 1983 complaint in his letter to Dom\u00ednguez. However, the Committee could find no record of any consequences for Dom\u00ednguez resulting from the 1989 letter. This inaction is troubling, as the activity described 18 in the 1989 letter, if true, could have triggered a dismissal recommendation to the Corporation under the terms of the Rosovsky sanctions. Second, we know that several disclosures were made to or University officials that were not entered into either Dom\u00ednguez\u2019s faculty personnel file or the records held by the Title Office. The University should establish practices that ensure all complaints are recorded in readily accessible files. Third, disclosures were filed in at least two different locations. The 2015 reports made by development staff are not part of Dom\u00ednguez\u2019s faculty personnel file, but are in files held by the Title Office. Conversely, the 1983 and 1989 letters in Dom\u00ednguez\u2019s faculty personnel file are not part of the Title files. The multiple locations of records of complaints make it difficult for even a well-intentioned reviewer to locate records of past misconduct with confidence. Recommendation 7: Communicate Structures to Address Disclosures Historically, Harvard has not had strong mechanisms to handle disclosures effectively. Over the past decade, those reporting mechanisms have dramatically improved. However, work remains to be done on the three fronts discussed above. First, the recorded the 1989 complaint in Dom\u00ednguez\u2019s faculty personnel file, but did not take further action on it. As the Committee understands it, the University felt constrained at the time because the impacted party declined to file a formal complaint. Changes in University policy and practice now allow for a more effective response to such disclosures. Nevertheless, the existence of this letter in the file is a stark reminder of how much harm could have been avoided had more robust processes been in place. If made today against someone with a previous history of sanctions, such a disclosure should trigger a full and fair investigation with the Title Resource Coordinator as the complainant. Second, Harvard should ensure that disclosures made to School or University officials are handled correctly. Again, we realize that significant improvements have been made in this area. However, we recommend that Harvard continue to increase the capacity of all members of the community to address such reports of harassment. In particular, the Committee recommends amplified training for individuals assuming leadership roles. Finally, Harvard must ensure that it records the disclosures it receives in a centralized location. This would require the creation of a centralized repository, which we discuss below in Part VI.B. 19 THIS? The University not only permitted Dom\u00ednguez to remain at Harvard but also promoted him to increasingly higher positions of authority. The Committee reviewed Dom\u00ednguez\u2019s three Harvard appointments subsequent to Rosovsky\u2019s 1983 letter and sanctions. We determined that Harvard leaders made the appointments as follows: Position Chair, Weatherhead Center for International Affairs Chair, Harvard Academy Vice Provost for International Affairs Dates Held 1995-2006 2004-18 2006-15 Dean at time of initial appointment Jeremy Knowles (1991-2002) William Kirby (2002-06) William Kirby (2002-06) Provost at time of initial appointment Albert Carnesale (1994-97) Steven Hyman (2001-11) Steven Hyman (2001-11) President at time of initial appointment Neil Rudenstine (1991-2001) Lawrence Summers (2001- 06) Lawrence Summers (2001-06); Derek Bok (acting President 2006-07) With the exception of Jeremy Knowles, who is deceased, the Committee interviewed all these University leaders. We briefly summarize our findings about these appointments processes before discussing how Harvard might improve them. The death of Jeremy Knowles, reportedly the sole decision maker in Dom\u00ednguez\u2019s appointment as Chair of the Weatherhead Center, prohibits a complete understanding of that appointment process. However, the Committee\u2019s interviews with the other two individuals in leadership roles at the time suggested that neither had prior knowledge of Dom\u00ednguez\u2019s sexual misconduct or of Rosovsky\u2019s sanctions. In 2004 and 2006, a different set of three University leaders were involved in the appointment of Dom\u00ednguez to the positions of Chair of the Harvard Academy and of Vice Provost for International Affairs. We therefore consider these two appointments together. In contrast to the appointment to chair the Weatherhead Center, the administrators making these appointments acknowledged awareness of the 1983 investigation and sanctions. They did not, however, know of any subsequent misconduct, including the misconduct described in the 20 1989 disclosure in Dom\u00ednguez\u2019s faculty personnel file. They reported efforts to determine whether Dom\u00ednguez had engaged in further misconduct, and they recalled finding none. They further discussed with the leadership of the FAS, the University and of the Government Department whether the findings in the 1983 Rosovsky letter should preclude Dom\u00ednguez from consideration for leadership roles. These conversations settled on the view that Dom\u00ednguez had reformed his ways, and that he should not be further punished for past misbehavior. By the time the Committee conducted its interviews, University leaders understood that Dom\u00ednguez had continued to engage in harassment. These individuals expressed profound distress and regret that they had not uncovered evidence of Dom\u00ednguez\u2019s ongoing harassment. They stated that had they known about this additional misconduct, they would not have considered Dom\u00ednguez for these positions. Based on these findings, we find two critical gaps: (1) a failure to establish a standardized vetting process; and (2) the lack of a central repository for personnel files. A. The University Lacks Standardized Vetting Processes for Leadership Candidates Like many organizations, Harvard appears to have made the Dom\u00ednguez appointments in a relatively ad hoc manner. As far as the Committee could determine, University officials were not aware of the 1983 Rosovsky letter when they made the Weatherhead appointment. For the two subsequent leadership appointments, administrators knew of the 1983 Rosovsky letter, but not of the 1989 disclosure. As the Rosovsky letter and the 1989 disclosure were both in Dom\u00ednguez\u2019s faculty personnel file, an examination of that file would have brought them to light and the appointments would likely not have been made. Recommendation 8: Establish Standardized Processes for Vetting Candidates The University should establish a consistent, required process for vetting all candidates for appointments\u2014including but not limited to leadership appointments. This process would have at least the following three features. First, the vetting process should require a thorough examination of the faculty personnel file. While we discuss below how recordkeeping could be centralized, we note that even the most complete file will be of little use if it is not consulted. Prior to an appointment to any position of leadership, a potential candidate\u2019s history of sexual (or other) misconduct, along with any resulting sanctions, must be known and considered. Second, the vetting process should apply to all appointments throughout the University. Even if an individual is not in a leadership position, they should still be held to a baseline level of good conduct. Moreover, these vetting processes should be standardized across all units of the University. 21 Finally, the vetting process should apply both to those arriving at Harvard and to those departing from it. As all universities both send and receive personnel to and from other institutions, Harvard\u2019s obligation to vet candidates extends beyond the University. When Harvard hires a professor from another institution, Harvard should\u2014to the extent possible\u2014 review that professor\u2019s record with regard to issues of harassment and other misconduct. Similarly, to the extent practicable, Harvard should ensure that the institutions to which professors and staff depart are provided with the relevant personnel information. Several universities are beginning to experiment with strategies to avoid \u201cpassing the harasser\u201d that include informing \u201cother colleges about employees\u2019 past misconduct.\u201d 18 Harvard should consider whether it wishes to join their ranks. B. The University Does Not Have a Centralized Repository for Personnel Files Like many universities, Harvard is extremely decentralized. The University has central systems and files for compensation and benefits. However, it does not have a single repository for personnel files for University employees. The creation of an authoritative repository of personnel files would make the vetting process of individuals for leadership roles much more effective. In the Dom\u00ednguez case, the lack of a centralized repository could have impeded the University\u2019s efforts to vet him for the positions he held. It would certainly have impeded an attempt to vet him had any such review occurred after 2015, when disclosures were lodged with the Title Office but not in his personnel file. Recommendation 9: Establish a Centralized Personnel Database The University should establish a centralized, searchable system to maintain authoritative personnel records. We recognize that creating such a repository would be no small task. The University would have to work through the practicalities of where to locate such records, which entity to task with setting up and maintaining such a system, what information to include, and to whom to grant access. Nevertheless, we deem these efforts important centralized, comprehensive, searchable personnel record would have considerable utility in vetting candidates for leadership roles. It would also allow the University to monitor individuals with past sanctions more effectively With few exceptions, the recommendations offered above are relatively easy to administer as matters of policy. This is by design: the Committee scaled the recommendations according to 18 Sarah Brown and Katherine Mangan, \u201c\u2018Pass the Harasser\u2019 Is Higher Ed\u2019s Worst-Kept Secret. How Can Colleges Stop Doing It?,\u201d Chronicle of Higher Education, June 27, 2019, it/. 22 the questions posed in the charge, which were admirably concrete. Nevertheless, we predict that none of these reforms will be effective without a much broader and more ambitious cultural change. We close with some remarks on this point, which we present as a final, tenth, recommendation culture permissive of sexual harassment is the strongest predictor of the occurrence of such harassment.19 Cultures 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 to their complaint. It 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 culture permissive of sexual and gender-based harassment can be recognized in each part of our preceding analysis. With regard to the underreporting of harassment, we reiterate that many individuals did not report harassment because they were concerned that the University was being deliberately inattentive to it. With regard to the relatively ineffective responses to harassment in this case, the University\u2019s failure to publicize sanctions, monitor past offenders, hold Departments accountable, or appropriately process disclosures could all be viewed as symptoms of a permissive culture. And, with regard to vetting candidates for leadership roles, the apparent failure to consult available materials before making high-level appointments could be viewed as a symptom of that culture as well. While the Dom\u00ednguez incident illuminates certain aspects of this culture, it obscures others. Because Dom\u00ednguez\u2019s case raises such stark issues of sexual harassment, it may distract the University from the broader issue of gender-based harassment. Gender-based harassment is any conduct (sexual or otherwise) that conveys hostility, objectification, exclusion, or second-class status about members of one gender (as reflected in comments like \u201cwomen aren\u2019t cut out to be surgeons\u201d or \u201cgirls don\u2019t belong in engineering\u201d). Gender-based harassment also refers to degrading images and words in the ambient environment. In addressing its culture, Harvard should look not only to sexual harassment but also to gender-based harassment for at least two reasons. First, gender-based harassment figures prominently in most individuals\u2019 experiences of sexual harassment. The report states: \u201cWhen an environment is pervaded by gender harassment, unwanted sexual attention and sexual coercion become more likely to occur\u2014in part because [they] are almost never experienced by women without simultaneously experiencing gender harassment.\u201d20 Second, as scholarship has long noted, many forms of harassment that are not sexual in nature are still forms of gender-based harassment.21 Depicted by an iceberg analogy, gender-based 19 Louise F. Fitzgerald, Fritz Drasgow, Charles L. Hulin, Michele J. Gelfand, and Vicki J. Magley, \u201cThe antecedents and consequences of sexual harassment in organizations test of an integrated model,\u201d Journal of Applied Psychology 82 (1997): 578-589. Chelsea R. Willness, Piers Steel, and Kibeom Lee meta-analysis of the antecedents and consequences of workplace sexual harassment,\u201d Personnel Psychology 60.1 (2007): 127- 162. 20 NASEM, Sexual Harassment of Women, 49. 21 Vicki Schultz, \u201cReconceptualizing Sexual Harassment,\u201d Yale Law Journal 107 (1998): 1683-1805. 23 harassment lies beneath the water line of public consciousness, but is actually the more pervasive form of harassment.22 Harvard should not squander the opportunity presented here to address gender-based harassment just because the Dom\u00ednguez case largely centered on sexual harassment. To be clear, we do not view Harvard as unique in permitting the perpetuation of such a culture permissive of sexual harassment. This culture can be observed, unfortunately, as endemic to many universities (and other organizations) around the nation and the world. Harvard has demonstrated a commitment to changing that culture by, among other initiatives, improving its policies and procedures and by requesting the present review, with the intent to continue a \u201cwork in progress.\u201d It is in the same constructive spirit that we offer our final recommendation. Recommendation 10: Accelerate Progress Toward a Culture Intolerant of Sexual and Gender-Based Harassment Developing effective strategies to change deeply embedded features of a university\u2019s culture is as daunting as it is necessary. The Committee does not purport to provide definitive solutions, but rather offers some avenues to pursue. First, we encourage Harvard to leverage the focus the Dom\u00ednguez case has brought to sexual and gender-based harassment within its community to seize this as a \u201cmoment that matters\u201d to catalyze change. An acknowledgement by University leadership of Harvard\u2019s permissive culture and the magnitude of the harm it has caused would be a critical start. While we leave the details to University leadership, we recommend, in the strongest terms, a transparent, credible \u201cturning of the page,\u201d with an admission of the problems of the past and a commitment to a different future. Second, we recommend embedding expectations of ethical and professional conduct more deeply into Harvard\u2019s culture and practice. One consistent theme in the Report is that sexual harassment should be treated as an ethical breach akin to research misconduct,23 and that, conversely, ethical behavior should be rewarded alongside excellent research or teaching. 24 Implicit in the Report is the idea that ethics and professionalism should take their place alongside the three traditional metrics for faculty evaluation\u2014research, teaching, and service. Harvard may wish to add this \u201cfourth pillar\u201d to signal the expectation of the same level of excellence in ethical and professional conduct as is expected in the traditional three domains. Whatever approach Harvard decides to take to instantiate a higher expectation for ethical and professional conduct\u2014with respect to harassment as well as misconduct more broadly\u2014it should be articulated and embraced as a core value of the University. 22 NASEM, Sexual Harassment of Women, 32. 23 NASEM, Sexual Harassment of Women, 114-18 (describing parallels between sexual harassment and research misconduct as forms of unethical behavior), 114-118 (noting that academic institutions should consider sexual harassment to be a breach of academic norms akin to research misconduct); 24 Ibid., 129-30, 180 (noting that institutions should evaluate faculty and staff on the basis of professionalism), 163-64 (noting importance of rewarding collegial behavior alongside teaching and research). 24 As a core value, all members of the University community share the responsibility for developing and upholding conditions that support it, including the commitment of Harvard\u2019s leaders to a culture of anti-harassment. The President, Provost, Deans, and Governing Boards should make a clear statement of strategies to combat sexual and gender-based harassment. At the same time, it will clearly not be enough to simply have the \u201ctop of the house\u201d swear fealty to these ideals. Department heads, individual faculty, administrators, students, and, indeed, all members of the community must participate in securing such a culture for each other. Finally, precisely because we acknowledge the scale of the problem, we urge Harvard to mobilize its vast intelligence and ingenuity to solving the problem of sexual harassment not only for itself, but as an example for all institutions of higher education The Dom\u00ednguez incident provides a call to action for Harvard University around the issues of sexual and gender-based harassment. We conclude by summarizing our recommendations, emphasizing two ways in which our report should not be misconstrued, and extending our thanks to all participants in this process. A. Summary of Recommendations We have made nine recommendations in three categories, and a tenth recommendation that cuts across them all. Encouraging Reports of Misconduct (1) Foster Greater Psychological Safety (2) Better Communicate Processes for Reporting Misconduct (3) Achieve Greater Faculty Gender Balance Ensuring More Effective Responses When Misconduct Is Reported (4) Improve Transparency Around Investigations and Sanctions (5) Monitor Employees with Past Infractions (6) Hold University Units Accountable (7) Communicate Structures to Address Disclosures Vetting Candidates for Leadership Positions (8) Establish Standardized Processes for Vetting Candidates (9) Establish a Centralized Personnel Database Creating an Anti-Harassment Culture (10) Accelerate Progress Toward a Culture Intolerant of Sexual and Gender-based Harassment 25 B. Upholding Academic Freedom and Due Process Rights We now turn to what these recommendations do not purport to do. Nothing in our Report undermines Harvard\u2019s bedrock commitments to academic freedom and to the due process rights of respondents. With regard to academic freedom, several individuals expressed concerns about the unintended effects an anti-harassment culture might visit on the robust exchange of ideas. Reliable research contributions that advance understanding and pioneer new fields require the sometimes uncomfortable rigors of testing ideas to determine their integrity. Such rigorous testing should be expected of all of a community\u2019s members, including its more junior (and often more vulnerable) members. We urge all members of the community to make what seems\u2014at least in the abstract\u2014an obvious distinction between the discomfort of being victimized by sexual or gender-based harassment and the discomfort of having one\u2019s ideas subjected to rigorous intellectual challenge. With regard to due process, the Committee similarly heard interviewees express concern that an anti-harassment culture might grant more latitude to complainants and trample on the rights of respondents. Here, too, we understand\u2014and encourage\u2014the University to hold steadfast in guaranteeing such due process rights. All of the innovations that the University has piloted over the years have sought to balance carefully the rights of the complainants against the rights of the respondents. When individuals or even units within the University have believed that this balance unduly favors respondents, appropriate adjustments have been made. Voices advocating for the rights of respondents are a critical part of any process to reform the University\u2019s policies Note of Gratitude We end with a note of thanks. In its work, the Committee benefited enormously from the candor and generosity of many members of the greater University community. While the scope, complexity, and sensitivity of the issues in this charge can never be completely addressed, our goal is to help advance an appreciation of viable strategies for addressing the underlying issues. We particularly thank the many individuals for whom returning to the topics of this Report recalled events that caused them significant\u2014and in some cases immeasurable\u2014suffering. These individuals were willing to revisit the past to improve conditions for those who will follow them. Their time, honesty, and intelligence were invaluable resources. To all of the participants in this review, we are infinitely grateful. Respectfully submitted, Susan Hockfield, Ph.D. Vicki Magley, Ph.D. Kenji Yoshino, J.D., M.Sc.", "7364_108.pdf": "Retirement amid Harassment Allegations by Marina N. Bolotnikova 2018 for the study of Mexico Jorge Dom\u00ednguez, a member of the department of government in the Faculty of Arts and Sciences (FAS), will retire from his position at the end of the semester. He disclosed that decision in a letter to the chair of the department on March 6, a week after The Chronicle of Higher Education reported that 10 women had accused Dom\u00ednguez of sexual harassment at various times across nearly 40 years Chronicle follow-up reported that eight additional accusers had come forward. 2/22/25, 8:13 Professor Jorge Dom\u00ednguez faces \u201cfull and fair review\u201d \| Harvard Magazine 1/3 dean Michael D. Smith announced on March 4 that Dom\u00ednguez would be placed on administrative leave indefinitely, \u201cpending a full and fair review of the facts and circumstances regarding allegations that have come to light.\u201d In a subsequent statement, Smith said want to be very clear that Dom\u00ednguez\u2019s forthcoming retirement does not change the\u2026review that is currently under way.\u201d Thus, he \u201cremains on administrative leave until it is concluded\u201d\u2014and the outcome of the review may affect the rights and privileges normally provided to retired faculty members. The women accusing Dom\u00ednguez ranged from undergraduates to faculty members in the government department. In 1983, he had been found guilty of \u201cserious misconduct\u201d and formally disciplined for sexually harassing Terry Karl, then an assistant professor, yet he subsequently served as director of the Weatherhead Center for International Affairs and as the University\u2019s first vice provost for international affairs. Government graduate students circulated an open letter charging that \u201cDue to years of apparent negligence, the University and government department have burdened female students with impossible choices and unacceptably onerous responsibilities.\u201d In a message to the University community on March 2, Provost Alan Garber wrote, \u201cFaculty, staff, and students work side by side in settings that vary widely, from 24/7 labs to residential communities. Within this complexity, working conditions and the frequent power asymmetries in working relationships can make it hard for people to know when and how to speak up. And worries that speaking up might have negative repercussions within one\u2019s community or field, in the years to come, can also prevent individuals from making a formal complaint, or speaking at all.\u201d He encouraged prospective complainants to bring issues forward for formal investigation within University processes; many of the women cited in the Chronicle stories had not previously done so. President Drew Faust, speaking at the March 6 meeting, said want to start by acknowledging the real sense of hurt, disappointment and upset that has been expressed about the situation and about Harvard\u2019s response\u2014 articulated by students, faculty, other members of the extended community, and in an editorial in today\u2019s Crimson.\u2026[L]et me repeat what Provost Garber, Dean Smith, and have emphasized: sexual harassment has no place at 2/22/25, 8:13 Professor Jorge Dom\u00ednguez faces \u201cfull and fair review\u201d \| Harvard Magazine 2/3 Harvard and the community can rightly expect that Harvard will do all that it can to address this serious and enduring problem.\u201d She continued, \u201cWe need to acknowledge the profound influence members of the faculty have over junior faculty and students. Real consequences flow from that reality\u2014the difficult place students and junior faculty find themselves in when a mentor crosses boundaries and the reluctance they understandably experience to come forward when concerns arise. All of us in this room share a responsibility to act in ways that acknowledge this imbalance of power full report appears at harvardmag.com/dominguez-18. Click here for the May-June 2018 issue table of contents Read more articles by Marina N. Bolotnikova 2/22/25, 8:13 Professor Jorge Dom\u00ednguez faces \u201cfull and fair review\u201d \| Harvard Magazine 3/3"}
8,609	Tom Gleadow	Salve Regina University	[ "8609_101.pdf", "8609_102.pdf", "8609_103.pdf", "8609_104.pdf", "8609_105.pdf" ]	{"8609_101.pdf": "\uf002 Salve Regina theatre professor fired after accusations of sexual harassment September 4, 2020 8:12 pm by Scott Cook ( former theatre professor at Salve Regina University is no longer employed by the school after several ac- cusations of sexual misconduct and harassment. The University has cut all ties with Tom Gleadow, who taught classes as recently as this spring, and is a prominent actor and director in Rhode Island\u2019s theatre community. In recent weeks, several of Gleadow\u2019s former students have come public with their stories of misconduct put it away thought was the only one,\u201d said Kat Witschen, a former student of Gleadow\u2019s at Salve Regina, who is now accusing him of harassment. Like many other accusers, Witschen says she was offered money for an outside acting project Gleadow and a friend were working on. \u201cHe asked me to play an agent and he was the bad guy during the photo shoot,\u201d Witschen told 6. \u201cHe bound and gagged me at his apartment.\u201d Witschen says she was uncomfortable with Gleadow\u2019s conduct, but figured it was just acting since he was such a prominent figure in the industry. Gleadow then propositioned Witschen another two times for photo and video shoots. \u201cThis time the binding and gagging turned into a hog tie,\u201d she described. \u201cAnd this time he pretended to knock me out and use chloroform.\u201d Another accuser, who wishes to remain anonymous tells ABC6 a similar story. \u201cWe discussed what the project would be \u2014 it was some light stage combat and we filmed a little upstairs,\u201d the woman recounted. \u201cBut then for the rest of the project, he took me to his basement where he used restraints on me.\u201d Both women tell ABC6 they were paid for their shoots, which is partially why they remained quiet until now. In recent weeks, several other Salve Regina theatre students and graduates have been posting their stories of misconduct by Gleadow on social media. \u201cThat\u2019s when realized it wasn\u2019t just me, and decided to tell my story,\u201d said Witschen. \u201cHe\u2019s clearly a predator,\u201d she said. \u201cDozens and dozens of women have said to me the same thing happened to them, or that he propositioned them.\u201d On Thursday, Witschen filed a police report with Newport Police, who are now investigating other accusations against Gleadow. ABC6 reached out to Gleadow for comment on this story, and has not heard back. \u00a9WLNE-TV/ABC6 2020 Categories: News ( Rhode Island ( Tags: Newport ( Salve Regina ( Around the Web Stop Information Overload Ethereal Search Engine ( xhbP9zxtV6ISx04rhO6pGcGaVdfZQ bB5dS574hdQWE47rS_6koiJ2v0W62 6ysb4BvIq80fS2hUvIFxRfYZY1kITe6 fHVu4Fq8w9- wmrcjAH8uNzJry5fDwYdbL1_5n26lN s_pr-Qpv7NuqNgDHtFelSvzYL9p- 2z_5aiA_k9VIl4e0N- uKbjHLfnrR8bj_6992RLgf4jkjHeVm p=GgFDMKO3570GOiQwNjQ1MzQwY Nine Kinds of Ancestors You Could Find on Your Family Tree ( DHXylgn94c6DqxcRXwEm9knezgU1 p=GgFDMKO3570GOiQwNjQ1MzQwY Why Google Workspace for Business is Worth the Upgrade ( X3QkiTj1w8ukB_nR7nFPWFXFRrDW b3y9tAUrqWvqlV6VudaYtwr- uuXu5sKjsa3wRdY6_fROSwQp3mig UPWr9wp6iQd8cIUX47es- ow6lPqOgmdFe1nOXE0WrtCZxU- x8nO7iG9JlEfXzPXKYhUSILObWRVT6 8wHDx29j3iFZjkkezDYYsRB3hyp7bd p=GgFDMKO3570GOiQwNjQ1MzQwY Take on a Challenge: Make Pasta Al Limone at Home ( M34UDFQ78FQvZQR2sWDfbyZ_nBN p=GgFDMKO3570GOiQwNjQ1MzQwY ( airport-flight-crew-member-with- active-warrant-taken-into- custody-ahead-of-paris-flight/) Logan Airport: Flight crew member with active warrant taken into custody ahead of Paris flight ( flight-crew-member-with-active-warrant- taken-into-custody-ahead-of-paris-flight/) ( man-sentenced-in-2023-gang- related-shooting/) Providence man sentenced in 2023 gang- related shooting ( sentenced-in-2023-gang-related- shooting/) ( warmup-on-the-way/) Winter Warmup on the Way! ( on-the-way/) ( state-police-called-to-fatal-new- bedford-bridge-crash/) Massachusetts State Police called to fatal New Bedford bridge crash ( state-police-called-to-fatal-new-bedford- bridge-crash/) ( ( \u00a9 Copyright 2025 Providence Operations Standard Media Company - All Rights Reserved Should You Buy an Electric Car? ( E_CIPdyCPpR2KVe73oBe_Kp6ClUiFv jQN483dOCu_zButs8USLQ1hRY_171 5lA7yVeFsujPm2qPB5O6q1Sf24NNW l8snIAamk? p=GgFDMKO3570GOiQwNjQ1MzQwY Is My Space a Good Fit for Airbnb? ( cKNoEjpKCAEiYZDTuvk8E3Z6Iv2In7n dOSDYZ1rDoxqjxmtBdSKzUNnzAeP hjDviTnQJn9FM5mSK0wnUn7lsw5Q G- XNRq6gdkOo2cwpGVvwmDqejxevH p=GgFDMKO3570GOiQwNjQ1MzQwY Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, and Fro ( A9DeOjdU3YCJ- 6AV5wNU7IqzWwJlIGOPnAHJ8nOxrh PA8SE1g4NpwofoGr_Lrcg1uM8BhL1 pkyY4YrihhqBu5HAh4Ba3bWJI65xq Q? p=GgFDMKO3570GOiQwNjQ1MzQwY Ring Devices Help Make Peace of Mind More Accessible to All ( C7ksPV7xoa9- YbPCQPH1JwXUkHnjuVlq4R- uPNsWoLZTorjT7QNPBEP3kSs- F2HUs2zqWG-I- TgM15oiWIiyTa_1mEshHnl3r9gSr_Po V2X0UjiCSj5V32ngTMboDv9nAotAN fGsBRk0yz4PvpPMKCTIZ_iwMI82HK p=GgFDMKO3570GOiQwNjQ1MzQwY Four Ways Food Banks Are Feeding Kids Right Now ( DfkzS5myHDS0jPtMO4dERCA90f1Ji w3P70Nty9TjAvkQ6LIF5zufKi_vHof- gPQxOZtCpIIX8qDZ9Gmi- eOluGgUQPzPblQbLQSzFEfZVhbLQw p=GgFDMKO3570GOiQwNjQ1MzQwY News ( Local News ( news/) Regional News ( news & World News ( world-news/) Entertainment News ( Special Reports ( reports/) Submit Your News ( your-news/) ABC6 Back to School ( The Opioid Crisis ( reports/opioid-crisis/) Our Schools ( reports/our-schools Providence ( New Bedford ( bedford/) Fall River ( river/) Woonsocket ( Warwick ( Pawtucket ( Cranston ( Newport ( Attleboro ( Rhode Island ( news/rhode-island/) Massachusetts ( news/massachusetts Weather ( 7-Day Forecast ( day-forecast/) Weather Radar ( Live Weather Cams ( cams) Closings & Delays ( and-delays/) Flight Tracker ( tracker/) Power Outages ( outages/) Ski Reports ( reports Traffic ( map/) Traffic Map ( map Sports ( ABC6 Sports Team ( sports-team/) Play of the Week ( of-the-week We Love New England ( love-new-england/) ABC6 Contests ( Southern New England Gas Tracker ( tracker/) Pick of the Litter ( of-the-litter Watch ( Live News ( stream Schedule ( schedule/) Video ( Live Weather Cams ( cams About ( ABC6 News Team ( news-team/) Advertise With Us ( with-us/) Careers ( Closed Captioning ( captioning Agent ( agent Public File ( profile Applications ( applications/) Children\u2019s Report ( profile/wlne- tv/programs-list Report ( report/) Standard Media Group ( Privacy Policy ( policy/) Terms of Use ( of-use/) (", "8609_102.pdf": "Today's Weather The Ghiorse Factor NOW: Free Daily EBlast Search... 307 Shares Tom Gleadow More Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating Thursday, September 10, 2020 GoLocalProv News Team After GoLocalProv.com was first to report that actress Kat Witschen said now-former Salve Regina University Professor Tom Gleadow sexually harassed her, a number of women have confirmed with GoLocal similar experiences with the actor and former college instructor. GoLocal has confirmed that the Rhode Island State Police are now assisting the investigation being conducted by Newport Police. Now, the allegations of impropriety by Gleadow date back to the 1980s \u2014 and the stories echo Witschen\u2019s account of Gleadow asking her to take part in a \u201cstoryboard\u201d shoot that involved bondage, gagging, and explicit language According to the women, Gleadow reached out to them and asked them to take part in \"role-playing' scenes they say were photographed -- or videotaped. Witschen said she never consented to the material being used for sexual purposes State Police Assisting Newport Police In Investigation Tweet Share + Top Doctor Philip Chan Talks How Flu, 2/22/25, 8:14 GoLocalProv \| More Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating 1/3 An Access to Public Records Act request submitted by GoLocalProv on Saturday to the Rhode Island State Police by GoLocal unveiled that is assisting the Newport Police into complaints of sexual abuse. The State Police\u2019s Chief Legal Counsel Adam Sholes wrote, \u201cIn response to your request, the has been requested by the Newport Police Department to assist with a limited portion of an investigation. You may wish to seek a response from the Newport Police Department as to the overall investigation. As it relates to the portion of the investigation, it is still ongoing and not yet completed. As such, please be advised that any responsive record maintained by the is exempt under the APRA.\u201d From Pawtucket -- To Filming at \u201cIn 1987 did Music Man at Pawtucket Community Players,\u201d Jennifer Plante Gillis, a graduate of Shea High School in Pawtucket, told GoLocal was 16 or 17. I\u2019m 49 now,\u201d Gillis said looked up to Gleadow. He was the lead playing Harold Hill. It was probably the second or third show I\u2019d done with [the Players thought he was amazing. The show ended, and did a few more shows, and started auditioning elsewhere remember [Gleadow] calling me after and saying he had a \u2018project\u2019 going on thought, wow, what an opportunity,\u201d said Gillis asked my mom if go could go, and she said yes.\u201d Gillis said she thinks she was around 18 or 19 at the time. \u201cSo met him at Rhode Island College, in a parking lot. He took me into one of the buildings remember him having to unlock the door. It was dark and thought god, there\u2019s no one in the building,\u201d said Gillis. \u201cHe asked me to bring a leotard \u2014 he showed me to a small closet where could change believe he had a camera can\u2019t remember if it was a camera or video.\u201d \u201cHe had me stand near a chair. Then he sat me in the chair, and he tied my hands behind the chair, blindfolded me and put a gag in my mouth. He said it was for an \u2018extra\u2019 character being held hostage assumed it was something he was doing at RIC,\u201d said Gillis feel embarrassed didn\u2019t question it more.\u201d \u201cThen he said, now I\u2019m going to lean you on your side, and he tipped the chair over was in, in that same exact position,\u201d said Gillis. \u201cThat\u2019s all remember. He said thank you changed again asked when is this going to be done, he said, I\u2019ll let you know thought it was weird.\u201d \u201cYears later was out to dinner with my husband and a woman who was friends with [Gleadow] at RIC,\u201d said Gillis told them the story, and the faces on them were like, what? They were shocked, and was embarrassed at that moment. They were horrified. My friend said sorry, that was no \u2018project.\u2019\u201d Gillis said she managed to avoid Gleadow for \u201cyears\u201d following \u2014 and it was her husband who saw Witschen\u2019s post. \u201cMy husband saw Kat\u2019s post and he called me immediately,\u201d said Gillis could not believe it was shocked to think all these years went by and maybe if had questioned [Gleadow\u2019s behavior could have stopped some of this.\u201d \u201cI'm hearing that he admitted to all this,\u201d said Gillis want some sort of apology from him, and for him to get help for it. And obviously never work in the field of teaching again truly commend all the brave and strong young women that came forward and brought this to light,\u201d said Gillis. \u201cThey have allowed me to get answers have always thought about and truly appreciate them.\u201d Former Classmate Recounts Encounter Katie Hand, a former student at with Gleadow, told GoLocal she was propositioned by Gleadow \u2014 and that she sent her recollection of the encounter to the Newport Police following Witschen's post. \u201cWe were only ever acquaintances/classmates. That's why was confused when got a Facebook message from [Gleadow] in 2013, after a picture had been posted of me and my friend dressed up for a theme party, about a short film role he wanted me to be in at his home in Providence,\u201d said Hand. 2/22/25, 8:14 GoLocalProv \| More Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating 2/3 307 Shares was never an actor studied costume design. During our exchange over Facebook messenger, he described the dynamic 'you would be the superhero and the henchman' and that 'would need a costume'...[he said see the pic on Facebook of your costumes for (King Richard's Faire). Which love.'\" \u201cThose costumes aren't even close to superhero-ish, and didn't have much time to spare to make a new costume, despite him imploring that need not buy or make a costume,\u201d said Hand. \u201cSilly me didn't understand how little he valued my actual abilities.\u201d \u201cSo, because of that was hesitant and eventually just brushed the request off. Which in retrospect was very lucky as it turns out he was using this as a means of abuse,\" said Hand. \"'I'm free most nights after 7:00. We would film it at my place in Providence,' he said,\" recounted Hand. \"The whole thing was very bizarre to me and the idea of going to his home, especially at night, made me uncomfortable.\" Related Articles Accusations of Serial Sexual Harassment: Who Is Tom Gleadow, Actor, Director & Prof. at Two Colleges \u201cDozens\u201d of Women Say Former Salve Regina Professor Sexually Harassed Them Top Actor and Director Accused of Sexual Harassment Enjoy this post? Share it with others. Tweet Share 2/22/25, 8:14 GoLocalProv \| More Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating 3/3", "8609_103.pdf": "At a Drowsy Chaperone rehearsal Brianna Brown, Liam Fryer, Kate Marsden, and Nathan Nelson practice a song and dance number. (Photo by Christina Canilla) Matthew Desorcy performs in \u201cDrowsy Chaperone\u201d (Photo by Christina Canilla) Salve Regina Using Theater to Heal By James Merolla on March 24, 2022 By James Merolla Theater has been described as many things \u2013 art, entertainment, an escape, a balm, good medi\u00adcine. Those last two euphemisms may be applied directly to Salve Regina University, which is using theater to heal. Salve\u2019s student performers have been rocked as few others. Even before the pandemic claimed live performances, the\u00adater program coordinator, Tom Gleadow, was dismissed amid shocking sexual misconduct alle\u00adgations. So, the university is now using theater to heal through the leadership of Tara Brooke Watkins. An award-winning director, playwright and teacher, Watkins brings untold stories to the stage in an effort to work toward social change in commu\u00ad- nities. With degrees from Tufts Uni\u00adversity and Emerson College, Watkins says that much of her research focuses on the effect of theater in communities experi\u00adencing cultural trauma. In 2019- 20, she worked with students at Eastern Nazarene College and those at Father Bill\u2019s Place, a homeless shelter in Quincy, Mas\u00adsachusetts, to use applied the\u00adater, story circles and drama therapy techniques to respond to their needs. Next week at Salve Regina, Watkins will direct the musical theater production, \u201cThe Drowsy Chaperone.\u201d It runs March 31- April 2 at the Casino Theatre and is open to the public. The musical hit the scene in 2006 and quickly became a favorite because of its homage to the classic Broadway musical as a genre of pure escapism on sad days. \u201cAfter over two years of living in a pandemic am excited to present a musical literally about how theater can help us laugh our way through to the other side of isolation and loneliness,\u201d Watkins said. \u201cI\u2019m very excited for the community to see them per\u00adform . . . because think they\u2019ll do Salve and the theatre depart\u00ad- ment proud. They really shine in this show. We ran pieces of it last Sunday, and the cast watched from the house and we were al\u00adready dying of laughter.\u201d \u201cThe Drowsy Chaperone\u201d has been billed as \u201ca musical within a comedy.\u201d \u201cI\u2019m riffing on that by calling it a musical within a living room,\u201d she said man who feels isolated and blue living in his small apartment puts on a record of one of his fa\u00advorite, classic 1920s musicals to lift his spirits. At the heart, that\u2019s what the show is about. \u201cWhat better show to do after two years of a pandemic? What better show to do after two years of theater students being unable to perform in a theatre without masks in front of a live audience?\u201d Watkins has been anything but drowsy. From 2016 to 2018, she worked with the Black community of North Tulsa, Oklahoma to create a play showing how the history of the Tulsa Race Massacre still lives in Tulsans\u2019 lives today. She is a member of the Boston area\u2019s Bethel Church, where she co-facilitates the Shatter the Silence initiative, which uses drama therapy to address sexual victim\u00adization will be directing two shows a year and supporting our seniors to create their own work at the end of every academic year,\u201d she told Newport This Week. This year, she\u2019ll oversee an orig\u00adinal work using absurdism as a genre in a production of Sam Shepherd\u2019s \u201cFool for Love,\u201d and an original theater event bringing attention to ecological stories on campus. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/22/25, 8:14 Salve Regina Using Theater to Heal - Newport This Week 1/2 was extremely honored and humbled to be brought in to Salve Regina,\u201d she said believe theater has the power to communicate, heal and offer respite. So, with my background in theater for social justice and theater as healing, as well as my extensive background in directing and teaching think, made me a good candidate for this position.\u201d In the midst of a pandemic, the\u00adater artists have found creative ways of practicing their craft, but it has been difficult to invite audi\u00adences to experience theater the way only a truly live, visceral per\u00adformance can create, she said. \u201cHence, when came to Salve this fall knew the first goal was to create a new, fresh atmosphere in the theater department that helped students see it as an em\u00adpowering craft for self-expression and audience connection,\u201d she said. In the fall, she directed and pro\u00adduced Edgar Lee Masters\u2019 \u201cSpoon River Anthology\u201d and staged it in an outdoor, immersive setting within the campus\u2019s arboretum. This allowed audience members to attend unmasked, and sit among the beautiful trees that make up the arboretum under a full moon and falling leaves. \u201cStudents commented that it was one of the best things they\u2019d ever done,\u201d she said. \u201cAudiences commented that they\u2019d never seen theater so innovative hope to continuously provide opportuni\u00adties to students to do work that challenges them and helps them stretch into their full artistic selves also hope to produce theater that lets audiences see the world differ\u00adently. \u2018Spoon River Anthology\u2019 was an introduction to this synergy.\u201d Related Stories by Newport This Week Go To The Front Page Section Calendar of Events Click here for daily/on-going events. One- Time Events Thursday, Feb. 20 10:30am- 3pm: Paint Party, choose from a variety of wooden... So Much Right Within \u2018Play That Goes Wrong\u2019 During a time when the world has gone mad, everything has gone wrong, and, internationally, people weep, \u201cThe Play That Calendar of Events Click here for daily/on-going events. One- Time Events Friday, Feb. 14 11:30am: Newport Art Museum Tours, a tour for all... Load More This site uses Akismet to reduce spam. Learn how your comment data is processed. We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it. Ok 2/22/25, 8:14 Salve Regina Using Theater to Heal - Newport This Week 2/2", "8609_104.pdf": "Salve Regina removes actor, director accused of misconduct by 10 Thu, September 3rd 2020 at 11:14 Updated Fri, September 4th 2020 at 7:46 00:00 02:47 11pm: Salve acting teacher misconduct 11pm: Salve acting teacher misconduct 3 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 1/6 Salve Regina University announced Thursday that former professor and director Tom Gleadow was no longer employed with the university amidst \"deeply concerning\" allegations of misconduct. (WJAR) NEWPORT, R.I. (WJAR) \u2014 Salve Regina University announced Thursday that former professor and director Tom Gleadow was no longer employed with the university amidst \"deeply concerning\" allegations of misconduct. \"We commend the young women who came forward to report their experiences to the appropriate university staff, which resulted in swift action and outreach to local police,\" a spokesperson said in a statement to 10 News. \"As the university continues to cooperate with the Newport police investigation, we encourage any Salve students or graduates who have experienced misconduct to reach out to the university or law enforcement.\" Katherine Witschen attended Salve Regina University and was one of Gleadow's students. She's one of several former students now accusing him of inappropriate conduct. Witschen said it started when he offered her money to work on an acting project at his Providence home while she was in school. \"He propositioned me to do first a photo shoot and then it escalated to videos,\" she told 10 News on Thursday 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 2/6 Witschen said Gleadow asked her to dress up and act out different scenarios, but said she started feeling uncomfortable when things went too far. \"The next time he hog-tied me, which was a little bit more aggressive,\" she said. \"And gagged me, pretended to knock me out, pretended to use chloroform and started to say some really gross things I'd rather not say here felt very uncomfortable and very exposed.\" Witschen said at first she thought it was just acting. \"Tom is such a monolith in the Rhode Island theater community,\" she said. \"He's been such a mentor to me. He even wrote me recommendation letters and was afraid that coming out would end my career.\" Witschen said she decided to speak up and share her story after learning of similar allegations involving current and former students. On Thursday, she filed a report with Newport police thought was the only one, so had just let it go and let it stay in the past,\" she said 10 News tried to reach Gleadow at his Providence home and by phone Thursday but was unsuccessful. At this time, charges against Gleadow have not been filed. Newport police did not return requests for comment 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 3/6 10 News delivered to you Have the latest news about the coronavirus and the day's most interesting stories delivered directly to your inbox. Subscribe to our daily newsletter. Email Required Rhode Island theater professional who wished to remain anonymous told 10 News that she had a similar experience with Gleadow in 2016 thought was consenting to do one thing and it turned out to be something despicable,\" she said. The woman told 10 News that Gleadow was her theater professor at Rhode Island College, but she claimed the inappropriate behavior happened after she graduated, when the two worked together at the now defunct Ocean State Theater Company. She said he asked her to work on an acting project at his home, but later restrained her. She said she didn't want to speak up at the time, fearful it would jeopardize her career. \"As a young theater professional, your name and your actions follow you and didn't want to make a fuss,\" she said want to make it clear that I'm not sharing my story to get attention or money. I'm only sharing this to seek awareness.\" In a statement, Rhode Island College told 10 News: \"Rhode Island College applauds all individuals who come forward and disclose their deeply personal and painful experiences. We take seriously all allegations of sexual misconduct. Rhode Island College is not currently aware of any allegations against Tom Gleadow, but can confirm that he was formerly employed as an adjunct faculty member at RIC, last employed in 2017. Though not a graduate of our institution, he took classes intermittently between 1980 and 2007 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 4/6 trusted him completely,\" Witschen said. \"He was a friend and a mentor and trusted him. And think that's what makes it all the more heartbreaking never wanted to be on the news for this never wanted to get attention for this in my life. But would rather him not be able to do this anymore to any other person Rhode Island man among six arrested in nationwide child exploitation bust Man who killed 3 girls at Taylor Swift-themed event sentenced to 50 years in prison 2 people found dead in JetBlue flight's landing gear after landing in Florida by Taboola Techno Mag War Thunder Join new Free to Play War Thunder Play Now Access all channels anywhere, anytime Crossout Crossout 2.0: Supercharged Play Now 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 5/6 Loading ... AdChoices Sponsored 10 10 10 2/22/25, 8:14 Salve Regina removes actor, director accused of misconduct 6/6", "8609_105.pdf": "Today's Weather The Ghiorse Factor NOW: Free Daily EBlast Search... 662 Shares Tom Gleadow. PHOTO: Wilbury Theatre Actor and Director Removed From Actors\u2019 Equity Association After Sexual Harassment Accusations Saturday, March 20, 2021 GoLocalProv News Team prominent Rhode Island actor and director and former and Salve Regina University professor has been stripped of his membership in the Actors Equity Association after allegations of sexual harassment. As GoLocal first reported, Tom Gleadow was accused in September 2020 by a former student of sexual misconduct \u2014 before dozens of more women came forward with their stories \u2014 and Gleadow was removed from the Salve theater department. As Kat Witschen, the first woman to come forward about Gleadow described, \"He asked to bind and gag me because was playing an agent who was captured by the enemy. And even then was very uncomfortable but swallowed it and continued so could show was easy to work with. My character removed herself from the restraints, escaped, and finally the photoshoot was over. My professor paid me and left his house feeling gross but happy that he seemed happy with the final product Read Witschen\u2019s Full Account Tweet Share + Newport Mayor Says He Was \u201cOK\u201d With 2/22/25, 8:14 GoLocalProv Actor and Director Removed From Actors\u2019 Equity Association After Sexual Harassment Accusations 1/3 Witschen led the effort to have Gleadow\u2019s membership rescinded. \u201cFinally after months of this, today testified against my former professor and sexual harasser,\u201d said Witschen on Friday. \u201cAs of today Tom Gleadow is no longer a member of Actors' Equity Association hope this will allow me to close this chapter and never print his name next to mine ever again. I'm so relieved with this outcome. It was a brutal process but it was vital to me and the other survivors to strip him of the power to cause this much harm.\u201d She thanked other survivors for speaking out during what she called \u201cincredibly difficult months\u201d \u2014 and the Actors\u2019 Equity Association for believing her and seeing her through. Witschen told GoLocal she first started the process by sending the reaching out to the Association last fall do feel there is some justice being served. Because there were no criminal charges needed to do something to make sure he wasn't allowed to hurt any more people,\u201d said Witschen. Following an investigation into Gleadow, the Newport Police Department announced there were no criminal charges in September 2020 hope this will at least make sure he isn't in a position of power again,\u201d she added. \u201cWhat would like to see is more statements from theatre companies he's worked with showing their support and believing the survivors.\u201d Another Woman\u2019s Story As GoLocal reported in September 2020, \u201cMore Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating:\u201d \u201cIn 1987 did Music Man at Pawtucket Community Players,\u201d Jennifer Plante Gillis, a graduate of Shea High School in Pawtucket, told GoLocal was 16 or 17. I\u2019m 49 now,\u201d Gillis said looked up to Gleadow. He was the lead playing Harold Hill. It was probably the second or third show I\u2019d done with [the Players thought he was amazing. The show ended, and did a few more shows, and started auditioning elsewhere remember [Gleadow] calling me after and saying he had a \u2018project\u2019 going on thought, wow, what an opportunity,\u201d said Gillis asked my mom if go could go, and she said yes.\u201d Gillis said she thinks she was around 18 or 19 at the time. \u201cSo met him at Rhode Island College, in a parking lot. He took me into one of the buildings remember him having to unlock the door. It was dark and thought god, there\u2019s no one in the building,\u201d said Gillis. \u201cHe asked me to bring a leotard \u2014 he showed me to a small closet where could change believe he had a camera can\u2019t remember if it was a camera or video.\u201d \u201cHe had me stand near a chair. Then he sat me in the chair, and he tied my hands behind the chair, blindfolded me, and put a gag in my mouth. He said it was for an \u2018extra\u2019 character being held hostage assumed it was something he was doing at RIC,\u201d said Gillis feel embarrassed didn\u2019t question it more.\u201d \u201cThen he said, now I\u2019m going to lean you on your side, and he tipped the chair over was in, in that same exact position,\u201d said Gillis. \u201cThat\u2019s all remember. He said thank you changed again asked when is this going to be done, he said, I\u2019ll let you know thought it was weird.\u201d \u201cYears later was out to dinner with my husband and a woman who was friends with [Gleadow] at RIC,\u201d said Gillis told them the story, and the faces on them were like, what? They were shocked, and was embarrassed at that moment. They were horrified. My friend said sorry, that was no \u2018project.\u2019\u201d Gillis said she managed to avoid Gleadow for \u201cyears\u201d following \u2014 and it was her husband who saw Witschen\u2019s post. 2/22/25, 8:14 GoLocalProv Actor and Director Removed From Actors\u2019 Equity Association After Sexual Harassment Accusations 2/3 662 Shares \u201cMy husband saw Kat\u2019s post and he called me immediately,\u201d said Gillis could not believe it was shocked to think all these years went by and maybe if had questioned [Gleadow\u2019s behavior could have stopped some of this.\u201d Related Articles Accusations of Serial Sexual Harassment: Who Is Tom Gleadow, Actor, Director & Prof. at Two Colleges More Women Allege Harassment by Actor & Former College Prof Gleadow - State Police Investigating Top Actor and Director Accused of Sexual Harassment Enjoy this post? Share it with others. Tweet Share 2/22/25, 8:14 GoLocalProv Actor and Director Removed From Actors\u2019 Equity Association After Sexual Harassment Accusations 3/3"}
7,280	Philip Brown	Colby College	[ "7280_101.pdf", "7280_102.pdf" ]	{"7280_101.pdf": "(MAILTO:[email protected]) (HTTPS://WWW.LINKEDIN.COM/COMPANY/MELIBEE-GLOBAL-EDUCATION-CONSULTING) (HTTPS://FACEBOOK.COM/MELIBEEGLOBAL) (HTTPS://TWITTER.COM/MELIBEEGLOBALEL) (HTTPS://PLUS.GOOGLE.COM/104426512821042268363/) (HTTPS://WWW.PINTEREST.COM/MELIBEEGLOBAL/) (HTTPS://MELIBEEGLOBAL.COM/FEED) 10 Comments 11, 2011 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior Tenured Professor of Economics at Colby College (USA), Philip H. Brown, resigned in late January 2011 after evidence surfaced that he had taken semi-nude photos of at least one female study abroad student. He allegedly took the photos via a hidden bathroom camera while on a \u201cJan Plan\u201d winter session course in China. The study abroad students had been blogging from a shared lap top during the trip and accidentally discovered the photos after losing a blog posting and searching for it in the computer\u2019s \u201cgarbage bin.\u201d Brown hid the camera in a black medical kit that he insisted stay in the women\u2019s bathroom so that all students would know where to find it if needed. The students found the camera hidden in the black kit after discovering the photos on the shared lap top. The students notified the university and Brown was placed on academic leave, by phone the group was still in China. Media reports indicate that Brown admitted to a similar act of violating students\u2019 privacy while abroad the previous year. He is now under investigation in Maine, but has not been charged at this time. Evidence is apparently still being sought from China. Colby\u2019s President, William Adams, wrote a letter to the campus community addressing the issue the day after the trip ended. One must credit him for squashing rumors and addressing the situation head on. Sadly, this is not always the case. This again raises the several issues for faculty study abroad programs: 1) Selection of faculty: Most universities do not have a formal policy in place about to choose faculty for such trips. Additionally, most faculty who do go abroad are not trained specifically in expectations for leading a group. Obviously, we shouldn\u2019t have to state that you should not film your students in the bathroom, but it raises the age old question of how many faculty and staff should be sent abroad with a group in case of an emergency. Funding, or lack thereof, is what usually drives this decision. 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 1/12 2) Emergency planning: Who is in charge when something like this happens abroad? How do you handle an employee who is being accused of such a heinous act from thousands of miles away? This all goes back to emergency planning \u2013 as the source of the emergency, albeit rare, can be your own employee and how you handle the situation can and will impact the well being of your students for years to come. In addition, how you handle the situation will impact the legal case that will follow an experience like this. 3) Pre-departure training have yet to see a training that includes a discussion of what to do if something doesn\u2019t seem \u201cright\u201d with your professor. Many schools do talk about what to do if the professor is injured, gets sick or even dies \u2013 but what do we tell students about how to handle a faculty member who drinks \u201ctoo much,\u201d is late for activities or worse yet \u2013 is caught leering at students? Are we bold enough to have this conversation? Do we need to talk with our legal department about how to handle this sensitive matter? This is especially difficult when the professor may be incredibly popular at home \u2013 as apparently was the case with Brown. 4) \u201cLocal\u201d laws: How do local laws impact your ability to investigate and perhaps prosecute in a case like this? Media reports state that evidence is still being gathered in China and that evidence has been collected in Maine (USA). However, what if the students had gone to the local authorities in China? (Perhaps they did?) Could Brown have been arrested by Chinese authorities? How carefully do we need to train both the faculty the students about the local laws, especially in unique circumstances like this? 5) Human Resource Training: How many of our campus trainings about faculty and staff expectations, sexual harassment, etc actually cite study abroad programs? Do we need to loop back with our teams to ensure that our language is clear so that no faculty or staff member ever thinks that he/she can get away with something inappropriate simply due to distance? Note am waiting for Colby College to return my call will write about this case once have more information from them. Meanwhile, I\u2019d be curious what your thoughts are about this situation. Obviously, this type of behavior is more of an indication of the individual than the institution. This post is not meant to blame Colby or any college who has dealt with this issue. I\u2019m interested in knowing how much these types of issues concern you in your work? As a faculty member, how do you feel about these questions being posed? Please comment on the blog posting so that a conversation can take place across the globe and not just on one listserv. (You do not need to register to comment.) by Missy Gluckmann Missy Gluckmann is a speaker agent, founded a globally recognized brand in study abroad, and exercises her passport muscle frequently. She loves connecting inspiring people with audiences. She is a mom to a spirited son and loves all that he re- teaches her about everything she thought she knew in life. faculty led study abroadProfessional Developmentsafety abroadTips for StudentsTravel TipsUncategorized Colby China program issueColby CollegeColby study abroad issueemergency planningfaculty abroadlegal issues in study abroadPhilip BrownPhilip H. Brownpre-departure trainingPresident William Adams 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 2/12 10 comments Pingback: Tweets that mention Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior -- Topsy.com February 13, 2011 at 2:42 pm Anon says: This is really unprofessional journalism. February 13, 2011 at 4:14 pm Melibee Global says: Anonymous: While appreciate you taking the time to read the piece and write in have to strongly disagree with you. The behavior of the professor was unprofessional. Reporting it is my obligation as it has to do with study abroad. This story has been reported from local news sources in Maine (where Colby College is) to the Huffington Post (NY) to Australia and the UK. None of the other papers raised any question about what to do about issues like this in our field. I\u2019m puzzled why you think it is unprofessional of me to report on this story? You are offering no explanation for your statement. Is it because Melibee addresses issues in our field that aren\u2019t comfortable for you to talk about? What is your bias here have received other emails, directly, that offer true dialogue about the reality that this happen in our programs and probably without us knowing it really would like to understand your position. This blog is supposed to be about dialogue. Others, would you like to chime in? February 13, 2011 at 4:55 pm Tom says take issue with Anon\u2019s statement have read Melibee Global for quite some time and have been very impressed with the material presented to the public. The writer has made it very clear that this blog centers on material related to international education. In this case, the totally unprofessional and inappropriate behavior by a professor leading a group to China is a topic that we in our field must address and come to terms with. Anon, you say that this is unprofessional journalism, yet you never identify the source that leads you to your deduction. In a way, this is a cheap shot as you do not allow the author to defend herself. The paranoid side of me almost makes me think that you are in fact, Mr. Brown, but we won\u2019t go there. Loading... Loading... 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 3/12 This blog is about dialog and the author encourages it. You are free to disagree certainly, but be respectful. Ah, another thing\u2026.signing your post with your real name would be a good start. Tom February 13, 2011 at 6:34 pm Melibee Global says: Thank you for taking the time to write Tom appreciate your feedback and support. This blog is a labor of love don\u2019t know that people who don\u2019t write realize how time consuming it is to research issues, write, edit and facilitate the posts do it bc believe it is important to discuss issues in our field and while I\u201dm happy to have people disagree with me, I\u2019d simply like a dialogue about the issues, not stone throwing. Thanks again for taking the time for signing your name! February 17, 2011 at 3:17 am Liz says think that the Melibee article raises some very important questions, the answers to which all of our students abroad can only benefit with the implementation of better training, safety, security and screening procedures. In the end think that\u2019s what matters most. As a study abroad professional with more than 17 years of experience in the field did not take the Melibee article as an indictment against Colby College. It is widely known that Colby College is one of the most highly respected institutions of higher education in the USA, especially when it comes to international education recently read that 70% of Colby students spend at least one semester abroad. And though there may be a handful of schools in the who send more abroad percentage-wise am willing to bet that the vast majority of those schools\u2019 students are studying abroad on short-term programs, not for a semester or longer. In addition, Colby is ranked by the Institute for International Education (IIE.org) as one of the top institutions in the when it comes to internationalization. When one considers the thousands upon thousands of students Colby has sent abroad, and the fact that this may very well be the first negative press they have received regarding any of their programs abroad, well think that is phenomenal. So don\u2019t think that this incident is going to bear any long term negative effects on the reputation of Colby College. This is a situation that could have happened on any institution\u2019s program abroad despite all of our best efforts at selecting the most highly qualified program directors and preparing them, as well as the students, for their experience abroad. If difficult situations are not brought to light and discussed openly, how can we identify the causes and avoid them in the future? To me, the most important lesson we can all learn from this sad situation is this: How can we keep this from happening again? Loading... Loading... 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 4/12 \u201cThose who cannot remember the past are condemned to repeat it.\u201d \u2013 George Santayana Liz McCartney February 17, 2011 at 3:51 am Melibee Global says: Thanks for sharing your thoughts Liz. At the end of the day, this is about safety for our students and providing the best experiences possible. Other reputable schools have had issues with staff/faculty getting caught in inappropriate situations agree that this will not impact their reputation in the long run. We know better than to blame a school on one bad apple\u2019s (alleged) actions did a video blog posting about other feedback about this topic \u2013 will be loading it shortly to the site (Feb 16, 2011 for those searching appreciate the quote that you shared also \u2013 thank you for that! February 17, 2011 at 5:30 am Melibee Global says received several emails about this post and responded with a video comment (vlog) sharing the feedback: February 23, 2011 at 7:26 pm Mollypcasto says: great summary. Thanks for the updates. What a horrible mess\u2026. February 23, 2011 at 9:32 pm Melibee Global says: Thank you so much. Loading... Loading... Loading... Loading... Loading... 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 5/12 Comments are closed Melibee Global, founded by Missy Gluckmann, has been a force in international education for over a decade. We have now returned to where we began \u2013 a blog where we write about our perspective of international education and study abroad. We are known for innovation and voice in this field \u2013 and that hasn\u2019t changed. If you\u2019re looking for our past services coaching, products, etc) please know that isn\u2019t what we\u2019re focusing on anymore. We encourage you to check out Melibee Global Speakers though. It is our innovative way to put courageous voices out there in this world. Learn more at 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 6/12 Career coaching is (only for September 2024) The Return to International Travel Interview with Amanda Knox (2022) Real Talk on Burn Out in (International) Education Reframing the International Education Interview 30 mosques 9/11 Africa Aman Ali Amanda Knox/Meredith Kercher Arnd Wachter Australia Bassam Tariq Bee the Change Better Abroad Boston Career 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 7/12 Carrie Wagner China Cordoba House Crossing Borders Film Culture Culture Career Hope Series Czech Republic documentary Ecuador Egypt Conference faculty led study abroad financial advice for study abroad Forum on Education Abroad Fulbright Germany global citizen Global Ed Consultants Global Ed Consulting 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 8/12 Globalization gratitude green planet series Ground Zero mosque Hindu How to meet people abroad series Human Rights Ibrahim Abdul-Matin immigration India Intercultural Books Intercultural Communication Internatinal higher Ed Consulting International Education Conferences International Education Tools International Education Week International Scholars Internships Interviews Islam Japan 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 9/12 Journalism abroad language study March 2010 Masjid Ash-Shaheed Melibee Book Club Melibee Swarm MelibeeU Mexico Middle East mosque Multicultural Lives muslim Muslims New Eyes Nigeria Palestine Park 51 Pre-departure Professional Development Ramadan 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 10/12 Ramadan series Re-entry Repatriation Research safety abroad Senegal social activism Speakers Study Abroad Study Abroad Research Sustainability in Study Abroad technology Tips for Students Tools for Educators travel insurance Travel Tips Uganda Uncategorized Video 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 11/12 Volunteer Abroad women in Islam Work Abroad \u00a9 2020 Melibee Global - All Rights Reserved Website by Digital Strategy Works (mailto:[email protected]) ( ( ( ( ( ( 2/22/25, 8:15 Colby Study Abroad Professor Resigns After Alleged Inappropriate Behavior - MelibeeGlobal.com 12/12", "7280_102.pdf": "On Monday announced that an internal investigation found that retired professor Walter Lewin had sexually harassed a female student who was taking an online course he was teaching. Worse still, the woman claimed she wasn\u2019t the only victim and offered the school information on other inappropriate interactions between Lewin and his students. The school said it would be \u201cindefinitely removing Lewin\u2019s online courses, in the interest of preventing any further inappropriate behavior Has Company Brief History of College Scandals By Doug Saffir December 9, 2014 3 minutes to read M.I.T. campus with students on grounds. 1 2/22/25, 8:15 Has Company Brief History of College Scandals 1/5 Unfortunately, it seems like there will always be people in authority at colleges sexually harassing or assaulting their subordinates. And if you need proof of that, well, there\u2019s plenty. ADVERTISEMENT: 2011: Colby Professor Resigns After Allegedly Hiding Cameras in Women\u2019s Bathroom Philip Brown, a tenured economics professor at Colby College, resigned in February 2011 after allegedly videotaping a female student while she was in the bathroom on a school trip to China. Two other students on the trip found images of a partially-clothed female student on Brown\u2019s computer. Brown had not been charged with a crime when he left the school, but the college\u2019s president announced that they were prepared to fire him over the allegations. Brown reportedly told school officials that the allegations were true. 2011: The Penn. State Sex Abuse Scandal ADVERTISEMENT: Jerry Sandusky was found guilty on 45 of 48 counts of sexual abuse after at least eight children came forward to accuse him of incidents of sexual misconduct dating back to 1994. Several other officials at Penn. State were implicated in the scandal for allegedly covering up Sandusky\u2019s actions. University President Graham Spanier resigned while Athletic Director Tim Curley and Head Football Coach Joe Paterno were fired. Spanier, 2/22/25, 8:15 Has Company Brief History of College Scandals 2/5 Curley, and Penn. State Vice President Gary Schultz all faced criminal charges for their role in the cover up. In October 2012, Sandusky was sentenced to at least 30 years in prison. 2010: Columbia University Professor Charged with Incest David Epstein, a 46-year-old political science professor at Columbia, was charged on December 9, 2010 with one count of felony incest in the third degree after allegedly engaging in a consensual sexual relationship with his daughter. He would later plead guilty to attempted incest, a misdemeanor charge. His wife, who also taught in the political science department, is still a professor at Columbia. 1985: Harvard Professor Resigns Amid Sexual Harassment Complaint On February 5, 1985, Harvard professor Douglas A. Hibbs Jr. quit after a female student accused him of sexually harassing her while she was a student in a seminar that was open to students of both schools. The details of the allegations were never released, but the complaint filed in December 1985 referred to an allegedly inappropriate interaction from May of 1983. Hibbs Jr. became the third tenured professor in the government department to be accused of sexual harassment in just six years, and the first professor in the school\u2019s history to leave amid a sexual misconduct scandal. The other two government professors accused around that time were reprimanded but could not be dismissed due to their tenure. ADVERTISEMENT: 1983: Yale University Professor Allegedly Harasses Senior English Major It took 20 years for Naomi Wolf to name the man who she claimed touched her inappropriately during her senior year at Yale. She was an English student who had been given the chance to meet one-on-one with Professor Harold Bloom, a man she described in her account as \u201ca vortex of power and intellectual charisma.\u2019\u2019 But when the time came for them to sit down and discuss Wolf\u2019s poetry, Bloom allegedly wielded that power and charisma in an alarming and troubling way. After sharing a meal and a couple glasses of sherry, Wolf set her manuscript on the table. Bloom promptly ignored it, instead extending his hand and placing it on her inner thigh, then advancing on Wolf when she 2/22/25, 8:15 Has Company Brief History of College Scandals 3/5 moved away from the table where they were seated. Wolf wrote that it \u201cwas not a sexual crisis\u2026 nor was it an emotional crisis,\u2019\u2019 but it created \u201ca moral crisis, shaking [her] confidence in the institution [she] was in.\u2019\u2019 Conversation This discussion has ended. Please join elsewhere on Boston.com Most Popular In Related News Karen Read case: Judge sheds more light on \u2018grave concern\u2019 1 Ahead of 6 shows in Boston, Nikki Glaser can't quite believe it 2 Boston and neighboring cities a cracking down on uncleared sid 3 2/22/25, 8:15 Has Company Brief History of College Scandals 4/5 \u00a92025 50-year history of Boston on 'Saturday Night Live' Colleges around the cautiously navigate Trump's crackdown \u2018Persistent boundary violations were open, obvious, and readily observed by students and teachers\u2019 Tell Us What You Think 2/22/25, 8:15 Has Company Brief History of College Scandals 5/5"}
8,257	Hikmet Budak	Montana State University	[ "8257_101.pdf", "8257_102.pdf", "8257_103.pdf", "8257_104.pdf", "8257_105.pdf" ]	{"8257_101.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Professor resigns after probe found he harassed female students, called them fat By Joshua Rhett Miller Published May 31, 2019 Updated May 31, 2019, 10:09 a.m Influencer hits Elon Musk with paternity suit, seeks sole\u2026 Tattooed music buff, 38, confirms she's the mother of rock star... Sean lawye traffic News Metro Long Island Politics World News 2/22/25, 8:15 Professor quits after probe finds he called students fat 1/9 Montana State University professor resigned after a probe found he repeatedly touched female students and called them fat \u2014 harassment so rampant that one student considered suicide, according to a report. Hikmet Budak, an advanced genetics professor and plant scientist from Turkey, resigned after evidence found he discriminated against students and staffers based on disabilities, national origin, Hikmet Budak Twitter union sounds alarm on new facial recognition tool that could be \u2018weaponized\u2019 by anti-cop activists Woman facing trial over allegedly threatening \u2018Don\u2019t be a c\u2013t\u2019 bumper sticker Welsh woman fined, hit with restraining order for sending \u2018malicious\u2019 fart videos to partner\u2019s ex: \u2018She was smirking throughout\u2019 2/22/25, 8:15 Professor quits after probe finds he called students fat 2/9 religion, gender and family status, an internal investigative report obtained by the Bozeman Daily Chronicle found. Budak created a \u201chostile environment that was rampant with harassment,\u201d according to MSU\u2019s institutional equity director. The report found that he hired primarily young women to work in his lab, and chided female students over their weight, or for having significant others. Budak also regularly touched women on the face or patted their shoulders, while yelling at them in other instances despite behaving professionally toward male students, the report said. In another disturbing instance, the report found Budak, in his native tongue, called students fat, and threatened to send Turkish students back to their native country, telling one student she was an \u201cevil woman\u201d before firing her. Budak has denied \u201call allegations against him,\u201d according to the report message seeking comment from his attorney, Hillary Carls, was not immediately returned Friday, but she said in the report that university officials got their \u201cdesired result\u201d with Budak\u2019s departure. The investigation was launched after three students filed complaints against Budak, who was later placed on administrative leave in August 2018 university spokesman confirmed to the Daily Chronicle that Budak has since resigned and his faculty profile was no longer active on the university\u2019s website as of Friday. 00:00 04:00 Before you go ... 2/22/25, 8:15 Professor quits after probe finds he called students fat 3/9 The report also found that Budak discouraged Turkish students from associating with their American counterparts, saying their lab work would be negatively impacted. \u201cThey will make us lazy and some of them are missionaries,\u201d Budak said, according to the report. \u201cThey will try to convert us to Christianity.\u201d Budak acknowledged having an affair with a doctoral student after meeting her in January 2018, but said he didn\u2019t report it to university officials because he was still married at the time. The woman\u2019s roommate had to dummy up about the illicit relationship, although she urged Budak and the woman to inform executives, the report found. Budak took his young \u201cpartner\u201d to a conference in South Carolina and later gave her authorship credit on academic papers, riling other students who viewed that as preferential treatment, the probe found. Budak\u2019s behavior left serious impacts on some of his students, the report found, including one female student who said the past few months in his courses had been \u201cvery rough,\u201d so much so that she \u201cactually became suicidal\u201d for a short time. Another doctoral student who was the first person in her family to attend college said Budak\u2019s conduct prompted her to consider leaving the classroom for good. But she\u2019s determined to become a professor to \u201cfight this kind of guy,\u201d according to the report. \u201cAll of your ideals just collapse,\u201d the female student said , 5/31/19 Mom who survived brutal Dominican Republic attack blames h Before you go ... 2/22/25, 8:15 Professor quits after probe finds he called students fat 4/9 Perspective: Neurofilament Light as a Biomarker in Mouse to Advance Neurological\u2026 GenomeWeb Which car has the right of way? Few people know! Tips and Tricks [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been\u2026 Novelodge [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate Before you go ... 2/22/25, 8:15 Professor quits after probe finds he called students fat 5/9 Tennis Star Kournikova Is Wheelchair Bound In Rare Appearance NYPost.com The First Shot Of The Democrat's Civil War Has Been Fired NYPost.com The Odd Details Of Trump Assassination Attempt That Don't Add Up Grunge.com Fans Rally Around Al Roker After He Shares Sad News NBC.com All-Inclusive Mexico Vacation Packages - Plan Your Getaway Now Mexico Vacation \| Search Ads Mexico Vacation [Pics] 10 Food That Unclog Arteries (Most People Ignore) TravelSent Before you go ... 2/22/25, 8:15 Professor quits after probe finds he called students fat 6/9 Lauren Boebert's Inappropriate Outfits Just Keep Getting Worse GLAM.com Lauren Boebert Showed Off Her Killer Legs & We're Stunned NickiSwift.com Here's How Stephen Hawking Said The World Will End Grunge.com Alabama Barker Throws Major Shade At Bhad Bhabie's New Look TMZ.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, 8:15 Professor quits after probe finds he called students fat 7/9 \u2018The View\u2019: Sunny Hostin Criticizes \u201cTone Deaf\u201d Pete Buttigieg\u2019s Remarks About 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, 8:15 Professor quits after probe finds he called students fat 8/9 \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, 8:15 Professor quits after probe finds he called students fat 9/9", "8257_102.pdf": "Montana State University instructor and plant scientist has resigned after an internal investigation found he sexually harassed and discriminated against students. Photo Montana Montana State scientist resigns amid harassment complaints by The Associated Press Thu, May 30th 2019 at 10:30 2/22/25, 8:15 Montana State scientist resigns amid harassment complaints 1/4 BOZEMAN, Mont Montana State University instructor and plant scientist has resigned after an internal investigation found he sexually harassed and discriminated against students. The Bozeman Daily Chronicle reports Hikmet Budak was placed on administrative leave in August 2018 after three students filed complaints. The Chronicle obtained a report on the investigation, which found Budak criticized female students about their weight and for having boyfriends or being married. It also said he did not follow MSU's conflict-of-interest policy and report he was having an affair with a student because he was still married. The investigation also found Budak discriminated against students based on their disabilities, national origin and religion. The report said Budak denied all allegations against him. Budak's attorney, Hillary Carls, did not immediately return a phone call seeking comment Thursday 2/22/25, 8:15 Montana State scientist resigns amid harassment complaints 2/4 Fatal crash on Highway 93 South closes all lanes Suspect identified in Missoula gang activity case, $1 million bond set Former Montana Tech associate athletic director faces new charges by Taboola Techno Mag War Thunder Join new Free to Play War Thunder Play Now Crossout Crossout: New Apocalyptic Play Now All Channels for Only $49 (Buy Now) AdChoices Sponsored 2/22/25, 8:15 Montana State scientist resigns amid harassment complaints 3/4 Loading 2/22/25, 8:15 Montana State scientist resigns amid harassment complaints 4/4", "8257_103.pdf": "settlement-to-former-professor-accused-of-harassment/article_dccd8161-c31d-5ed1-aa4e-992a1ed5b368.html Montana State pays $200,000 in civil settlement to former professor accused of harassment By Liz Weber Chronicle Staff Writer Mar 17, 2021 Frost clings to a Montana State University campus flag on Wednesday. Rachel Leathe/Chronicle Montana State University agreed to pay a former professor accused of sexual harassment and discrimination and a former graduate student a settlement of $200,000. Privacy - Terms 2/22/25, 8:16 Montana State pays $200,000 in civil settlement to former professor accused of harassment \| Montana State University \| bozemand\u2026 1/5 The settlement is the result of a civil suit filed in June 2019 against the university and four female graduate students who are current or former employees of MSU. In the lawsuit, Hikmet Budak, a plant scientist, and an unidentified former graduate student, allege the university and the individuals unlawfully disclosed the details of a confidential report containing allegations that were never proven. Budak resigned from the university in early 2019 after an internal investigation found evidence that he sexually harassed and discriminated against students and created such a hostile environment that several were forced to leave his lab and one considered suicide. The university\u2019s report was anonymously sent to the Chronicle at the time, which published the findings. Budak and the student through their attorney argued in the lawsuit that the report contained, \u201callegations that flowed from an inadequate and flawed investigation. They were not tested in any hearing, let alone proven by any standard of proof.\u201d The lawsuit also alleges the university was negligent in enabling the four individuals to \u201cintentionally disseminate the allegations contained in a confidential report to third parties, including multiple newspaper and other media outlets, causing substantial harm to the plaintiffs.\u201d The investigation into Budak, which began in 2018, found evidence that he discriminated against students and staff based on disability, national origin, sex, gender, marriage, family status and religion, information the Chronicle published in 2019. In MSU\u2019s report, Emily Stark, the university\u2019s institutional equity director at the time, concluded by a \u201cpreponderance of the evidence\u201d that Budak created \u201ca hostile environment that was rampant with harassment.\u201d 2/22/25, 8:16 Montana State pays $200,000 in civil settlement to former professor accused of harassment \| Montana State University \| bozemand\u2026 2/5 Budak, a scientist from Turkey, taught advanced genetics at since 2016 and was the university\u2019s first endowed chair of plant sciences. Budak declined to comment for this story when contacted through his Bozeman attorney, Brian Gallik. He has previously denied all allegations against him spokesperson for the university said it doesn\u2019t comment on litigation and that the settlement document speaks for itself. Attorneys representing the four women also named in the lawsuit did not respond to request for comment. The report From April 2018 to August 2018, four women reported concerns with Budak to the Office of Institutional Equity and wished to remain anonymous, according to court documents. The university placed Budak on administrative leave on Aug. 20, 2018. The next day, the four graduate students requested a formal investigation, which took place from September to October. In early October, the issued Budak a formal complaint \u201cwithout opportunity to be heard,\u201d according to the civil suit. In January 2019, the university issued additional allegations against Budak, including research misconduct that he denied. The report obtained by the Chronicle in 2019 outlined instances of Budak criticizing women for their weight, touching female students in ways that made them uncomfortable, not reporting an affair with a female student to his superiors because he was still married and attempting to control and manipulate students by isolating them. Budak resigned from in May 2019 due to the \u201cmultiple allegations and believing he would not obtain a fair hearing in the pending investigations,\u201d according to the lawsuit. 2/22/25, 8:16 Montana State pays $200,000 in civil settlement to former professor accused of harassment \| Montana State University \| bozemand\u2026 3/5 His separation agreement with MSU, which was included in the lawsuit\u2019s filing, states that no further action related to the allegations would be taken by the university following the letter of resignation and Budak maintained he committed no wrongdoing. The suit filed by Budak accuses of violating privacy rights by providing the investigative report on Budak to the individuals who filed the complaints in an online format that was capable of being copied and forwarded. The suit alleges the defendants then targeted \u201cvarious entities and institutions where Dr. Budak was scheduled to receive an honorary doctorate and a new position of employment\u201d and provided details or copies of the report. Budak argues in the suit that the allegations resulted in the loss of his job offer and various board positions and damage to his reputation and career opportunities. Illinois Tech in Chicago announced in May 2019 that it had hired Budak, but the college later confirmed to the Chronicle that it would not employ him. The settlement In the civil suit, Budak and the student accused of negligence, violation of right of privacy and breach of contract and the individual defendants of defamation, false light, interference with employment contract, and intentional infliction of emotional distress. The civil settlement was reached out of court and was submitted to Gallatin County District Court for approval in January. Judge John Brown in early February approved the agreement. In the settlement, Budak, the student and the individual defendants agreed to destroy copies or portions of the reports and findings in their possession but could keep a copy of their individual statements. All parties also agreed not to publish or publicly share 2/22/25, 8:16 Montana State pays $200,000 in civil settlement to former professor accused of harassment \| Montana State University \| bozemand\u2026 4/5 Liz Weber information from the investigation and remove all previous social media posts referring to the allegations. The settlement outlines how review of scientific work by the other party would be a conflict of interest and each side agreed to disclose it if they are asked to review the others\u2019 work. Both sides also agreed not to provide an oral or written comment beyond stating, \u201cThe parties\u2019 mutual disputes were resolved.\u201d Neither side admitted liability. Liz Weber can be reached at [email protected] or 582-2633. 2/22/25, 8:16 Montana State pays $200,000 in civil settlement to former professor accused of harassment \| Montana State University \| bozemand\u2026 5/5", "8257_104.pdf": "Subscribe Digital Edition Newsletters Public Notices Jobs Book An Ad Cars Homes Local listings Local info News Sport What's On E-Editions Announcements Submit an Event Subscribe News Worcester County News Droitwich Business Crime News 14th May 2019 University to review ties with academic after allegations 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 1/9 By Worcester editorial Share This article is the subject of a legal complaint from Dr Hikmet Budak. REVIEW: The University of Worcester is deciding whether or not to cut ties with Dr Hikmet Budak. Photo taken from Twitter page @HikmetBudak 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 2/9 Perspective: Neurofilament Light as a Biomarker in Mouse to\u2026 Read more is set to review an honorary professorship given to a celebrated academic who has since been accused of bullying and sexual harassment by students. An investigation found Dr Hikmet Budak \u201cmore likely than not\u201d to have engaged in discrimination, hostile environment harassment and retaliation against students and employees, according to a report leaked to . He was accused of inappropriately touching female students and employees and demonstrating \u201cpreferential behaviour\u201d towards those he was attracted to, while firing one who questioned his actions while working at an American university. University of Worcester Worcester News 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 3/9 The environment in his lab was described as as one of \u201cisolation and manipulation\u201d in which he allegedly discriminated on grounds of sex, religion and disabilities. He was awarded the honorary title by the University of Worcester in 2017 in recognition of his work in the field of Cereal Genomics at Montana State University (MSU) in USA. While working within MSU\u2019s Department of Plant Sciences and Plant Pathology, he was accused of behaving inappropriately by a number of female students working in his lab. The allegations date to the beginning of April 2018. Following an internal probe, we understand Dr Budak withdrew an appeal on May 9 and is awaiting sanctions having now transferred to Illinois Tech where he serves as chair of the Department of Biology. Having been placed on administrative leave in August, Dr Budak was issued with a formal complaint by the MSU\u2019s Office of Institutional Equity on October 3 UoW spokesman said Dr Budak, despite the honorary title, \u201cis not, and has never been, an employee of the University of Worcester\u201d but described the allegations as \u201cdeeply concerning.\u201d Neurofilament Light as a Biomarker in Mouse Models to Advance Research in Neurological Disorders GenomeWeb \| Sponsored 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 4/9 The enquiry will continue at the next Academic Board meeting when the professorship will be reviewed, added the spokesman. Share More Stories [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been lied to for years. Novelodge \| Sponsored 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 5/9 [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate \| Sponsored 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 6/9 Plan Your Next Mexico Vacation - The Adventure Awaits! Mexico Vacation \| Sponsored 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 7/9 Perspective: Advancing Neurological Disorder Research With Neurofilament\u2026 GenomeWeb Strategy of brute force ips-journal.eu Send your news & photos Get involved with the news 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 8/9 Contact us Manage Consent Announcements Leap Cookie Policy Terms & Conditions Contributor Terms Newsquest printing Advertise Newsletters Reader Rewards Site Map Exchange and Mart Terms of Advertising Privacy Policy Diversity Statement Photo sales Our Publications Archive Add Your Event For Free Worcester News Worcester News Sport @worcesternews Worcester News Sport This website and associated newspapers adhere to the Independent Press Standards Organisation's Editors' Code of Practice. If you have a complaint about the editorial content which relates to inaccuracy or intrusion, then please contact the editor here. If you are dissatisfied with the response provided you can contact here \u00a9 2001-2025. Newsquest Media Group Ltd, 1st Floor, Chartist Tower, Upper Dock Street, Newport, Wales, NP20 1DW \| 01676637 2/22/25, 8:16 University to review ties with academic after allegations \| Worcester News 9/9", "8257_105.pdf": "Montana State University professor resigns amid harassment complaints Associated Press Published 1:58 p.m May 30, 2019 Updated 2:01 p.m May 30, 2019 Montana State University advanced genetics professor and plant scientist has resigned after an internal investigation found he harassed and discriminated against students, the Bozeman Daily Chronicle reported Thursday. The Chronicle obtained a report on the investigation of Hikmet Budak, which began in August 2018 after three students filed complaints. It found Budak criticized female students about their weight and for having boyfriends or being married, yelled at students and discriminated against students and staff based on their disabilities, national origin, religion or sex. Budak acknowledged having an affair with a doctoral student and said he didn't report it to the university as a possible conflict of interest because he was still married, the report said. The report alleges Budak took her to an out-of-state conference and gave her authorship credit on academic papers, which other students saw as preferential treatment. Budak, a scientist from Turkey, was the school's first Winifred-Asbjornson Plant Science endowed chair when he joined the faculty in 2016. He was part of an international group of scientists that mapped the genome of durum wheat, which could help develop varieties that could produce higher yields, better nutritional quality and be better able to resist pests, stress and disease. Investigators with MSU's Office of Institutional Equity interviewed 18 witnesses during the investigation and Director Emily Stark concluded from a preponderance of the evidence that Budak created \"a hostile environment that was rampant with harassment.\" The April 8 report said Budak \"denies all allegations against him.\" 2/22/25, 8:16 Montana State University professor resigns amid harassment complaints 1/2 Budak's attorney, Hillary Carls, did not immediately return a phone call seeking comment Thursday, but the report quoted her as saying: \"Dr. Budak leaving provides the witnesses and the university with their desired result.\" It's not clear when he resigned. Witnesses reported Budak repeatedly told students they were fired from his lab, threatened to send foreign students back to their home countries and frequently threatened to shoot students, saying he had a gun in his glovebox. Witnesses reported he became angry with a young woman because she had a boyfriend, yelled at a student for giving her phone number to a young man and drove while screaming at a woman and running red lights and went into a \"towering rage.\" Budak sought to control and manipulate students by isolating them and reportedly told students from Turkey they shouldn't associate with American students because \"they will make us lazy\" and \"try to convert us to Christianity,\" students told investigators. The young woman who had a relationship with Budak told investigators she was taking medication for anxiety and felt isolated, another woman said she \"actually became suicidal for a short time\" while others feared retaliation for reporting his actions. In late December 2018, Montana State's play-by-play broadcaster Jay Sanderson announced he was leaving his position to attend to family matters. It was later revealed that a preliminary investigation by the Office of Institutional Equity found credible evidence to substantiate claims that Sanderson sexually harassed a newspaper sportswriter and sent her suggestive texts. He denied the allegations. 2/22/25, 8:16 Montana State University professor resigns amid harassment complaints 2/2"}
7,295	Thomas Roma	Columbia University	[ "7295_101.pdf", "7295_102.pdf", "7295_103.pdf", "7295_104.pdf", "7295_105.pdf", "7295_106.pdf", "7295_107.pdf", "7295_108.pdf", "7295_109.pdf" ]	{"7295_101.pdf": "Second Columbia Professor Resigns After Accusations of Sexual Misconduct Rachel Frommer January 4, 2018 Columbia University lost its second professor this week to accusations of sexual misconduct by former students, in a wave of investigations into sexual harassment by university officials and faculty at American campuses. Thomas Roma, director of Columbia's photography program since 1996, resigned effective immediately after five women came forward with allegations reported Wednesday in the New York Times. The university conducted internal investigations into the allegations when they were originally made over 15 years ago, and found in at least one case that both the alleged victim and Roma were responsible for the incident. This comes after tenured history professor William Harris retired last month following accusations by an anonymous female graduate student that he had pursued nonconsensual sexual contact since 2012. Meanwhile, Todd Heatherton abandoned his post as visiting scholar at New York University in November, when an investigation was opened into his alleged sexual misconduct as a psychology professor at Dartmouth College. He is among three Dartmouth faculty members who were placed on paid leave in October pending the results of inquiries into the claims. Norman Pattiz, a long-time member of the University of California Board of Regents, announced last week that he would resign in mid-February, following sustained pressure over revelations in 2016 that he allegedly sexually harassed an employee at his radio company students have since been demanding he step down, and called out President Janet Napolitano for her repeated statements about being devoted to combatting sexual misconduct\u2014even setting up a \"student advisory board\" on the issue\u2014while allowing Pattiz to remain. At the University of Wisconsin-Milwaukee, 37 faculty and staff have been accused of sexual assault or harassment since 2013, according to a new report by the student paper, Media Milwaukee. Violations were found in 11 of those cases and two investigations are still pending, Butler Library at Columbia University / Wikimedia Commons 2/22/25, 8:16 Second Columbia Professor Resigns After Accusations of Sexual Misconduct 1/4 though it is unclear what action were taken by the administration when misconduct was discovered. In a statement to a local new outlet, the university would only say \"appropriate discipline was taken\" when misconduct was found. \"Most of the employees were terminated or had already left the university,\" added the university. Media Milwaukee notes that the Office of Equity and Diversity Services, responsible for overseeing harassment reporting and investigations, has been \"extremely understaffed for about 10 years,\" and seen frequent turnover, with four different interim directors since 2011 part-time chemistry professor at George Washington University has charged administrators subjected her to an \"malicious\" Title investigation into alleged sexual harassment of a student, and filed a lawsuit against the university and staff late last year 2/22/25, 8:16 Second Columbia Professor Resigns After Accusations of Sexual Misconduct 2/4 Battle With China Brews in the Indian Ocean, Hamas Savagery Hits a New Low, and News Settles a Defamation Suit Washington Free Beacon Editors February 22, 2025 George Washington University Retaliated Against Jewish Students Who Lodged Anti-Semitism Complaint, Federal Probe Finds Alana Goodman February 22, 2025 'Serious Conflicts of Interest': Biden Official Oversaw $5B Grant to His Former Employer Thomas Catenacci February 20, 2025 Exposes $2 Billion in Taxpayer Funds Set Aside for Stacey Abrams's Green Group. Plus, Karen Bass Leads the Department of Buck Passing. Washington Free Beacon Editors February 20, 2025 Biden Administration Doled Out Taxpayer Funds to Anita Dunn's Comms Firm, Records Show Andrew Kerr February 20, 2025 Settles Defamation Lawsuit With Georgia Doctor Whom Rachel Maddow Dubbed the \u2018Uterus Collector,\u2019 Avoiding High Stakes Trial Jessica Costescu 2/22/25, 8:16 Second Columbia Professor Resigns After Accusations of Sexual Misconduct 3/4 February 21, 2025 2/22/25, 8:16 Second Columbia Professor Resigns After Accusations of Sexual Misconduct 4/4", "7295_102.pdf": "Task Force on Sexual Abuse 5, 2020 1 Table of Contents Introduction and Task Force Charge............................................................................................................. 2 Summary of Instances of Sexual Abuse in Higher Education Institutions that Became Known in the Past Roundtable 2 \u2013 April 13..........................................................................................................................27 Roundtable 3 \u2013 April 20..........................................................................................................................39 10 Years ........................................................................................................................................................ 3 Summary of Reported Cases..................................................................................................................... 3 Reporting and Pathways to Action............................................................................................................ 5 University Culture of Awareness.............................................................................................................. 7 Survivor Support....................................................................................................................................... 8 Roundtable Discussions................................................................................................................................9 Introduction and Overview ....................................................................................................................... 9 Roundtable 1 - March 30 ........................................................................................................................11 Ms. Ju\u2019Riese Col\u1f79n.............................................................................................................................11 Dr. Patricia Harned .............................................................................................................................16 Ms. Sage Carson ................................................................................................................................. 21 Professor Nancy Chi Cantalupo.......................................................................................................... 27 Dr. Anne DePrince..............................................................................................................................31 Dr. Frank Dobbin................................................................................................................................39 Dr. Donald Tomaskovic-Devey .......................................................................................................... 43 Ms. Katherine Lasher ..........................................................................................................................46 Appendix A: Search Methods..................................................................................................................... 51 Appendix B: Key Definitions ..................................................................................................................... 52 Appendix C: References .............................................................................................................................54 Appendix D: Roundtable Presenters and Topics ........................................................................................77 Appendix E: Task Force Membership ........................................................................................................ 78 2 Introduction and Task Force Charge Convened in the fall of 2019 by Ohio State University President Michael Drake, the Task Force on Sexual Abuse was charged with \u201ccompiling a background summary of known instances of sexual abuse that have occurred at institutions of higher education, with particular emphasis on those instances that have become known within the last 10 years.\u201d1 The Task Force was asked to distill and categorize common elements or themes that emerge from that historical summary, focusing specifically on identifying and understanding the particular challenges and cultural barriers that may exist in college departments of athletics or in the clinical medical enterprise that could affect sexual abuse reporting. The Task Force had three additional charges to be drawn from that study of recent events: i) Identifying educational tools and practices for enhancing a culture of awareness and compliance; ii) Identifying best practices focused on assisting reporting and developing pathways to action on college campuses; and iii) Identifying best practices regarding sustainable mechanisms for support and recovery. The Task Force conducted its work in two parts. First, it studied publicly reported instances of sexual abuse at institutions of higher education reported in the last ten years. To do so, the Task Force used Lexis/Nexis and Google to identify such cases perpetrated by a coach, physician, professor, priest, or other university affiliate against two or more survivors. The precise methodology and search criteria the Task Force used are set out in Appendix A, and the definitions used to identify cases are set out in Appendix bibliography of the materials reviewed as a result of the search criteria and from which the summary was drawn is included as Appendix C. The Task Force used the results of that study to create a historical summary in the form of organized bullet points, which set out patterns and elements found in the identified cases. That summary appears below (see pp. 3-8). In the second part of its work, the Task Force held a series of three roundtable discussions, in which nationally recognized experts engaged in fields related to sexual violence in higher education joined with the Task Force for presentations and conversation regarding the crucial issues higher education must address with regard to sexual abuse as set out in the Task Force\u2019s charge. The historical summary was shared with the guest speakers in advance of the roundtable discussions. Summaries of those roundtable discussions are included below as the second part of the Task Force\u2019s report (see pp. 11-50). Several themes emerged from each roundtable discussion, and two themes in particular were a point of emphasis at each session. These themes are described in the summaries of each roundtable, but a list of the themes appears in the introduction to the roundtable summaries (see pp. 9-10). 1 The membership of the Task Force is set out in Appendix E. 3 Summary of Instances of Sexual Abuse in Higher Education Institutions that Became Known in the Past 10 Years Cautionary Word: The Task Force\u2019s information about these incidents is taken exclusively from public reports\u2014in most cases media reports, though the materials also include some court decisions and some reports from independent investigations paid for by the affected university (all of the sources are listed in Appendix C). Inevitably, some media reports will contradict each other and, more importantly, such public reports, while highly useful for identifying known instances, have the potential to contain inaccuracies. In addition, many public reports recount allegations or otherwise contested \u201cfacts,\u201d so that the publicly available details of \u201cwhat happened\u201d almost always fall short of the level of certainty of a court order or a universally agreed upon description. The Task Force did not conduct its own independent investigation of any of these incidents or make factual assessments independent of these public reports. Such an effort was both beyond the Task Force\u2019s charge and not reasonably feasible. This inherent uncertainty must be kept in mind in considering the bullet point summary. Summary of Reported Cases \uf0b7 We found 31 cases that met our search criteria. \uf0b7 The cases that became publicly known in the past decade reported abuse in every decade from the 1940\u2019s until the present: o o o o o o o o o o o 4 \uf0b7 Of the 31 cases, the alleged abuser was reported to have operated in the following contexts: Medicine (seven cases) Sports (four cases; including two of the seven in medicine) Religious leader (four cases) Faculty member outside of Medicine/Sports/Religious leader (16 cases) Nonfaculty administrator (two cases) \uf0b7 The alleged abusers\u2019 actions often lasted for many years: In 81% of the cases, the alleged abuse covered five+ years. In 42% of the cases, the alleged abuse covered 10+ years. \uf0b7 The number of abuse survivors varied substantially across incidents. The numerical range of survivors according to public reports, went from two to 700+. The mean of the reported number of survivors was 61, and the median was 10. \uf0b7 In most instances of these cases of multiple-victim abuse, public reports identify fewer than ten people as having been subject to the abuse. An estimated number of survivors has been reported in 30 of the 31 cases. In 60% of the cases the number of reported survivors was fewer than ten. In 27% of the cases the number of reported survivors was greater than 25, and in 13% (four cases) it was greater than 100. \uf0b7 Not surprisingly, the reported length of abuse was greater in the cases involving more survivors: Of the eight cases with 25 or more reported survivors, all lasted at least five years and all but one (88%) lasted ten years or more. Of the cases with fewer than 25 reported survivors, only five (16%) lasted as long as ten years. \uf0b7 The reported cases of abuse on the largest scale in terms of number of survivors were overwhelmingly in the medical and athletic contexts. Of the eight cases with more than 25 survivors, five involved medicine and three involved athletics. Only two of the eight involved neither, and in one of those, the abuse occurred outside of the United States; the other case was in the religious context. \uf0b7 The abuse incidents were consistently gender specific. The perpetrators were always male, 100%. The survivors included men and women with great frequency, but not within the same case. In 12 cases (40%), the survivors were uniformly male; in 18 cases, the survivors were uniformly female, and in one case they were female or gender non-conforming. There were no reported cases with both male and female survivors. \uf0b7 Males were more frequently victimized as children, females as adults (over 18). o o o o o 5 In 67% of the cases involving males, the survivors were children. Where the targets of abuse were female, only one case (5%) included children. Reporting and Pathways to Action \uf0b7 University investigation usually stopped the alleged abuse. In all but three of the cases, public reports indicate that the alleged abuse did not continue once there was a university-level investigation. \uf0b7 The initial reports of abuse, however, were usually not enough to stop the alleged abuse. According to published reports, the initial report stopped the alleged abuse in only 35% of the cases. \uf0b7 Initial reporting of abuse was especially ineffective at stopping alleged abuse in cases involving male victims. The initial report of abuse failed to stop the alleged perpetrator in 11 of the 12 cases (92%) involving male victims. This may be related to the context in which the cases of abuse of males tended to occur: three involved athletics, three involved medicine, and four involved religion; only two did not involve any of these categories. \uf0b7 The first reports of abuse were made to a diverse array of actors, including: Title Office, medical provider, equity compliance officer, coach or other athletics official, dean or department chair, other university administrator, faculty member, campus rape crisis center or sexual harassment officer, university police, and an outside newspaper. \uf0b7 In recent years, initial reports of abuse may have become more likely to stop the alleged abuse. In 12 of the cases, the initial report of abuse was before 2006, in 10 of the cases, it was in 2006 or later (in the other cases the date of initial report is not apparent from the public reports). \uf0a7 Pre-2006, 0% of initial reports resulted in stopping the alleged abuse; post-2006, 60% of initial reports resulted in stopping the alleged abuse. \uf0a7 Those percentages, however, come with important caveats: \uf0b7 If the initial report resulted in the alleged abuse stopping before 2006, it is less likely to be in the summary, which contains only cases that became public after 2009. \uf0b7 There are likely some unknown cases where abuse is ongoing notwithstanding an initial report after 2006, but of o o o 6 course those are not in the summary either, since they are not publicly known. \uf0b7 The likelihood that the initial report stops the alleged abuse is connected to the context of the abuse. Percent of cases in which initial report stopped the alleged abuse: \uf0a7 Sports: 0% \uf0a7 Religious leader: 0% \uf0a7 Medicine: 29% (but medicine w/out sports: 40%) \uf0a7 All others: 50% \uf0b7 Most of the abuse cases spanned many years. Only seven (23%) of the cases lasted less than five years. The relative brevity of these cases was sometimes, but not always, tied to the success of initial reporting; initial reporting stopped the alleged abuse in four of the seven cases (57%), compared to 29% of the cases that lasted five years or more perpetrator\u2019s status as a faculty member (compared to other university roles) was not tied to a longer period of alleged abuse; if anything, the reported cases point in the opposite direction. In all seven (100%) of the cases that were stopped in less than five years, the reported perpetrator was a faculty member (two in medicine), compared to 58% faculty perpetrators in cases that lasted five years or longer. \uf0b7 Public reports describe the role of the Title Office in the sequence of reporting in six of the cases. In two of them, the initial report was to the Title Office and the alleged abuse stopped. In two others, the initial report was not to the Title Office and the alleged abuse continued until, subsequently, there was a report to the Title Office and the alleged abuse stopped. In two other cases, the alleged abuse continued notwithstanding a report to the Title Office. \uf0b7 The alleged abuser had multiple appointments in 42% of cases. Multiple appointments did not seem to impact the rate at which the initial report resulted in stopping the alleged abuse. \uf0a7 Initial reports resulted in the alleged abuse stopping in 38% of multiple appointment cases compared to 35% overall. Multiple appointments may have impacted the total length of time the alleged abuse occurred. \uf0a7 With multiple appointments, alleged abuse spanned 10+ years in 54% of cases; without multiple appointments, alleged abuse spanned 10+ years in 33% of cases. \uf0b7 Most of the incidents of abuse ultimately resulted in the perpetrator leaving his position, but usually by means short of firing. Of the 29 cases in which the outcome for the perpetrator was reported, seven (24%) were reportedly fired, nine (31%) resigned, nine (31% retired), three (10%) were transferred to new positions, and one (3%) continued in his job. o o o o o o o o o 7 \uf0b7 The alleged abuser moving on to a similar position at another institution after the first institution discovered the alleged abuse was an infrequent, but not unheard of circumstance in the cases. In all 31 cases, the alleged abuser eventually left the institution (e.g., fired, retired resigned). In 25 of those cases (81%), public reports contain indication that the alleged abuser subsequently obtained a comparable position elsewhere. In three of the other six, the institution had a religious affiliation, and the alleged abuser moved to another institution with the same religious affiliation. In one case the alleged abuser obtained a position outside of the U.S. In the other two cases, the alleged abuser obtained a university position in the U.S., but in one of those was fired for lying about what had happened at the first institution. University Culture of Awareness \uf0b7 Involvement of alcohol and/or drugs was a frequent theme in cases in which the alleged abuser was a faculty member. Of the 16 cases involving a \u201cfaculty member outside of Medicine/Sports/Religious leader,\u201d eight (50%) involved the alleged abuser and the survivors using alcohol and/or drugs together. \uf0b7 Involvement of alcohol and/or drugs may have made reports of abuse by faculty less likely to result in the abuse stopping. In five of the eight cases above (63%), public reports include allegations that the university was notified and failed to act; in the other eight faculty cases (those in which drug/alcohol involvement was not reported), public reports indicate that the abuse continued after it was reported in four of them (50%). \uf0b7 In a majority (71%) of the cases involving medicine, public reports indicate that the alleged abuse was facilitated by exploitation of the survivors\u2019 trust in the medical provider regarding what actions and behaviors were appropriate for a medical professional during a medical exam. \uf0b7 Fear of retaliation was a frequently recurring theme in public reports about the incidents. In 17 of the 31 cases (55%), public reports include allegations that the survivors feared retaliation from the alleged abuser. One frequently feared retaliation was interference with career or academic success (e.g., negative word-of-mouth in academic field, cancelled advising meetings, or blocking athletic participation). o o o 8 Another frequent feared retaliation was monetary loss (e.g., loss of grant funding or loss of scholarship). \uf0b7 Of the 16 cases involving a \u201cfaculty member outside of Medicine/Sports/Religious leader,\u201d three involved professors of music. In these cases, the faculty members had one-on-one contact with their students through private music lessons. They were, therefore, isolated with the students\u2014an environment that facilitated the alleged abuse. \uf0b7 In the search results, the cases involving international students, both in the U.S. and abroad, revealed a particular set of vulnerabilities. International students were targeted by exploiting their need for support in navigating and adapting to a new culture. International students\u2019 uncertainty with regard to whether their alleged abuser\u2019s conduct was acceptable under United States norms and their lack of familiarity with how to access support services was also exploited by their alleged abusers. Survivor Support \uf0b7 Media reports of the cases were largely silent with regard to supports provided to survivors and about things that survivors found useful in making reports or obtaining support. \uf0b7 In one case, the university allegedly turned away a student from the university\u2019s counseling center. The counseling center allegedly notified the student days later that they had turned her away because they felt she might not be \u201ccomfortable and secure,\u201d given that she had filed a lawsuit against the university. The allegation says that the counseling center instead gave the survivor outside referrals (and offered to pay for them) that she did not use, at least initially. This may point to a concern for universities in general: balancing providing support staff/services sufficiently independent of the university to avoid a conflict of interest (or the appearance of a conflict) that could undermine the support on the one hand, with ensuring that survivors receive accessible and excellent support on the other. 9 Roundtable Discussions Introduction and Overview The Task Force scheduled three roundtable discussions, which brought nationally recognized experts in issues surrounding sexual abuse\u2014drawn from the academy, practitioners, and survivors\u2014to speak with the Task Force. Each invited speaker made an informal presentation (some with citations, some not) followed by discussion with the Task Force. Each invited speaker also participated in the discussion surrounding the other presentations at their roundtable session. In advance of their presentations, each invited speaker reviewed the Task Force\u2019s historical summary of instances of sexual abuse in higher education institutions and directed their presentation towards at least one of the three areas2 in which the Task Force was charged with exploring best practices list of the roundtable presenters and their topics is included as Appendix D. As a result of the COVID-19 pandemic, the Task Force held all three roundtables via videoconference, as the originally planned in-person meetings were not possible. The roundtables were held on March 30, April 13, and April 20, each lasting approximately four hours. Included below are summaries of each of the three days of roundtable presentations and discussions; the summaries are intended to capture much of the knowledge and insight that was shared at these sessions. The summary of each presentation represents the views that were expressed by that presenter, which are not necessarily the views of the Task Force. Several themes emerged from the presentations and discussions at each roundtable. The summary of each roundtable begins with a brief synopsis of those themes, and a list of those themes appears immediately below. In addition, two major themes made up some part of all three roundtables. First, the crucial importance of senior leadership. Speaker after speaker spoke about the necessity for genuine, public, and substantive support from senior leadership to positively address sexual abuse in higher education. Second, a survivor-centric approach. At each roundtable, the value and imperative of asking \u201cwhat is best for survivors\u201d when thinking about any step for reform\u2014e.g., culture change, training, or improved reporting\u2014came to the fore urvivor support is both intrinsically important and itself furthers prevention. The list of additional themes that emerged from each roundtable follows: i) The importance of ongoing and customized training/education programs. Such programs must be fitted to each institution, ideally with multiple modes of delivery. Training includes encouraging bystanders and capable guardians to report/interrupt risky behavior early on. (Roundtables 1 a nd 2) 2 The Task Force was charged with identifying best practices with regard to: (i) educational tools and practices for enhancing a culture of awareness and compliance, (ii) assisting reporting and developing pathwaysto action on college campuses, and (iii) sustainable mechanisms for support and recovery. 10 ii) Understanding the very limited role of adjudication in supporting survivors. Because adjudication of complaints occurs in only a very small percentage of sexual abuse cases and hence does not directly impact most survivors, adjudication necessities should not stand in the way of other survivor supports. It is important for survivors to know that the institution and community focus is on survivor support rather than adjudication. (Roundtable 1) iii) The importance of proactively addressing retaliation. Fear of retaliation is a leading barrier to reporting, and experienced retaliation wrecks efforts to establish a survivor-centered culture. Reporters should be advised about what constitutes retaliation, and, even more importantly, institutions must look for and assess behavioral indicators of retaliation rather than simply asking survivors if they have been retaliated against. (Roundtable 1) iv) Recognition of the need for a comprehensive approach (e.g., a public health approach) across an academic institution to address problems of sexual abuse. One or two units or interventions alone cannot be expected to make significant headway. (Roundtable 2) v) Expansion of sexual abuse reporting options, including confidential reporting, to the maximal extent possible, because reporting is an overwhelmingly crucial step towards receiving support. Such expanded reporting must be accomplished with the survivor-centered perspective, because a positive reaction to an initial report sets a trajectory for the experience of survivors. (Roundtable 2) vi) Successful intervention against sexual abuse requires both clear metrics and transparency; clear and transparent measurements provide: (a) leaders with crucial tools to evaluate what is working and what is not, (b) the community with a basis for holding leaders accountable, a nd (c) the institution with the opportunity to recognize leaders-in-change as heroes. (Roundtable 3) vii) Leadership and planners can expect backlash from many interventions designed to combat sexual abuse, a nd must proactively plan and prepare accordingly. (Roundtable 3) viii) The frequent power imbalance between perpetrators and survivors highlights the importance of paying special attention to high-risk groups and niche vulnerabilities. (Roundtable 3) 11 Roundtable 1 - March 30 The roundtable discussion on March 30, 2020 included presentations from Ms. Ju\u2018Riese Col\u1f79n, Dr. Patricia Harned, and Ms. Sage Carson. Ms. Col\u1f79n provided an introduction to the U.S. Center for SafeSport (the Center), discussed strategies the Center has implemented to change the culture within sports, and reported some of the known outcomes related to the change efforts. Dr. Harned discussed the work being conducted by the Ethics and Compliance Initiative, and presented key findings from multiple survey research studies related to ethical behavior and response in the workforce. She identified several best practices for enhancing a workplace culture that promotes a culture of respect and encourages reporting of misconduct. Ms. Carson, from Know Your IX, presented institutional policy recommendations designed to maximize survivor support and recovery and promote equity for all students. Several themes emerged from the presentations and discussions. First, the importa nce of organizational leadership. The speakers frequently noted the critical impact of obtaining buy-in from senior administrators and leaders. Any efforts designed to address culture change, reduce sexual abuse, encourage reporting, and so forth require sincere and concerted involvement from those in positions of authority. In tandem, sufficient resources must be allocated toward these efforts, another aspect in the hands of leadership. Second, the presenters firmly addressed the need for training and education programs that are ongoing and customized to individual settings one-size-fits-all approach is not sufficient to achieve effective and sustained change, and multiple modalities are ideal third theme addressed the importance of survivor-centric strategies and efforts. Providing appropriate care, response, and support to survivors should be at the forefront of all initiatives that are designed to reduce and respond to sexual abuse. Reporting mechanisms should prioritize survivors\u2019 needs rather than focusing predominantly on adjudicating alleged perpetrators. Prosecuting the perpetrator, while understandably valuable and attractive, is usually not a top priority for survivors nor the most effective focus for university efforts because of the chilling, re-traumatization, and backlash effects that can ensue. Stopping and sanctioning perpetrators is important, but when in tension with enhancing reporting, it must take a back seat. Finally, the discussion consistently focused on proactively addressing retaliation. Fear of retaliation is a leading barrier to reporting, and experienced retaliation wrecks efforts to establish a survivor-centered culture. Reporters should be advised about what constitutes retaliation, and, even more importantly, institutions must look for and assess behavioral indicators of retaliation rather than simply asking survivors if they have been retaliated against. Ms. Ju\u2019Riese Col\u1f79n Ju\u2019Riese Col\u1f79n is the Chief Executive Officer at the U. S. Center for SafeSport. In her presentation, Creating Culture Change within the Olympic Movement, Ms. Col\u1f79n provided an overview of the U. S. Center for SafeSport, described its mission, and discussed its efforts to change the culture within the Olympic and Paralympic movement to focus on promoting safety. The Center is an independent, non-profit organization focused on addressing issues of emotional, physical, and sexual misconduct. As the first and only national organization of its kind, the Center is distinctive in that it has been authorized by the U.S. Congress. The \u201cProtecting Young 12 Victims from Sexual Abuse and Safe Sport Authorization Act of 2017\u201d authorizes the Center to serve as an independent organization responsible for developing policies and procedures designed to prevent emotional, physical, and sexual abuse of amateur athletes. The Center\u2019s unique status gives it the ability to investigate and drive accountability related to sexual misconduct; the Center\u2019s mission is \u201cto make athlete well-being the centerpiece of our nation\u2019s sports culture through prevention, education, and accountability.\u201d3 The Center is charged with addressing sexual misconduct within sports culture in the U.S. This charge includes oversight of the Olympic and Paralympic Movement (OPM)\u2014athletics at the most elite level\u2014and sports at all levels, which involve as many as 18 million people, including youth sports athletes and coaches. The Center is responsible for creating policies, training participants, auditing the Olympic and Paralympic Governing Bodies (NGBs)\u2014which includes 56 organizations (e.g., U.S.A. Swimming, U.S.A. Boxing, U.S.A. Gymnastics)\u2014and establishing financial support to fund itself. Having started with only four employees, the Center has grown significantly in the past three years to its present staffing of 60 employees. The Center has the authority to drive both individual and organizational accountability. Scope of the Problem Sexual misconduct is a significant problem within sports. The Center estimates that nearly 45 million youth participate in sports annually. Ms. Col\u1f79n shared published data indicating that 40- 50% of athletes have experienced some form of harassment or abuse,4 and according to a study of over 2,000 Australian athletes, these numbers may be even higher for elite athletes (i.e., athletes training at the Olympic and Paralympic level).5 Ms. Col\u1f79n also shared public data indicating that 74% of college students on a varsity team have had experiences of hazing, and in more than 50% of these hazing incidents, a member of the offending group posted pictures on a public web space.6 More than 75% of elite athletes have experienced emotional abuse during their athletic career.7 Perhaps most alarmingly, in one report, one out of four coaches or organization advisors were aware of hazing behaviors.8 Moreover, abuse is not limited to coach on athlete abuse; in some cases, adult coaches were found to be abusing other adult coaches. Ms. Col\u1f79n described the culture within sports as contributing to increased risk of abuse. There is a pervasive mentality that athletes need to be \u201ctougher\u201d and to be willing to win at all costs. This winning mentality is particularly dangerous because when people are willing to \u201cput it all on the line,\u201d athlete safety is particularly at risk. Various forms of abuse occur under the guise of \u201ctough 3 U.S. Center for Safe Sport. (n.d.). Our work: Mission. 4 Childhelp. (2014). Childhelp blow the whistle on child abuse. content/uploads/2014/04/BTW-Program.pdf 5 Leahy, T., Pretty, G., & Tenenbaum, G. (2002). Prevalence of sexual abuse in organized competitive sport in Australia. Journal of Sexual Aggression, 8(2), 16-36. 6 Allan, E. J., & Madden, M. (2008). Hazing in view: College students at risk. Hazing Prevention Consortium. 7 Stirling, A. E., & Kerr, G. A. (2013). The perceived effects of elite athletes\u2019 experiences of emotional abuse in the coach-athlete relationship. International Journal of Sport and Exercise Psychology, 11, 87\u2013100. 8 Allan, E. J., & Madden, M. (2008). Hazing in view: College students at risk. Hazing Prevention Consortium. coaching\u201d or are dismissed as behavior that merely \u201ccrossed the line.\u201d Consequently, prevention efforts need to focus on shifting the culture within sports. Although the Center has received at least one report of abuse from each governing body, many of the NGBs perceived that they were immune to the problem of sexual misconduct and that sexual misconduct was only an issue within Gymnastics. Consequently, some NGBs have been resistant to the Center\u2019s efforts to address cultural change in sports. To date, the Center\u2019s efforts to drive cultural change have focused predominantly on establishing and implementing policies (i.e., making sure athletes, coaches, and others involved are aware of the rules), driving accountability, and streamlining reporting strategies to acquire high quality data. The Center\u2019s goal is to ensure that every individual within the movement knows their role with regard to accountability. In this charge, the Center has found that when leaders are part of an organization\u2019s efforts to address culture change, those organizations demonstrate better outcomes. In, Ms. Col\u1f79n\u2019s words, \u201cwhen there are strong leaders within their own gyms, they are starting to see more systemic change. They are better able to hold people accountable.\u201d With over 3,000 reports of abuses, streamlining reporting is necessary to allow effective oversight by the Center. Minor Athlete Abuse Prevention Policies (MAAPP) The Center discovered that, even though many sports organizations were interacting with young people regularly, not all of them had policies in place to govern appropriate behavior and provide safety. Additionally, there were no uniform policies consistent across organizations. In response, the Center used the federal statute (i.e., Protecting Young Victims from Sexual Abuse and SafeSport Authorization Act of 2017) to inform the creation of the MAAPP, which provides uniformity in the rules for every organization within the Olympic and Paralympic Movement. Ms. Col\u1f79n noted that the biggest challenge in drafting these policies related to one-on-one interactions, which is where risk for youth victimization was highest. The stipulates that NGBs are required to implement specific policies including education, training, and prevention. The prevention policies must address the following topics: (i) one-on-one interactions; (ii) massages and rubdowns/athletic training modalities; (iii) locker room and changing areas; (iv) social media and electronic communications; (v) local travel; and (vi) team travel. The Center\u2019s next endeavor is to determine how to best work with the NGBs to ensure that the policies, along with accountability measures, are effectively operationalized. As enforcement of and familiarity with the increases, the Center anticipates that the reporting of sexual misconduct will continue to increase. Education Ms. Col\u1f79n de scribed educating constituents as a central component of achieving accountability. The Center developed online courses so that every coach, physician, athlete, or other person involved with Olympic and Paralympic sport can learn about the dynamics of abuse in sports and how abuse impacts young people. The initial course, which takes 90 to 120 minutes to complete, is designed to help constituents identify red flags, understand appropriate touching, distinguish 13 14 the difference between tough coaching and abuse, and understand what actions to take if they witness possible abuse portion of the training focuses on the roles of bystanders reporting abuse, so adults have a better understanding of their role as mandated reporters. The training also addresses barriers to reporting. As the Center developed the core course of training, it determined that customized or tailored trainings were needed for different groups of people. Currently, the Center has ten separate courses available to U.S. Olympic and Paralympic members and participants. While recognizing the length of time it takes to complete the online training imposes\u2014it is the biggest barrier to completion\u2014Ms. Col\u1f79n noted that many constituents have completed the training: the Center has trained more than one million people so far, with a goal of training to train two million. The Center also conducts in-person trainings because those who are interacting with young people, in particular, need in-person, scenario-based training to reduce the high rate of abuse.` Each NGB, therefore, receives at least one in-person training annually. Youth & Parent Courses In 2019, the Center launched five courses designed specifically for youth in sports; although the courses have demonstrated positive outcomes, completion rates so far have been low. The courses are designed to help youth recognize signs of abuse and know where to report it. Many youth have reported back to the Center that the training was effective in increasing their knowledge about abuse and in helping them to identify problematic and abusive behaviors. Many described that they thought their (inappropriate) relationship with their coach had been normal, but after completing the module, they were able to identify the coach\u2019s behavior/relationship as abuse. Despite the promising results of the courses, the lower rate of completion may be attributed to two factors: (a) some NGBs are doing the bare minimum to be in compliance, so they do not consider youth training a necessity; and (b) parental consent is required, which can be an added barrier to completion. Ms. Col\u1f79n explained that the Center is hopeful for more widespread uptake of the courses as its work continues. The Center also recently released a toolkit for parents, and continues to revise strategies to educate parents. Parents are essential in helping their kids recognize abuse, and they are also essential as observer bystanders. Along with their kids, some parents have demonstrated a lack of clarity about appropriate relationships and boundaries between coaches and athletes. For example, some parents were confused about why it would be problematic for their kids to talk to their coaches at midnight. As Ms. Col\u1f79n stated, \u201csome parents still cannot talk about sex with their kids, let alone sex abuse prevention.\u201d Educating parents, then, is an essential component of shifting the culture of abuse in sports. Accountability Individual Accountability After the Center developed and implemented these uniform trainings, reporting of sexual abuse through various reporting mechanisms, including a confidential hotline, increased dramatically. For example, reporting nearly tripled from the end of the fourth quarter in 2017 (n=126 reports) 15 to the end of the first quarter of 2018 (n=374 reports). The types of reports are also starting to change. While the Center still receives reports that are \u201cthe worst of the worst,\u201d it is also starting to get more reports from bystanders and reports of less severe behaviors, such as grooming behavior or behaviors that have not yet risen to the level of abuse. The Center attributes these increased reports to the success of its trainings, and the hope is to ultimately stop abuse before it happens. The Center investigates allegations of abuse and misconduct for any participant within the Olympic and Paralympic movement, regardless of whether the report comes from athletes directly or from bystanders who witness abuse. The Center has the authority to investigate, adjudicate, a nd impose penalties for abuse in youth sports, including imposing lifetime bans from sports participation. The Center also works closely with law enforcement, as mandatory reporters of child abuse. To that end, the Center developed a centralized disciplinary database which has become well-known (and at times contentious). This database, publicly available from the Center\u2019s website, provides information about the adults the Center has suspended or banned from involvement with sports within the Center\u2019s jurisdiction and why. NGBs are required to make sure that they are not including suspended or banned individuals in their business and their activities. Additionally, the Center is encouraging universities to use this list, although it is not yet mandated by the NCAA. Records of past misconduct are visible to NGBs even after a suspension has ended. The Center does not give investigative information for background checks on individuals, but instead publicly shares the database online for informational purposes only. Ms. Col\u1f79n also acknowledged the potential for retaliation by perpetrators, though the SafeSport code explains that retaliating and making false allegations are violations. Ms. Col\u1f79n noted that the Center is still grappling with how to sanction/discipline individuals, and how to work more closely with universities. The biggest obstacle with universities, from the Center\u2019s perspective, is that the has not issued any mandates outside of their suggested guidelines.9 Ms. Col\u1f79n pointed out that not having mandates is problematic for many reasons. As one example, a coach the Center had banned for two years from participating in Olympic sports, started coaching at a top-ten collegiate program, during his suspension. The university had no obligation to check the Center\u2019s database to see if the coach was listed, enabling his active collegiate coaching despite the ban from the Center. The Center also works on survivor support and recovery. The Center has responsibility for advising on the reporting process and referring individuals to mental health and support services. The Center also offers the option of making anonymous reports. Organizational Accountability Ms. Col\u1f79n explained that the ability of NGBs to implement the new compliance requirements has varied across the organizations. To address challenges with implementation and promote 9 Ms. Col\u1f79n reported that, after her presentation, the issued a policy for annual disclosure of any acts of violence resulting in an investigation or discipline through a Title proceeding or criminal conviction. 16 organizational accountability, the Center created a team that was designed specifically to help NGBs with compliance. Each was assigned its own staff person to help them with implementation, compliance, support for corrective actions, and preparation for the 2020 audit. Starting in 2019, the Center began conducting annual audits10 of each NGB. For each of the 51 NGBs, the Center evaluates whether the had prevention policies in place and whether it trained all of the proper people. Of the organizations that passed their audit, 78% had their or executive team involved with these culture change efforts. Conversely, when these change efforts were delegated to someone else, NGBs struggled. This result highlighted for the Center the critical importance of leveraging leadership to drive cultural and institutional change. Next Steps Ms. Col\u1f79n identified several \u201cnext step\u201d priorities for the Center. It plans to focus on refining safety policies and incorporating the lessons learned over the past three years. Additionally, it intends to train two million people in 2020, conduct in-person audits, and enhance communication and awareness with athletes. The Center is still building relationships with athletes to make sure they trust the Center to handle allegations of abuse. The Center is also trying to identify leaders at the level, and a newly created athlete\u2019s advisory team will be meeting soon for the first time. This group will be \u201cchampions\u201d to carry the message forward. Additionally, the Center is starting an athlete safety course, so each person in charge of their organization will be qualified to speak knowledgably to their boards and leadership. Dr. Patricia Harned Dr. Harned, the Chief Executive Officer at Ethics and Compliance Initiative (ECI), presented regarding enhancing a culture of awareness and compliance from both an institutional perspective and a leadership and management perspective. She focused her discussion on how institutions can create an environment in which individuals are willing to report sexual misconduct works with individual organizations and industries to help them create and sustain cultures of integrity. Its work involves extensive research to identify and improve best practices. To this end frequently conducts cultural assessments, often in the aftermath of incidents of misconduct. The organization is also a membership association for ethics and compliance practitioners across a wide range of sectors and industries is well-known for its Global Business Ethics Survey\u2014formerly called the National Business Ethics Survey\u2014that it developed to evaluate workplace conduct from employee perspectives. 10 Previous audits have been administrative, but this year the Center was planning to do on-site audits during games and competitions to determine how well the NGBs were implementing them. This is on hold due to COVID-19. 17 This longitudinal, cross-sectional survey has been implemented fourteen times over twenty-five years and includes data from eighteen countries. The survey is designed to understand: (i) how employees view their organizations, (ii) what drives their perceptions of compliance, and (iii) how employees respond when they observe some sort of wrongdoing. According to Dr. Harned, the biggest limitation in ECI\u2019s research is that while the survey asked people whether they had, \u201cobserved any compliance problems\u201d in the past twelve month, the survey did not ask whether they had experienced or perpetrated a compliance problem. With that said, however, in a recently developed survey for Hollywood asked people for the first time whether they had been a victim of abuse, assault, or discrimination. In future surveys plans to change their methodology depending on what the organization they are working with wants to address. The second major limitation Dr. Harned reported was that did not include an item in the survey that asked whether the survey respondent had observed sexual assault. The likelihood that people have observed it is low, and it is not a category that organizations tend to identify as a critical issue. The survey did ask about observation of other serious behaviors (e.g., abuse and intimidation by a person in power, prevalence of sexual harassment, prevalence of discrimination in the workplace). Dr. Harned the set out some of the important findings from the Global Business Ethics Survey: Abusive/intimidating behavior is the number one problematic behavior people observe in the workplace. Approximately 35% of people who observed abusive or intimidating behavior reported it, and of those who reported, 40% had experienced retaliation. Dr. Harned also reported that, unfortunately, \u201cthe better the job or ganizations did at getting people to report, the more likely that those people would experience retaliation for doing so.\u201d This finding is consistent with a study conducted by another organization, which was one of the most comprehensive workforce studies regarding sexual assault. That study similarly found that retaliation increased in parallel with an increase in sexual assault reporting. The nature of retaliation tended to be social in nature: people who reported were excluded from group experiences or they were given the cold shoulder\u2014both of which are difficult behaviors to substantiate. Other types of retaliation included: job loss, denial of promotions, and physical harm (though this last was the least common). With regard to frequency of behaviors found that very often people observe such wrongdoing more than once. In an university environment, staff, or administrators, and to some degree faculty members, will observe abusive behavior happening multiple times before they report it. That is part of the process of coming to terms with what is happening. Factors that Influence Speaking Up Dr. Harned explained that most people ask themselves the same questions when making the decision about whether to report misconduct. Most adults already have a strong sense of right and wrong, so they do not tend to struggle with whether a behavior is a violation (despite organizations spending a lot of time and resources on educating employees about this). Dr. Harned reports that know ing what to do about it is where the issue lies. When people observe misconduct, they may ask, \u201cCan make a difference if come forward?\u201d It is not uncommon to hear people saying, \u201cHe was a powerful guy just figured it was pointless to come forward.\u201d However, if people do believe that they can make a difference, they are 32% more likely to make a report. Some companies will use this information to develop campaigns to help employees build confidence and trust that their report can make a difference. The more that people hear that message (i.e., if you come forward, it will make a difference), the more likely they will report misconduct. 18 The second question people may ask themselves is, \u201cWho can rely on for help?\u201d What supports are available if they come forward? If someone believes that there will be a support network that will help, they are 40% more likely to come forward to report a problem. Even if the university is not providing that support themselves (e.g., if they are partnering), knowing that there is a place to go for support is really helpful. The third question is, \u201cWill someone respond if come forward?\u201d Will there be procedural justice? People do not have to know the whole process, but the more transparent the process is, prior to someone having to come forward or at the time of reporting\u2014people can understand what will happen with the process\u2014the more likely they are to have a better experience and to come forward. The fourth question is, \u201cAm going to be protected?\u201d Am going to experience retaliation? The number one and two reasons that people come forward are also the top two reasons that they do not. Dr. Harned referenced an organization that has established best practices with regard to preventing retaliation. When a person makes a report within that organization, staff in the ethics and compliance office (ECO) will periodically check in with the reporter to see if they need any support and to see if they have experienced retaliation. The will also examine performance reviews and other relevant documentation to see if the reporter could be experiencing retaliation. These steps are valuable because many people will not report retaliation themselves has observed distinct patterns among reporters. People who make a formal report are more likely to go to someone in a more senior position and someone they know (e.g., a supervisor). The only variation in this trend is when the supervisor is the one doing the harm. In 92% of cases, reports are made to someone internal to the organization. Most organizations rely on anonymous hotline reports, but the vast majority of people who make reports do not do so through a hotline. In 95% of cases, the first reports are made to someone known to the reporter, and only 5% of reports of wrongdoing come through a hotline. In some instances, victims eventually may go to the media, an attempt that is made when they feel as though nothing happened. The ability to respond, to respond quickly, and to keep people informed is very important. Dr. Harned explained that individuals who receive reports should be educated about the company\u2019s process and should be equipped to provide support to the reporter. That initial conversation is vitally important; whether or not a person can \u201chandle that conversation well\u201d will affect the culture and the ability of an organization to receive additional reports in the future. Given the critical importance of the initial response from the person receiving the report, some organizations develop and distribute \u201ccheat sheets\u201d for every employee who is in a supervisory 19 role. The cheat sheets contain information about appropriate, step-by-step ways to respond when an employee comes forward to report wrongdoing. For example, the cheat sheet might answer questions such as: What is the first thing you should say? What are the questions that would be appropriate (or not appropriate) to ask? What is an appropriate way to ask questions? What are appropriate resources for this person? Dr. Harned stated that the more you can equip people with a script, the more likely they are to use it. It was noted by a Task Force member, however, that this preparation should include more than the mere distribution of a cheat sheet. Without accompanying training and guidance, people will not develop the knowledge and self-efficacy to respond appropriately, even with access to a cheat sheet. People are remarkably aware of what happens to others if they come forward to report, so it is critical that supervisors be well- prepared to respond appropriately to reports of wrongdoing. Stronger Cultures = Better Outcomes Although Ethics and Compliance programs (including Title IX) provide rules, regulations, and compliance mandates, it is the culture of an organization that influences constituents\u2019 behaviors. Training is helpful for raising awareness and educating people about what is appropriate, but education alone has limitations. Training does not change the conduct of perpetrators and does not affect whether people report. Rather, reporting is shaped by the culture of an organization. Dr. Harned stated, \u201cCulture trumps compliance all the time.\u201d Results from ECI\u2019s research show that the stronger the culture of the organization, the more likely people will have positive behaviors in the organization. Additionally, the stronger the culture, the less likely that discrimination will happen. Drivers of Culture Culture is driven primarily by senior administrators and the people who are in positions of authority (e.g., immediate supervisors has examined certain behaviors among senior administrators and supervisors (hereafter senior leaders) and found that if senior leaders adopt four key behaviors, the amount of wrongdoing in the organization will decline and employees are more likely to say they work in a strong culture. The first behavior for senior leaders is integrating the importance of ethical conduct into everyday conversation. Senior leaders should frequently talk about doing the right thing, driving continuous learning when it comes to ethics and compliance, and performing with integrity. Second, senior leaders should model ethical conduct. Third, senior leaders need to hold those who violate conduct policies accountable for their behavior. Fourth, senior leaders should provide support to any employee who raises concerns. Employees\u2019 beliefs about top management\u2019s ethics-related actions are shaped by: personal experiences and interactions, the way top managers handle crises, and company policies and procedures. To further illustrate the potential impact of senior leaders on the culture within the workplace, Dr. Harned shared some notable statistics: \uf0b7 57% of employees report wrongdoing to a manager or immediate supervisor. This underscores the important role of organizational leaders in the reporting process. One way that organizations have promoted reporting is to conduct \u201ccore values\u201d trainings. The trainings seek to help people in authority think about common scenarios and situations that occur in the workplace to think about what the \u201cright thing\u201d to do would look like and how it aligns with organizational values. In these scenario-based exercises, the person in authority says to their supervisee, \u201cDo you think this could happen here would hope that you would report to me, and here are some resources, etc.\u201d With this strategy, a person is twice taught\u2014first as a participant, and then as they teach it to their supervisees. This opportunity is powerful and transformational. Having scripts and conversation starters for managers also helps a great deal. The least effective thing for most organizations is online training, which is typically not that effective. Nonetheless, if the program is similar to SafeSport \u2013 if it is really well-designed, 20 \uf0b7 When senior leaders display ethics-related actions (e.g., engage in ethical behavior, discuss the importance of ethics and integrity, etc.), employees are 38% more likely to report. \uf0b7 When managers display ethics-related actions, employees are 32% more likely to report. Ethics and Compliance Program Quality and Stronger Cultures Establishing ethics and compliance programs has been shown to be a helpful strategy for strengthening organizational culture. Not surprisingly, the higher the quality of the ethics and compliance (E&C) program, the better the outcomes tend to be. Critical compliance program elements include code (or other written standards) of conduct \uf0b7 High-level oversight \uf0b7 An anonymous helpline \uf0b7 Training (employees and leaders/managers) \uf0b7 Performance goals for leaders To maximize the impact of an office, Dr. Harned explained the utility of a campaign that can help people understand the role of the office. Using surveys to gather institution- specific data tends to help to establish buy-in from faculty and executive leadership, particularly within higher education settings. In the industry, there is a movement afoot to have institutions adopt a framework that includes principles and practices that define a high-quality ethics and compliance program. The five principles of a high-quality program include: i) Ethics and compliance is central to business strategy. ii) Ethics and compliance risks are owned, managed, and mitigated. iii) Leaders at all levels across the organization build and sustain a culture of integrity. iv) The organization protects, values, and encourages the reporting of concerns and suspected wrongdoing. v) The organization takes action and holds itself accountable when wrongdoing occurs. 21 engaging, and people take it seriously, it can be effective. Some of the off-the-shelf trainings do not necessarily have a big impact. Dr. Harned shared that when retaliation occurs, it usually happens very quickly after someone reports. Unfortunately, the process of investigating reports takes weeks, and by then the retaliation damage is done. Thus, one of the emerging best practices is to ensure that reporters are told at the time they make their report about what the institution considers to be retaliation and told that they should pay attention to whether they are experiencing such behavior. Those who make reports should be aware that retaliation is a possibility. While it is essential that organizations care and support survivors, some organizations go too far and cause harm through their support efforts, for example by pulling them out of their job, isolating them, or putting them in a different work group. Ironically, these actions can all be seen as a form of retaliation. Thus, there is a delicate balance between trying to support the person making the report and not going so far that the supportive action itself is perceived as retaliation. Ms. Sage Carson Sage Carson is the manager of Know Your IX. Founded in 2013 as a survivor- and youth-led project under Advocates for Youth, Know Your is a non-profit organization that \u201caims to empower students to end sexual and dating violence in their schools.\u201d11 Know Your affirms and actively supports survivors. Survivor needs are at the forefront of everything they do. Ms. Carson presented to the Task Force about policy recommendations for institutions of higher education, with emphasis on equity and strengthening support and recovery for survivors. She offered four primary policy recommendations: campus transparency, accessible resources, safe and confidential reporting, and fair disciplinary procedures. Campus Transparency Know Your recommends several strategies for institutions to promote campus transparency. First, institutions should implement annual climate surveys and should disseminate the results of the surveys. Results from these annual climate surveys are useful both for survivors, who can use the information to make decisions about whether to report their own experiences, and also for institutions to gauge whether they are meeting the needs of students or whether services need to adjust to better meet survivor needs. Ms. Carson explained that before survivors can make a decision to report sexual misconduct, they need access to information about how their institution has responded to students who have previously made such reports. Results from an annual climate survey can provide information about how the university responded to previous survivors, including what support they received, how timely the processes were, and what costs or impact survivors experienced as a result of accessing services and/or making a report of sexual misconduct. 11 11 Know Your IX. (n.d.). Learn about Know Your IX. o o o 22 Results of an annual climate survey are also needed to assess the institution\u2019s ability to meet the needs of all student survivors. Any student\u2014regardless of gender, sexuality, race, ethnicity, national origin, ability, class, etc.\u2014can be a survivor of sexual misconduct, and institutions should be meeting the needs of all survivors. Annual climate surveys can help to determine areas of success and areas for improvement. For example, one institution that conducted a campus climate survey determined that some deaf students could not get access to an interpreter for several days, a delay that may have deterred students from returning and prevented them from receiving necessary support services. Campuses should also be transparent about their disciplinary process by publishing anonymized and aggregated data about gender-based violence on an annual basis. This information should include: \uf0b7 The number of reported instances of sexual violence just Clery data). \uf0b7 The type of process used to resolve each report of sexual misconduct. This includes the informal process, formal process, and information for those who only want support resources, such as counseling services. This information should also indicate whether schools are forcing students to engage in mediation when they do not want to. \uf0b7 The number of cases that were investigated through the disciplinary process. \uf0b7 The number of cases in which accommodations were requested, granted, modified, and/or denied. \uf0b7 The number of respondents who were found responsible or not responsible for sexual misconduct, the sanctions that were imposed, and the reasons given for the outcome decision. With this information, students can gauge whether it is likely that a perpetrator will be held accountable if they were to make a report. For example, if an institution received 277 complaints, yet only two students were held accountable or received any sanctions, this information may help a student decide whether reporting will impact the perpetrator. At the same time, a Task Force member pointed out that these data should be contextualized so that a survivor is not inadvertently discouraged from reporting when it could be helpful. \uf0b7 Disciplinary process data The number of students who experience any of the following after reporting gender violence: \uf0a7 Withdrawal from class \uf0a7 Placement on academic probation \uf0a7 Voluntary or medical leave from school \uf0a7 Transfer or withdrawal from school The number of cases that resulted in appeal The length of each case from time of the initial report to end of case Accessible Resources Know Your recommends institutions have accessible resources for student survivors. These resources should include: (i) making reasonable accommodations for survivors; (ii) issuing no- contact orders; (iii) facilitating access to orders of protection; (iv) providing access to mental 23 health services; (v) providing student loan counseling; (vi) reviewing disciplinary actions to determine whether a complainant may have been unfairly disciplined as a result of their complaint. Reasonable accommodations Institutions should issue reasonable accommodations and intermediate measures for student survivors. These accommodations could include, for example, housing/residential support, campus escorts, tutoring, transportation arrangement, and campus employment accommodations. Accommodations and intermediate measures for student survivors, however, should not violate the student\u2019s other civil rights (e.g., gender neutral housing, disability accommodations). The accommodations should be inclusive of all of the student\u2019s needs. No contact orders When a respondent is a member of the campus community, institutions should issue a \u201cno contact order.\u201d This order should stipulate that continued contact with a victim constitutes a violation of school policy. Access to orders of protection Institutions should facilitate access to orders of protection or equivalent protective orders. Assistance should include connecting an individual to victim services providers and arranging any necessary transportation to court at no cost to the victim. Individuals should not be penalized for missing class, work, or other obligations in order to attend the protective order hearings. Mental health services Institutions should ensure that victims have access to mental health services at no cost to the survivor, and to other reasonable disability accommodations required by relevant federal and state law, including Section 504 and Title of the Americans with Disabilities Act. Student loan counseling Schools should provide student loan counseling for student survivors who are considering temporary withdrawal, permanent withdrawal, or half-time enrollment. Since a change in enrollment status can have a substantial impact on student loans, and institutions should help survivors make informed decisions. Disciplinary action Schools should review any disciplinary actions taken against the complainant to see if there is a causal connection between the sexual violence and the misconduct that may have resulted in the complainant being disciplined. Safe and Confidential Reporting Ms. Carson recommended that safe and confidential reporting should exist for all students. It is essential that students know when they can report, where to go to report, and what is going to happen once they make a report. Institutions should adopt an explicit amnesty policy as part of 24 their code of conduct. Know Your also recommends appointing sexual assault response coordinators to whom survivors can turn to for support and help accessing services without triggering an investigation by the school or law enforcement. Providing this service is essential so survivors can choose the best avenue for them. She further recommended that institutions create and disseminate written copies of rules, procedures, and policies including how to: \uf0b7 Receive confidential resources \uf0b7 Report an incident confidentially to college or university officials who are not mandated reporters \uf0b7 Anonymously disclose an incident to school officials, including the use of online mechanisms \uf0b7 Make a report to a school employee with the authority to address complaints Fair Disciplinary Process Ms. Carson contended that to achieve fair processes, the preponderance of the evidence standard should be used in all campus adjudication processes. Prompt and equitable hearings on sexual misconduct should be implemented. While Know Your is oriented in a survivor perspective, the organization is also deeply concerned about fair process. In Ms. Carson\u2019s words, \u201cif a process is not fair to one person, it is not fair to anyone.\u201d To ensure such fairness, Your recommends that schools be required to audit their gender-based misconduct policies every two years. Additionally, Ms. Carson discussed several ideas described below, including a Student Survivors\u2019 Bill of Rights, Courageous Institutions, opposition to certain policies and various concerns about mandatory reporting. Student Survivors\u2019 Bill of Rights Ms. Carson suggested that institutional adoption and implementation of a Student Survivors\u2019 Bill of Rights is an important mechanism for sustainable support and recovery for survivors. The bill of rights that she described included six points. Students should have the right to: i) Receive from the institution reasonable accommodations at no cost. ii) Be free from the suggestion by any school employee that a survivor is at fault for an incident of gender-based violence or that a survivor should have acted in a different way. iii) Describe the incident to as few individuals as practical. iv) Choose to submit evidence during the fact-finding stage. v) Cease to participate in a campus disciplinary proceeding at any time. vi) Be protected from retaliation by the institution and to have the institution take all reasonable steps to prevent retaliation by any student, the accused and/or the respondent, and/or their friends, family, or others. With regard to the last of these, Ms. Carson reported that Know Your has observed an increase in retaliation, particularly among international graduate students and graduate students who rely on funding (though she emphasized retaliation occurs against faculty and staff as well 25 as students). She attributed this to the Department of Education\u2019s proposed changes12 to its Title regulations and to Brett Kavanaugh\u2019s senate hearing. Courageous Institutions Ms. Carson reported that Know Your has received countless stories from survivors who report that the aftermath of their victimization was made worse by their institution. For example, one survivor reported that they were told by a university official hope you have learned from your mistake.\u201d From victim-blaming statements such as this, to a lack of institutional response\u2014 institutions are capable of causing additional harm to survivors. This phenomenon is sometimes referred to as institutional betrayal. Know Your seeks to end institutional betrayal. Ms. Carson referenced Jennifer Freyd\u2019s research about institutional courage, and in doing so, Ms. Carson recommended that institutions: i) Comply with civil rights law ii) Respond sensitively to victim disclosure (e.g., no victim blaming, make sure survivors get access to resources, etc.). iii) Bear witness, be accountable, and apologize. iv) Cherish the whistle-blower. They should not be shunned, punished, or pushed out. v) Engage in a self-study that includes reflecting on the institution\u2019s policies and procedures, engaging with survivors, and determining what changes are needed. vi) Conduct anonymous surveys. vii) Ensure that leadership is educated about research on sexual violence and related trauma. viii) Be transparent about data and policy. ix) Use the power of your institution to address the societal problem of sexual violence. x) Commit resources for steps i through ix (e.g., ensure that funding is available, hire the personnel to implement this work). Opposed Policies In addition to the policies it recommends, Know Your also opposes certain policies. Transcript notations, an official note on a perpetrator\u2019s academic transcript indicating the findings of sexual misconduct or that the student left the university during a pending investigation, are the first opposed policy. Know Your opposes transcript notations on the grounds that they may discourage victims from reporting and discourage administrators from opening or adjudicating investigations. Aware of the lasting effect of a transcript notation, administrators may advertently or inadvertently be less likely to find a perpetrator responsible for sexual misconduct. There is also no evidence that transcript notations decrease the likelihood that a perpetrator re-offends, and the transcript notation serves as an indefinite sanction, which Know Your considers inappropriate. 12 At the time of Ms. Carson\u2019s presentation, the final version of pending new Title regulations had not been released. These news Title regulations were released on May 6, 2020, with an effective date of August 14, 2020. 26 Mandatory Reporting and Continuum of Disclosure Ms. Carson noted that most of the recommendations from Know Your that are related to mandatory reporting were specific to people under the age of 17. However, in states where reporting is mandatory even for adults, Ms. Carson recommends that institutions try to provide confidential advocates who would not be mandated to report, but who would be able to issue resources and accommodations and communicate with faculty and staff. In instances of sexual misconduct, survivors typically turn first to their peers. For this reason, Know Your contends that institutions should consider mass education for their student bodies about available resources for survivors so that survivor will be likely to get that support information when they disclose to their peers. This could be especially helpful because students are not likely to read through student codes of conduct or sexual misconduct policies immediately after an assault. With a large institution, having as many touch points of knowledge as possible is important. Rather than focusing on the dichotomy between a student\u2019s anonymity and the student\u2019s ability to access resources, Ms. Carson suggests that institutions focus on determining how much a survivor needs to disclose in order to obtain reasonable accommodations. For example, institutions that have 24-hour hotlines available are able to help students decide what to do. The hotline can connect callers with medical support, Title information, and so forth. Know Your recommends an advocate hotline exclusively for the institution, not just city-wide or state- wide hotlines. Institutions may sometimes grapple with a tension between stopping perpetrators and the discomfort or the cost of prosecution to the survivors who are brave enough to come forward. Rather than trying to balance this tension, Ms. Carson recommended that institutions place survivors at the center of their focus. In her words, \u201cif the way we are functioning within Title IX\u2014if we are only looking at stopping perpetrators, we are doing it wrong.\u201d Title puts survivors at the center. With Title IX, institutions should ask: What does someone need in order to stay in school? How do we make accommodations for survivors? How do we meet the needs of survivors? That is the best place to work from\u2014looking at the person harmed and trying to help them move forward. Professor Cantalupo encourages institutions to adopt a public health model when thinking about prevention. Institutional action is often divided into \u201cprevention\u201d on the one hand, and \u201cresponse\u201d on the other hand, but all action is prevention. Under a public health model of prevention there are three parts; Primary prevention includes traditional educational programs (e.g., bystander education) to stop violence before it starts. Secondary prevention includes actions taken im mediately after violence or harassment occurs, a nd is often very focused on providing support to the survivor. Tertiary prevention encompasses long term efforts, such as 27 Roundtable 2 \u2013 April 13 The roundtable discussion on April 13, 2020 included presentations from Professor Nancy Chi Cantalupo and Dr. Anne DePrince. Professor Cantalupo addressed the topic of identifying best practices focused on assisting reporting and developing pathways to action, and Dr. DePrince focused on the topic of identifying best practices regarding sustainable mechanisms for survivor support and recovery. Several themes emerged from the presentations and discussions. First, discussion throughout the day focused on the value of using comprehensive approaches to campus violence prevention through application of a public health approach to prevention and the integration of Coordinated Community Response Teams (CCRTs). Second, discussion highlighted the importance of expanding reporting options and resources for survivors as a critical area for institutional action. These tools serve as a direct method for addressing violence prevention, and they serve as an important support mechanism for survivors, which, like all successful survivor support, also supports prevention, as survivors are crucial allies in prevention. Third, in addition to increasing reporting, institutions need to prioritize training for all individuals on campus who could potentially receive a disclosure final prominent theme of this roundtable discussion was the crucial role of strong leadership within the institution. Executive-level administration must engage beyond setting mandates to achieve the buy-in and cultural change across all levels of an organization for institutional action to be effective detailed summary of the presentations and discussion follows. Professor Nancy Chi Cantalupo Nancy Chi Cantalupo is an assistant professor of Law at Barry University. Her expertise centers on the use of law to combat discriminatory violence, with a particular focus on gender-based violence. More specifically, her work focuses on using law and policy as a way to establish incentives for individual campuses to engage in appropriate institutional action to end sexual misconduct. She asserts that institutional action that (i) addresses university culture and (ii) occurs at all levels of the institution (i.e., including the president\u2019s office) is the only strategy that will end sexual harassment, provided that the institutional action is \u201cwise and non-sexist.\u201d She presented to the Task Force about identifying best practices focused on assisting reporting and developing pathways to action. Public Health Model 28 disciplinary policies and procedures, sanctions, and other relevant institutional policies addressing sexual misconduct, directed at decreasing victimization and revictimization comprehensive approach to prevention is supported by law through Title and the Clery Act, as amended by the Violence Against Women Act, and all campuses should have multiple strategies for engaging in all three methods of prevention. Enhanced Reporting Professor Cantalupo emphasized the importance of improving sexual misconduct reporting, and highlighted two strategies for institutions to consider: Partnership Perspective First, institutions should move beyond a compliance-only perspective (particularly as it relates to secondary prevention), and shift to a partnership perspective on violence prevention. In a compliance-based perspective, prevention efforts are framed as the institution providing help to survivors partnership perspective, though, positions the survivor as a partner in the prevention efforts. To mobilize this partnership, institutional support for the survivor can serve as an incentive for survivors to engage in the partnership, and universities should consider other ways to incentivize survivors to come forward. It is critical to provide survivors with the help that they need so that they can be involved in any manner that they are comfortable with during university investigative and disciplinary processes. Sensitivity to the diverse needs of survivors helps to create an atmosphere where survivors are allies in prevention efforts. Reporting Systems Second, reporting systems need to expand reporting options for survivors. Given the large number and diversity of survivors, a one-size-fits-all approach to reporting is not sufficient. No single reporting option is going to meet the needs of all survivors. So, the more reporting options available, the better. Professor Cantalupo identified a handful of strategies to enhance and diversify reporting systems on college campuses, including dual-path reporting systems, app- based reporting options through Project Callisto, law enforcement efforts, and campus climate surveys. The first strategy she discussed was dual-path reporting systems whereby all survivors have an option to pursue a confidential or a non-confidential path. Both paths provide survivors with access to resources, but the confidential path allows for resource accessibility without having to name the perpetrator(s), while the non-confidential path allows investigative efforts. With this system, survivors can shift paths along the way; those who initially pursued the confidential path can later decide to pursue the non-confidential path. This dual-path reporting system is modelled on the military\u2019s reporting system, which has analogous restrictive and non-restrictive reporting options. Professor Cantalupo noted that The White House Task Force to Protect Students from Sexual Assault, for which she was a consultant, underscored the importance of expanding options for reporting sexual misconduct. The Task Force convened after the 2011 Dear Colleague Letter (DCL), issued by the U.S. Department of Education\u2019s Office of Civil Rights, which turned all 29 \u201cresponsible employees\u201d and anyone who students could reasonably believe have authority to address sexual misconduct into mandatory reporters, actually led to decreased rates of reporting. Universal mandatory reporting tends to \u201cchill\u201d victims from coming forward. Consequently, in their 2017 report,13 the White House Task Force issued guidance for institutions to expand reporting options for survivors in an effort to combat reduced reporting. President Trump\u2019s administration, rescinded the guidance put forth by the Office of Civil Rights\u2019 DCL, but using a method like confidential and non-confidential dual-path reporting is still the recommended best practice for universities. Increasing reporting options is not only a big advantage for advancing recovery and support for survivors, but Professor Cantalupo said that there is empirical data suggesting that increased reporting options correspond with increased reporting from survivors. Professor Cantalupo referred to a study that suggests, in the military context, that many victims\u2014and an increasing number of survivors over time\u2014have chosen to switch from the restrictive path to a non- restrictive path. If the goal is finding and disciplining perpetrators, that study suggests that dual reporting options are helpful in non-restrictive reporting efforts, because a significant number of restrictive reporters who would not report at all without the restrictive option, over time switch from restrictive to non-restrictive reporting. Another strategy for expanding reporting options is Project Callisto, a software program (i.e., app) that universities can purchase. Project Callisto uses similar technology as the dating and networking app Tinder survivor who has access to the app can enter information about what happened\u2014including the name of the perpetrator. The information is stored in escrow, but the survivor can set up various conditions under which the information would be released to the institution\u2019s Title coordinator. One of these common conditions is repeat perpetration, so the information would only stay in escrow until another person identified the same perpetrator in their report on the app or included some other information that qualifies as a reason to send both students\u2019 reports to the Title coordinator. Professor Cantalupo\u2019s understanding is that Project Callisto discovered that there were also therapeutic benefits to the app that did not have anything to do with the identification of repeat perpetrators, which was the primary goal of developing the software. Merely entering the information into the app led to positive therapeutic outcomes, as Callisto found users were three times more likely to seek out medical and emotional services. Efforts from law enforcement can also affect reporting. For considering best practices in the context of law enforcement, Professor Cantalupo recommends a survivor-centered law enforcement program called \u201cYou Have Options\u201d employed by the Ashland, Oregon Police Department. This program \u201cestablishes uniform law enforcement options for sexual assault reporting and best practice law enforcement strategies to assist in the identification and 13 %20College%20Presidents 30 documentation of sexual offenders for You Have Options Program Participating Law Enforcement Agencies.\u201d 14 Campus climate surveys are another method of enhancing reporting. They gather information from survivors about their campus experiences without putting the survivor \u201con the spot.\u201d If the survivor did not report via other options, a campus climate survey provides another opportunity to share information about what they experienced. The institution can use these data to determine the scope and dynamics of sexual misconduct on campus, which can inform their efforts moving forward. Coordinated Community Response Teams Professor Cantalupo also recommends that institutions implement a Coordinated Community Response Team (CCRT), which she named as a best practice and a comprehensive approach related to reporting a nd pathways to action. CCRTs (e.g., working groups, standing committees) refer to any collection of important stakeholders on and around campus. Both \u201ctown\u201d and \u201cgown\u201d groups are represented on the because a wide, diverse range of stakeholders is critical. Mobilizing a multitude of stakeholders not only adds diverse perspectives but also helps to make the work more manageable (with too few people working on the issue of gender-based violence (GBV), those involved quickly get overwhelmed). Institutions must also specifically include survivors and faculty members on their CCRTs. CCRTs are important because they incorporate the entire community and require community buy-in to address all levels of intervention and prevention\u2013whether that is service delivery, policy development, or policy implementation. The importance of CCRTs is so critical that the Office of Violence Against Women (OVAW) will not provide funding to any program that does not have a CCRT. CCRTs are particularly useful for policy development. Some institutions have copied and pasted policies from other universities, a problematic practice for many reasons, but especially with regard to policy implementation. Institutions need to develop their own policies that are functional and feasible for their campus specifically. Dr. Chris Gidycz raised some concerns about certain tendencies among CCRTs, namely the lack of continuity and sustainability. She explained that, from her 20+ years of experience with CCRTs, committee productivity tends to stagnate for one or more reasons\u2014people tire of being on the committee, new regulations are handed down from the President\u2019s Office that restrain the committee\u2019s work, or there is little oversight from higher administration. Dr. Gidycz pointed out that when higher administration does not get adequately involved, and when they are not a big enough part of the CCRTs to ensure some continuity, much of the hard work does not ever come to fruition. Professor Cantalupo agreed that the effectiveness of a can be influenced by many varying factors, including whether the President\u2019s Office is involved. She stated that to be successful with violence prevention efforts, institutions should not only form a but also bring in consultants to structure and launch the CCRT. She also asserted that the m ost successful CCRTs 14 City of Ashland. (2020). The You Have Options Program. 31 are those with a direct line to the President, or at the very least, to the Provost. The needs to be a standing committee and needs to have at least one co-chair who will be a stable force\u2014 somebody who is secure in their own position and is likely to be at the institution for a long time (e.g., tenured faculty, ideally full professors). Culture and Retaliation Many people talk about discipline and investigation as somehow separate from prevention, but they are not. If an institution sends a message that reports will be taken seriously, that retaliation will be taken seriously, and that harassers will not be protected, they can advance violence prevention on their campus. It may be difficult to prioritize these efforts because it feels a bit like you are \u201cputting the horse before the cart.\u201d However, when any instance of retaliation is tolerated, it is because there is a culture in the institution that is accepting of retaliation. Interventions must address institutional culture \u2013 those interventions that fail to improve institutional culture will not be successful in reducing violence. When thinking about minimizing retaliation, institutions should think beyond just addressing the problem of retaliation and think more about changing the campus culture. To achieve a culture that does not accept harassment, the issue of should be addressed from multiple angles. Part of campus culture change includes hiring practices. For example, there should be more gender balance among faculty and staff in academic departments. Faculty hires should include at least some individuals with expertise in gender-based violence. Changing the culture will also make the culture less appealing to people doing the harassing because the environment will no longer support or tolerate harassment or retaliation survivor on the Task Force, Mike Avery, responded to this topic stating, \u201cIn my situation, decades ago never felt comfortable to say anything to anyone. And then you add the power element. This guy has the power to say yay or nay. It was too much of a risk [to report the abuse felt like had way more to lose. You have to be comfortable that there is a system in place. If it is not, it is going to be very difficult to come forward.\u201d With the power differential between faculty (or coaches, doctors, etc.) and students, college students\u2014especially those who are 18 and 19 years old\u2014are particularly vulnerable. Professor Cantalupo referenced the Me Too movement to illustrate the possibility of gathering survivors into \u201ca little army\u201d to draw attention to serial harassers. There is greater chance of effectiveness when a group of people come together. The challenge is coming up with methods to allow those survivors to identify each other and be able to work together. Dr. Anne DePrince Dr. Anne DePrince is a professor in the Department of Psychology at the University of Denver. Her research focuses on the consequences of trauma, particularly as it relates to violence against women and children. Her research also examines the social-emotional and cognitive correlates of interpersonal violence in youth and adults and the application of these correlates to intervention and prevention efforts. 32 Dr. DePrince presented to the Task Force about trauma-informed, multidisciplinary approaches to supporting survivors. In her presentation, Dr. DePrince introduced the concept of a trauma- informed approach (TIA), described features of TIAs, and provided empirical examples of outcomes \u201ctrauma-informed\u201d response is often misunderstood as merely providing survivors a compassionate response and emotional support. Although these are important components, they do not themselves constitute a trauma-informed approach. Instead, a trauma-informed approach to supporting survivors refers to responses and efforts that acknowledge the likelihood of trauma symptoms and that address the multitude of ways that trauma may affect survivors. Dr. DePrince discussed the application of TIAs at the individual level, systems level, and in K-12 schools, with each level having distinct features. Because there is less literature available about TIAs at the university level, the K-12 literature can be leveraged for application to higher education settings, though the individual and systems level also have relevant applications to various higher education settings. Dr. DePrince divided the features of TIAs into six categories: prevalence, impacts, empowerment, collaboration, policies/procedures/practices, and relationships. Anyone engaging in violence prevention and support for survivors must recognize the prevalence of trauma within communities. The next two categories, impacts and empowering students, go hand in hand. People often think exclusively about providing emotional support to survivors through therapeutic intervention. Survivors, though, have many needs that span different dimensions, including health, safety, economic well-being, legal needs, education, and more. Consequently, to implement a sustainable from a campus perspective, addressing support and recovery efforts for survivors should include a multi-disciplinary response (i.e., collaboration). Support and recovery cannot be left to the health and counseling centers alone to address multi-disciplinary response requires institutions to consider who else needs to be around the table to develop and implement holistic responses to survivors. Integrating TIAs into policies/procedures/practices means just that: institutions must fully integrate knowledge about trauma into institutional policies, procedures, and practices. Moreover, leadership and staff across institutions should have a shared understanding about how trauma affects learning and necessitates campus-wide approaches. Students\u2019 needs should be addressed in a holistic way so that students feel physically, socially, emotionally, and academically safe. To further illustrate the needs of survivors, Dr. DePrince discussed her work conducting a federal project focused on determining how best to provide holistic support for survivors. As part of the project, survivors\u2019 legal needs were assessed. Dr. DePrince and her colleagues determined that survivors had legal needs in many areas, all of which were unmet. In the campus context, students clearly have many important judicial-related needs (e.g., navigating systems, understanding options and processes, accessing appropriate support services). To highlight the importance and influence of relationships, Dr. DePrince presented findings from her research study called the Women\u2019s Health Project. The primary goal of the study was to identify the social reactions women received upon disclosing sexual assault and the impact on their well-being and criminal justice engagement. The project included a community sample of women (N=228) who had experienced a sexual assault in the last year and reported the assault to 33 someone formal (i.e., someone other than friends and/or family). Participants were interviewed, on average, 157 days after the assault. The participants in the study were diverse in age, race, ethnicity, and sexuality. Over half of the participants were white, and 44% identified as belonging to one or more ethnic or racial minority groups. Participants\u2019 ages ranged from 18 to 62, with an average age of 34.8. The majority (80%) identified as heterosexual, while 20% identified as either lesbian, bisexual, or asexual. Participants were asked multiple questions during the interviews. Researchers asked participants about the kinds of reactions they received when they disclosed their assault to determine whether they were positive or negative. Positive responses included emotional support and tangible aid (helping people get what they need). Negative reactions included responses in which the survivor was treated differently, control was taken away from them, the respondent engaged in victim blame, the respondent was egocentric, or the respondent was distracted. Dr. DePrince and colleagues were interested in determining the kind of reactions survivors received after disclosing an assault and how it affected involvement with law enforcement. Researchers asked women about their experiences with community-based providers. In approximately 60% of the cases, women had reported the assault to law enforcement. Results of the study indicated that reporting to law enforcement was associated with having received more tangible aid from community-based providers. The direction of this correlation was not assessed. However, in a small subsample of women who initially had not reported to law enforcement but reported after some time had passed, there was a correlation between receiving tangible aid and eventually reporting to law enforcement. The researchers concluded it was very likely that receiving tangible aid increased the odds of reporting sexual assault to law enforcement. Having a positive experience with someone in the formal arena seems to \u201copen up multiple doors.\u201d At the time of the first interview, 19% of the participants were students. Among them, 28% reported that their university played a substantial role in their negative post-assault experiences. Some examples of how the institutional response affected the survivors\u2019 experiences included: \uf0b7 Not taking steps to prevent this type of experience. \uf0b7 Creating an environment in which this type of experience seemed common and/or more likely to occur. \uf0b7 Making it difficult to report the experience. \uf0b7 Responding inadequately and/or covering up the experience. Dr. DePrince also referenced research from Dr. Freyd and colleagues who found a link between these negative institutional responses (which they term \u201cinstitutional betrayal\u201d) and poor health outcomes. In the same study, survivors were asked about reactions they got from reporting an assault to friends and family. Responses from family and friends did not predict delayed reporting to a formal source; but when friends and family were perceived to be more helpful, survivors were more likely to report to law enforcement. Given that the response of friends and family can affect decisions to report to law enforcement, institutions should consider the type of education the broader community receives about sexual violence. How can we make it so that we are all aware 34 of the resources in the community, so that a friend can help their friend make a report? From a trauma-informed system and a sustainability perspective, having people well-equipped with information is important so that initial disclosure will lead to something helpful to the survivor. Responding by taking control away from the survivor and/or blaming the survivor is not helpful. Dr. DePrince also acknowledged a potential limitation to their study\u2019s application in the university settings. Most of the women in their study fit the stereotypical images of being the \u201cright kind of victim,\u201d and women are more likely to report and be taken seriously by law enforcement when an assault is stereotypical (e.g., assaulted by a stranger with a weapon present). People who experience an assault that is not stereotypical (e.g., by an acquaintance without armed violence as is often the case in campus assaults) may be less likely to report to law enforcement. The study results about reporting also may have been impacted by survivors\u2019 internalized stereotypes about assault, which in turn may have affected their decision about reporting to law enforcement. To highlight the influence of collaboration when providing a TIA, Dr. DePrince shared findings from the Denver Triage Project. The purpose of this study was to test the impact of a community coordinated response (CCR) to domestic violence (DV) on a victim\u2019s well-being and criminal justice outcomes. As reports of came into the police, the research team randomized women into two groups: an outreach group and a referral group (treatment as usual). The outreach group was considered a community coordinated response in which the survivor received a phone call from a community- based advocate. The type of community-based advocate was determined based on review of reports. For example, if a survivor mentioned they wanted a divorce, then it was a legal advocacy organization that made the outreach call. In the call, the advocate told the survivor (or left a voicemail) that they heard the survivor might need the organization\u2019s services, and that they were available to support the survivor. The referral group received a typical response, which was a system-based advocate that provided referral information for support and recovery services. Results indicated that after one year, the participants who received an outreach phone call from an advocate showed a decline in symptom severity. Participants in the control group (treatment as usual), did not show any reduced severity in symptoms. Additionally, participants in the outreach condition were more likely to have developed plans to leave their abusive situation. Interestingly, both groups accessed the same number of agencies, but the women in the outreach condition perceived the services to be more helpful. Notably, some of the women who received only voicemails never called the agency back, but the call/voicemail still made a difference. Many women said never called that person back, but knew someone cared.\u201d This concern seemed to have a lasting, positive impact on survivor outcomes. Additionally, the phone call helped with a needs assessment\u2014survivors could more quickly articulate what resources they need, even if the call was from a different type of agency. This helped the survivors gain access to the resource they did need. The phone call affirmed what the survivors said, and for those who responded to the call, there was flexibility in terms of resources depending on their needs. Dr. DePrince explained that these results suggest that 35 receiving a single phone call from an advocate can significantly affect survivors\u2019 health outcomes. Next, Dr. DePrince discussed coordination for co-occurring Title and criminal justice investigations, which requires the use of multi-disciplinary teams (MDTs). She suggested that all campuses should have a memorandum of understanding (MOU) with law enforcement to outline procedures for how they would proceed. To illustrate this point, she shared an example from her research in which she and her study team were embedded in an MDT, a workforce charged with developing an MOU. Her team catalogued all of the work that was happening on the workforce, and they conducted key informant interviews with members of the MDT. Her research team participated in 16 workforce meetings of the and transcribed the meetings in real time. Next, they coded the discussions and comments. The results indicated that although the group did focus on the to some degree, the discussed many topics including current procedures, new procedures, problem solving (as issues were coming up), case consultation, information sharing, policy change, and the operational processes. Dr. DePrince indicated that the topics were a moving target from week to week. She understood that they were meant to talk about an MOU, but first they needed to talk about all of those other topics. Unfortunately, a new district attorney was elected, and the group had to shift gears. Discussing new procedures was only a small percentage of their discussions. It was evident that working together was not about establishing new bureaucracy. Members of the were concerned that there was a lot of turnover, yet they perceived this group as essential to doing their work effectively. Participants perceived that the groups were beneficial for establishing networks and collaboration, sharing information and resources, and facilitating productivity. Being physically present to build relationships was also deemed essential. Obstacles associated with the work of the included time constraints, institutional buy-in, attendance consistency/accountability, treading water or stagnating, and dealing with conflicting interests across members. Extrapolating from these outcomes, Dr. DePrince highlighted important considerations for institutions trying to establish sustainable models for MDTs. The importance of institutional buy- in cannot be overstated. Having leadership and supervisors that understand the importance of the work and diverse membership from across the institution are critical delegates should invest time in information-sharing and relationship-building. Agendas for meeting should be well structured, which will facilitate guided progress and focus while ensuring that meetings offer time to be responsive to issues as they emerge in real time. Additionally, there is a critical need for strong facilitator leadership. Strong leadership will help to manage multiple stakeholder needs, onboard new members, and articulate shared goals for the group to ensure that the group\u2019s work continues to move forward. Next, Dr. DePrince reported findings from her work in which she and the research team (Gagnon et al., [in prep]) examined survivor experiences with the criminal justice (CJ) system. Participants were asked several questions: \uf0b7 How would you describe your role in the system? \uf0b7 In what ways have you felt validated, supported, and/or respected by the system? 36 \uf0b7 In what ways have you felt invalidated, not supported, and/or disrespected by the system? Although 83% of women were able to describe the type of role (e.g., big role, no role) they played in the process, almost one in five respondents had no idea about their role in the system. Results from the second question about what made the survivor feel validated and invalidated were two sides of same coin. They felt validated when there was persistent, tenacious communication, but felt invalidated when there were not enough call backs. The survivors reported that they felt validated when they were believed, for example when someone said \u201cthis is not your fault.\u201d They felt invalidated when belief in their experience was not vocalized or expressed. They felt supported when they were given choices throughout the process, and felt unsupported when they did not have opportunities to make choices simple way to convey validation was to offer information and resources. Invalidation occurred through the sheer length of time the process takes, which highlights the importance of explaining to survivors what to expect with involvement. When asked what they would want to tell professionals, they provided the following responses: i) Increase availability of women officers/service providers. ii) Improve training on working with sexual assault victims. Sometimes the way people ask questions seemed inconsistent with what they knew about sexual assault. iii) Improve communication with victims. Although they understand that the process can take a very long time, they wanted folks to keep checking in with them. iv) Provide consistent referrals to resources\u2014survivors wanted to be reminded frequently about the availability of resources. v) Have greater sensitivity to trauma-related responses and greater overall compassion vi) Start by believing them and refraining from making judgments. This should be implicitly and explicitly communicated to the survivor. Following Dr. DePrince\u2019s presentation, discussion continued regarding intersectionality and the ways institutions can provide a supportive environment for all groups of people, particularly given that women of color experience sexual harassment at disproportionate rates. Professor Cantalupo stated that one reason she focuses on sexual violence as a civil rights matter is because sexual harassment and can be racialized for students of color, an additional function of inequality. Sexual violence is both a cause and a consequence of inequality. Professor Cantalupo further explained that discrimination is often separated from harassment and assault, but it is important to see how harassment and assault are forms of discrimination. Women of color deal with racialized sexualized stereotypes that frame them as unchaste or promiscuous, a stereotype overlapping with myths about rape victims that are also centuries old (e.g., if you are chaste, you cannot be raped). Professor Cantalupo pointed out that although we often associate stereotypes with discrimination, there has been little conversation of stereotyping sexual assault victims and how that functions as a form of discrimination. Educational programs need to start recognizing and talking about the role of stereotypes and how these negatively impact our responses to these cases. 37 Dr. DePrince further elaborated by referencing research by Dr. Rebecca Campbell. In the study, police reports were coded to identify the number of times rape myths were mentioned (e.g., the survivor was too emotional, did not fight back, etc.). The prevalence of rape myths in these reports speaks to the need for ongoing education for everyone. Dr. DePrince also recommended Jennifer Gomez\u2019s work related to cultural betrayal trauma theory. When survivors from minority backgrounds were assaulted by a perpetrator of the same minority background, reporting the assault is sometimes seen as a betrayal of their race. When they are perceived to have betrayed their race in this way, survivors experience worse health outcomes. Task Force members continued the discussion by raising concerns about the unique vulnerabilities of graduate students, who have special dependence on advisors and mentors for funding, letters of recommendation, and career development and advancement. The impact of harassment on graduate students is often both economic and psychological. Because of this dependent role, graduate students may not see a way out of the situation, so a common response is to \u201ckeep your head down.\u201d This condition poses questions for academic departments: How are they talking about mentor/mentee relationships? What are they communicating to students as they enter the program? How do they communicate to the students \u201cwho is responsible for [them]?\u201d Dr. Gidycz advocated for institutions to do a better job addressing the continuum of \u201cbad behavior\u201d because bad behaviors tend to escalate into more severe behaviors. Boundary violations should be addressed early on before they escalate, and there needs to be ongoing and concerted discussions about mentoring relationships. Task Force members proposed that departments consider establishing mentoring agreements and have these be a component of a faculty member\u2019s annual review. Some programs have implemented co-advising relationships, so the graduate student is not beholden to one particular faculty member. There have also been efforts from graduate student union organizations to provide legal counsel and support with investigations if a graduate student makes a report of sexual misconduct. In a union, the students have some ability to communicate independently from the institution. Regardless, institutions should continuously educate graduate students about what behaviors from faculty are acceptable and what options are available if they are in an uncomfortable, inappropriate, or abusive situation with a faculty member. Professor Alan Michaels raised a question regarding adjudication of accusations of faculty sexual violations common outcome in which a faculty member is accused of sexual misconduct is for the faculty member to resign or retire. From a survivor\u2019s perspective, it may not be at all apparent that the resignation or retirement was essentially forced by the institution, so it may also seem that there were no repercussions or consequences for the faculty member. Regardless of the standard of proof, most cases of sexual misconduct involving faculty end up in a confidential settlement. Thus, the issues arises whether it is harmful to remove the abuser but not publicly make a record of the reason for the removal and whether creating a survivor-oriented environment necessitates public acknowledgement of the faculty\u2019s wrongdoing. Dr. DePrince shared that, although the lack of transparency about judicial processes can be shocking, explaining this to survivors is incredibly important and goes a long way with them\u2014even if the 38 survivor is told, \u201cthis is a step that we cannot tell you about.\u201d Letting the survivor know this information is an important starting place when explaining the entirety of the process\u2014they will not be shocked to learn that a settlement cannot be made public. Professor Cantalupo also shared a suggestion that in some of these settlement situations, the survivor should be given the option to participate in the negotiation. Although how this would operate as a legal and institutional matter might be complex, in some ways that is precisely what graduate student unions are doing. The person who has been harmed ought to be able to have a say in what appropriate compensation should be. The institution is engaging in the settlement presumably because of obligations under Title for the student survivor, so what the survivor says is important information\u2014they should not be cut out unless they choose to not be involved. Professor Cantalupo further explained that another layer of complexity around faculty investigations and sanctioning is that punishing peers is difficult for faculty members. However, she contended that this may be another reason why it could be helpful to include survivors in the process. Survivors could demand things that would help the faculty/institution to say, \u201clook, we are going to do this\u2014it is what the survivor needs and we are committed to the survivor\u2019s ability to get an equal education.\u201d This frames the sanctions as providing adequate support for students rather than disciplining their peer. Ultimately though, a Task Force member noted, changing the institutional culture around sexual misconduct requires that faculty endorse disciplinary action for their peers who engage in sexual misconduct. To address cases where a large number of students have been abused over a long period of time, Dr. Vince Roscigno proposed that university reporting models may benefit from expanding reporting options to have a more centralized and outside unit that could alleviate concerns about the \u201cinsider-ness\u201d of perpetrators. For example, in an athletic program, a student could report to someone unaffiliated with athletics. Professor Cantalupo suggested that institutions can achieve this centralization by establishing on-campus victim services offices with advocates who are independent of any one academic department. One concern, though, is making sure students understand that the office is outside their department\u2019s chain of command. Whether or not a student survivor makes a university report is likely connected to responses they receive from their family and/or friends. Mike Avery mentioned that when Richard Strauss\u2019 abuse came to light, he had to tell his family about what had happened, which was a very difficult thing to do. Survivors\u2019 decisions to report to the institution are influenced based on the responses and reactions they receive after reporting to family and friends. Dr. DePrince further elaborated that unhelpful and harmful responses from friends and family are not only damaging to the survivor, but these types of responses also take away agency from the survivor by making them feel as if they need to protect their family or help their family with their emotions. This relates to a larger societal context about how we respond to sexual assault and abuse. People generally do not know how to do that well, which speaks to a need for much larger interventions and education strategies for everyone. 39 Roundtable 3 \u2013 April 20 The roundtable discussion on April 20, 2020 included presentations from Dr. Frank Dobbin, Dr. Donald Tomaskovic-Devey, and Ms. Katherine Lasher. Dr. Dobbin focused on strategies to improve sexual harassment policies, training, and grievance procedures. Dr. Tomaskovic-Devey focused on institutional strategies to improve workplace climate and to prevent a culture of sexual harassment, including strategies to improve institutional responses to sexual harassment complaints. Ms. Lasher focused on the Title implications for reporting and responding to sexual misconduct, and she discussed strategies for leveraging these federal regulations to develop and promote responses that are equitable, fair, and just. Several themes emerged from the presentations and discussions. First, a point that came up in all three roundtables was emphasized here: power differentials among individuals on college campuses (e.g., coach vs. student athlete) contribute to the high rates of sexual misconduct and reluctance of victims to file grievances or to report to authorities second focus of this session was on the need for transparency and reliable metrics while also accounting for the oft-observed reality of backlash undermining well-intentioned interventions. For example, being transparent about the culture of sexual misconduct (e.g., rates of violence, forms of violence, etc.) can draw attention to the problem of sexual violence, and thereby tempt institutions to try concealing the information out of self-protective instinct. Collecting and disseminating metrics about sexual misconduct on campus, however, is an essential step to identify target areas for prevention and intervention. Additionally, the presenters suggested that providing this transparency will likely be a catalyst for survivors to report misconduct and access necessary services. At the same time, as another example of backlash, being transparent about the problem of sexual misconduct may cause unrest and concern among constituents, so institutions must be prepared to address this potential and account for it in planning interventions. Third, each presenter stressed the importance of paying attention to high-risk groups and niche vulnerabilities (e.g labs, graduate programs, athletic departments, and other places on campus where students rely on faculty/coaches/others-in-positions-of-power for their funding, ability to participate in sports or in research, etc.), as opposed to relying on one-size-fits-all prevention and remedy processes. This attention to difference is equally important in the development and delivery of training and education programs detailed summary of the presentations and discussion follows. Dr. Frank Dobbin Dr. Frank Dobbin is the Henry Ford Professor of the Social Sciences in the Department of Sociology at Harvard University. Over the last 15 years, Dr. Dobbin has been studying the effects of diversity programs including (i) why organizational leaders adopt certain diversity programs, and (ii) why they expect training to be effective in eradicating harassment. Dr. Dobbin explained that organizations frequently adopt new training programs without existing evidence that the programs produce positive outcomes. Implementing programs without evidence of their effectiveness is an issue for all areas of management-related programs, not just sexual harassment. For example, many organizations have been adopting implicit bias programs, including Google, but Google has seen very little improvement in workforce diversity since the implementation of implicit bias training. Dr. Dobbin\u2019s research focuses on understanding whether programs are effective, and if they are not, what needs to change to make them effective. 40 Employers have \u201cdone a lot\u201d in their efforts to address the issue of workplace harassment, but this activity does not appear to have reduced harassment in the corporate world or in universities according to Dr. Dobbin. Despite increasing efforts to reduce sexual harassment, the prevalence of sexual harassment has remained constant over nearly four decades. Surveys from the 1980s indicated that 40% of women were harassed in the workplace. In 2018 the Pew Research Center found that the prevalence was the same\u201440% of women were still being harassed in the workplace. Evaluating the effectiveness of sexual harassment grievance procedures and training is difficult. Women are more likely to quit their job than file a complaint, so complaints are a poor metric for evaluation. 15 Only, approximately 10% of people who believe they have something to complain about file complaints. Sexual harassment research has consistently established that many people leave their jobs after they are harassed, and they do so without filing complaints or telling anyone. Because women are more likely to quit their job after experiencing sexual harassment, than to file a complaint, a new policy (including training) that succeeds in reducing sexual harassment should lead to more women in the workplace. Because training typically increases recognition of sexual harassment, post-training surveys are unreliable. Retention of women workers may be a better metric. With this in mind, Dr. Dobbin and his colleagues (Kalev, Kim, & Deutsch) conducted research to evaluate whether new policies and programs (i.e., grievance procedures and training programs) affect white, black, Latina, and Asian-American women on the tenured faculty. To determine the effect of sexual harassment policies and programs on tenured faculty, data from two datasets were merged. The first was the 1993-2015 faculty composition data for U.S. colleges and universities. These data included faculty composition in regard to race, ethnicity, and gender. The second was a retrospective survey of 605 colleges and universities that Dr. Dobbin and his research team collected. When gathering their data, Dr. Dobbin and his colleagues contacted academic heads\u2014usually deans\u2014or tried to find someone who knew the history of diversity programs and work-life employment practices at their institution. Data were representative of medium and large, private and public schools. The sample included colleges and universities that were larger and more prestigious than the average institution, according to Dr. Dobbin. In their data analysis, Dobbin and his co-authors examined the impact of new sexual harassment policies and programs on tenured faculty composition by looking at average change in group share over program life (i.e., period in which the policy/program was in place at a certain 15 Cortina, L. M., & Berdahl, J. L. (2008). Sexual harassment in organizations decade of research in review. In J. Barling & C. L. Cooper (Eds.), Handbook of organizational behavior (pp. 469-497). Sage Publishing. 41 institution) from 1993 \u2013 2015. It was hypothesized that if the policies and programs were having their intended effect, the number of female faculty during that timeframe would increase substantially. Analyses were conducted using panel models with fixed effects for institution and year and using robust standard errors. The data analysis controlled for other variables to account for potential factors contributing to the variance, such as regression toward the mean and other conditions occurring at the university (e.g., a new president policies, etc.). Dr. Dobbin and his colleagues are confident that their model isolated the policy and program effect in their results. Various time intervals were observed because universities adopted programs at different times across that time period. Results indicated that among 605 schools, the percent of faculty members who were white men declined substantially over this time from 70% in 1993 to just over 50% in 2015. Conversely, the percent who were white women had a smaller increase from approximately 18% in 1993 to 28% in 2015. Tenured minority faculty increased only a very small percentage during this time. Based on the results of their analyses, Dr. Dobbin and his colleagues concluded that sexual harassment interventions did not have the intended positive effects. Although the trainings appeared to be beneficial in some cases, these positive outcomes were limited to universities with fewer than 30% female tenured faculty. The implementation of both harassment grievance procedures and mandatory sexual harassment trainings went from having positive effects to having negative effects. This was true for four groups of tenured women: white, African- American, Latina, and Asian-American woman. When women hold roughly 30% or more of tenured jobs, the positive effects of harassment grievance procedures and sexual harassment trainings go away, and negative effects often emerge. Some of the limited observed diversity of the faculty can be attributed to fewer individuals from minority groups pursuing doctoral degrees from the elite schools that feed most faculty positions, and some can be attributed to the fact that women and minorities exit careers in academia at higher rates than white men. Even after accounting for these factors, the results of their study indicated that sexual harassment interventions did not contribute to increased diversity in faculty composition. Dr. Dobbin explained that there may be several reasons for the lack of change in faculty composition. One explanation for this could be that the implementation of sexual harassment policies (and corresponding retention of female faculty) appeared to activate group threat, particularly against white women. Group threat, a theory developed in the 1960s, occurs when the dominant group\u2019s power (e.g., white males) is challenged and produces actions to weaken the challenger group. That is, if leadership is dominated by one group, and another group begins to threaten their power, we see actions to weaken the challenger group. Group threat has been shown to harm members of protected groups through retribution. Prior research showed that Ohio women who complained of workplace harassment face retribution and ridicule.16 Cortina and Magley reported that two-thirds of federal workers who filed 16 Roscigno, V. J. (2007). The face of discrimination: How race and gender impact work and home lives. Rowman & Littlefield Publishers. 42 harassment complaints experienced backlash;17 and more recently, researchers have shown that women who were harassed and filed complaints ended up in worse jobs, and in poorer mental and physical health, than women who did not file complaints.18 There is also reason to believe that conventional sexual harassment training may not have the intended impact on participants because of participants\u2019 defensiveness. Some studies have shown that participation in sexual harassment trainings made men more likely to blame harassment on the victims\u2014they perceived the victims as having encouraged it or being capable of preventing it.19 Sexual harassment training may also increase acceptance of sexual harassment by men.20 Among men who are prone to engaging in harassment, training worsened their attitudes toward harassment, and among most men, training led to a decreased likelihood that they would take complaints of harassment seriously and instead increased their acceptance of sexual harassment.21 Dr. Dobbin proposed that one strategy to improve sexual harassment policy outcomes is to consider bystander intervention training which focuses on how to intervene when witnessing sexual harassment rather than focusing on policies and punishments. Bystander intervention programs may be more likely to work because they position trainees in the role of the observer, not as the presumed harasser, which may minimize their defensiveness. Framing them as potential heroes (and not potential villains) may increase their intention to intervene.22 Additionally, Dr. Dobbin proposed that universities rethink the process of making and addressing complaints by considering the potential use of an ombud office. The ombud\u2019s office is typically a neutral office outside of any departmental chain of command. An ombud may be able to receive complaints confidentially and help victims think through their options. With this option, survivors may be more likely to report sexual harassment. This may also be an effective strategy if survivors were then able to decide whether the harasser is notified, which could potentially minimize retribution. Universities still need a formal process to hear and adjudicate complaints in order to formally sanction harassers. However, using the ombud\u2019s office may be more effective in bringing people forward. Dr. Dobbin acknowledged that data collection did not include information about the standard content of the sexual harassment policies (grievance procedures and training) or the quantity and frequency of trainings. Content and dosage are critical areas of intervention development and 17 Cortina, L. M., & Magley, V. J. (2003). Raising voice, risking retaliation: Events following interpersonal mistreatment in the workplace. Journal of Occupational Health Psychology, 8(4), 247. 18 McLaughlin, H., Uggen, C., & Blackstone, A. (2017). The economic and career effects of sexual harassment on working women. Gender & Society, 31(3), 333-358. 19 Bingham, S. G., & Scherer, L. L. (2001). The unexpected effects of a sexual harassment educational program. The Journal of Applied Behavioral Science, 37(2), 125-153. 20 Kearney, L. K., Rochlen, A. B., & King, E. B. (2004). Male Gender Role Conflict, Sexual Harassment Tolerance, and the Efficacy of a Psychoeducative Training Program. Psychology of Men & Masculinity, 5(1), 72. 21 Robb, L. A., & Doverspike, D. (2001). Self-reported proclivity to harass as a moderator of the effectiveness of sexual harassment-prevention training. Psychological Reports, 88(1), 85-88. 22 Cares, A. C., Banyard, V. L., Moynihan, M. M., Williams, L. M., Potter, S. J., & Stapleton, J. G. (2015). Changing attitudes about being a bystander to violence: Translating an in-person sexual violence prevention program to a new campus. Violence against women, 21(2), 165-187. 43 implementation, so not having these data limited conclusions that can be made about study results. Although Dr. Dobbin emphasized sexual harassment in his presentation, the connection between sexual harassment and sexual assault was also addressed. Universities need to focus on changing campus culture culture that is permissive of sexual harassment is the same type of culture that tolerates sexual assault. Addressing all these interconnected issues requires widespread culture change. One of the issues with how training has been handled on campuses is that training initiatives are typically driven by efforts at compliance with directives from the federal government (i.e., Title IX). Dr. Dobbin contends that people do not tend to respond well to these type of mandates. \u201cHome-grown\u201d strategies that have faculty design input and ownership are more likely to succeed. For example, when companies create their own diversity task force (instead of hiring an outside consultant), everything works much better\u2014a home-grown task force can have significant positive effects. Dr. Donald Tomaskovic-Devey Dr. Tomaskovic-Devey is a Professor of Sociology and the Director of the Center for Employment Equity (CEE) at the University of Massachusetts, Amherst. His presentation focused on processes that generate sexual harassment and organizational responses. Dr. Tomaskovic-Devey explained that most universities and most workplaces address sexual harassment with an unduly legalistic approach, which is not effective. Dr. Tomaskovic-Devey\u2019s presentation focused initially on a project that he conducted along with an economist, Carly McCann, in which they analyzed all of the legal claims made to the United States Equal Employment Opportunity Commission (EEOC) and all of the state Fair Employment Practice Agencies (FEPA) between 2011 and 2016. These data are interesting because the is the door into the legal system\u2014anyone wanting to enter the legal arena for a discrimination related complaint must first file a complaint with the EEOC. In 2016, the issued a report estimating that 85% of women would be harassed during their career. 23 In his work with Carly McCann and M. V. Lee Badget, Dr. Tomaskovic-Devey estimated that over 5 million employees experience sexual harassment at work each year.24 The majority of victims are women, but almost 20% are men. Only 25% to 40% of survivors will disclose this to someone in their workplace. When they do disclose, people tend to report to individuals that they trust (e.g., co-workers, local supervisors, or union representatives) rather than reporting through a formal complaint system. Just over 9,000 of these incidents turn into 23 U.S. Equal Employment Opportunity Commission. 2016. \u201cSelect Task Force on the Study of Harassment in the Workplace.\u201d See report at harassment-workplace?renderforprint=1 24 McCann, C., Tomaskovic-Devey, D., & Badgett, L. (2018). Employers' responses to sexual harassment. Center for Employment Equity. 44 formal charges with the or FEPA, and even fewer (n=8,147) are determined to have potential legal merit. Ultimately, only 27% (fewer than 2,000) of those who file a sexual harassment charge with the receive any benefit, and 23% receive some monetary compensation. Moreover, the compensation is somewhat small, with the median award only $10,000. It is also concerning that only 12% of charges lead to an agreement to alter workplace practices. When survivors try to go to the court system after filing with the EEOC, 90% of them are turned away because their cases are not considered strong enough for lawyers to take. For those cases that are accepted, a higher proportion (60%) receive monetary benefits and the average dollar payout is also slightly higher. However, the private bar is less likely than the to negotiate workplace changes, and non-disclosure agreements are widespread. Black women have the highest risk with a rate of victimization that is four times larger than their proportion of the labor force. Not surprisingly, people who are in less powerful positions are more likely to encounter situations of sexual harassment. These statistics reveal a large issue around reporting. People tend to refrain from reporting sexual harassment because they do not expect employers to maintain confidentiality. Additionally, most employers react punitively against people who file formal sexual harassment charges. Over half (64%) of formal sexual harassment charges are associated with job loss, and 68% of charges include allegations of employer retaliation after the charge was made. Retaliation is highest against black women. Past research also shows that when people complain about discrimination or sexual harassment, their original goals are to make their workplace a safer place (not to gain financial compensation or send the perpetrator to jail). When complaints are channeled into a legal system, though, the goal of a safe workplace is abandoned. Dr. Tomaskovic-Devey highlighted two important implications from his research. The first is that most incidents never reach formal complaint systems. The second is that legal remedies are rare, weak, and typically ineffective at improving workplace climate. Indeed, when there is a greater legal component in the grievance procedure, there is more backlash against the survivors. Adopting a legalistic point of view, then, may not be the best approach to addressing sexual harassment. Rather, a promising approach may be to think of sexual harassment as a form of harassment in general. The concluded in its 201625 report that sexual harassment should be framed as a form of power-based harassment and that workplace bullying (in all its forms) are failures of management in addressing workplace climate. By adopting this point of view, preventing sexual harassment and sexual abuse \u201crequires changing the organizational tolerance of abusive behavior by powerful actors.\u201d If a workplace tolerates abuse in certain niches, sexual abuse is also likely to occur. Given his view that legalistic responses are ineffective, Dr. Tomaskovic-Devey presented five ideas for best addressing sexual harassment. 25 U.S. Equal Employment Opportunity Commission. 2016. \u201cSelect Task Force on the Study of Harassment in the Workplace.\u201d See report at harassment-workplace?renderforprint=1 45 i) Do not rely on legalistic remedies focus on harassment must be a part of normal business practices and not just a reaction to failures. ii) Do not tolerate harassment of any type. iii) Introduce proportionate accountability in the system. iv) Create transparency at all levels while trying to minimize the challenges caused by privacy constraints For example, prior to engaging with institutional systems and resources, students should have comprehensive knowledge about how the systems work at the institution, how the systems perform, and what possible outcomes could occur. v) Generate (and publicize) metrics that allow an institution to see how it is doing and to be held accountable. Dr. Tomaskovic-Devey then discussed the application of routine activity theory to sexual harassment prevention strategies in a university setting. Routine activity theory may be useful when trying to identify where harassment is most likely to occur. Routine activity theory suggests that crime occurs when there are available targets, willing offenders, and the absence of capable guardians.26 Targets are plentiful and are available in any place where power imbalances exist. In some ways, all bureaucratic organizations are structured in a way that makes this possible. It is not possible to predict who the willing offenders will be. It is possible, though, to consider the places in an organization that lack capable guardians. The absence of capable guardians varies most across organizations and this is where intervention can occur. When students, staff, or faculty do not speak up about sexual harassment, it is often because they perceive that there are no capable guardians. Similarly, when individuals engage in harassing behaviors, they often do so because they do not think anyone will intervene and, in some cases, believe that their colleagues will protect them. Dr. Tomaskovic-Devey pointed out that this basic analysis can be applied to niche areas on campus. He drew attention to labs where power differentials seem to be extraordinarily high. Typically labs are isolated from the rest of a university. Everyone in those labs is dependent on head scientists for employment, publications, and other professional necessities. The National Academy of Sciences issued a critical report in the last year or two about the problematic power differentials in labs where typically nobody is providing oversight. Like labs, any area on campus where significant power differentials exist, and where external monitoring is minimal or non-existent, can develop a culture of abuse. Unsurprisingly, most egregious cases of sexual abuse happen in these type of environments. However, institutions need to look at routine cases as well as the most egregious ones. Focusing on metrics and transparency will support efforts to address this wide spectrum of cases. As an example, Dr. Tomaskovic-Devey shared that the graduate school at his institution does not interview students when they drop out of the program. According to studies, many female graduate students are being assaulted and harassed, and, whereas employees in a company can leave and find a new job if they are being harassed by a boss, students tend to have fewer options. To quit a program and start somewhere else is much more challenging. Graduate students who drop out or 26 Cohen, L. E., & Felson, M. (1979). Social change and crime rate trends routine activity approach. American Sociological Review, 588-608. 46 transfer to other programs could help to pinpoint areas of concern. Conducting exit interviews could help to identify reasons that students are leaving their program, and looking at these patterns of turnover could be useful for generating metrics and identifying problematic patterns starting place when thinking about sexual harassment prevention may be to consider the six key factors about bullying and harassment that Dr. Tomaskovic-Devey presented: i) Most complaints never reach the formal complaint system. ii) Legal remedies are rare. iii) It is not about sex, it\u2019s about power. iv) Sexual harassment happens most often in work settings where routine harassment is tolerated. v) Sexual harassment is more common in hyper-masculine environments. vi) Sexual harassment and other forms of bullying are more likely in settings that lack capable guardians. Dr. Tomaskovic-Devey expanded on this list. Sexual harassment is more common in environments that permit harassing behaviors in general, and also where hyper-masculinity is tolerated. Institutions may want to start thinking about where on their campus bullying behavior is more likely to be tolerated. Where are the more hyper-masculine environments? Athletic departments may be such a place because they are units that are built around coaches, and sometimes, bullying is admired in coaches. In a place like an athletic department, where there can be this strong level of authority, power, and cultural acceptance of bullying, athletes may be taught to be submissive and accepting of bullying as part of that culture. Such behaviors may not be just tolerated, but actually reinforced by coaches and others in positions of power and may be adopted by athletes and/or those with less power. At the same time, not all faculty or university affiliates who are bullies are going to engage in sexual harassment, and similarly, not all of those who engage in sexual abuse engage in other explicit bullying behaviors. Particularly when cases persist over a long period of time, the perpetrators have to be \u201cgood\u201d at it, able to hide, and often come across as the \u201cnice guy.\u201d Establishing capable guardians may be an effective strategy for addressing the range of abuse that occurs across college campus environments. Ms. Katherine Lasher Ms. Katherine Lasher is the Associate Vice President in the Office of Institutional Equity at The Ohio State University, where she manages Ohio State\u2019s response to reports of discrimination, harassment, and sexual misconduct that are covered by federal law, state law, and/or university policy for matters involving students, faculty, staff, and visitors. This centralized office houses the university\u2019s Americans with Disabilities Act, Affirmative Action and Equal Employment Opportunity, Protection of Minors, and Title functions. [At the time of Ms. Lasher\u2019s presentation, the final version of pending new Title regulations had not been released. These new Title regulations were released on May 6, 2020, with an effective date of August 14, 2020. Some of these new regulations will impact the substance of what Ms. Lasher described to the Task Force description of those changes is included at the end of the summary]. 47 Ms. Lasher began by providing a summary of Title IX, which is the federal legislation that guides most institutions\u2019 policies related to sexual misconduct prevention and response. Title (1972) states that \u201cNo 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.\u201d Although Title was initially applied to athletics, its application has now expanded into many areas, including pregnant and parenting students, sexual misconduct, and more. The term sexual misconduct, in this context, encompasses many behaviors, including sexual assault, sexual harassment, domestic violence, stalking, sexual exploitation, and sex and gender- based discrimination. Title mandates institutions to stop discrimination, prevent recurrence, and remedy the effects upon the victim/survivor/community. One way institutions implement this mandate is through duty to report. That is, anyone at an institution who has the authority to take action to redress sexual misconduct or has been deemed a mandatory reporter, or anyone a student reasonably could believe would have authority or responsibility over such matters, is considered a responsible employee and is required to report sexual misconduct. Discretion about responsible employees is often left to the institutions, but most require that, at minimum, all faculty members must report sexual assault. In addition to reporting mandates made by Title IX, there may be felony reporting laws that vary by state. For example, Ohio law requires that those who are not in a legally protected role and who have knowledge of a felony report it to law enforcement. These felony reporting laws may create barriers to reporting, by not allowing information to be kept confidential. Ms. Lasher pointed out additional barriers to reporting that were identified through the 2019 campus climate survey. The results for OSU\u2019s campus in particular revealed that the primary reasons students refrained from contacting resources following an assault were because they: (i) felt they could handle it themselves, (ii) believed that their experience was not serious enough to contact programs or resources, (iii) were too embarrassed or ashamed, or felt it would be too emotionally difficult, or (iv) did not want the perpetrator to get in trouble.27 Other reasons reported include fear that it would not be kept confidential, concerns about being believed, fear about negative academic, social or professional consequences, not knowing where to go or who to tell, or fear of retaliation. Additional reporting factors included: whether the report would be taken seriously, whether a fair investigation would be conducted, language barriers, distrust or the justice system, access to resources, and fear of being judged. It is also important that universities consider power differentials when considering barriers to reporting and institutional response to sexual misconduct, especially in cases between faculty and students or staff. Title dictates that universities have a responsibility to respond to complaints of sexual misconduct. University responses must be prompt, fair, and equitable. When addressing sexual 27 Cantor, D., Fisher, B., Chibnall, S., Harps, S., Townsend, R., Thomas, G., Lee, H., Kranz, V., Herbison, R., & Madden, K. (2019). Report on the campus climate survey on sexual assault and misconduct: The Ohio State University. 48 misconduct complaints, institutions should coordinate a response to all complaints, provide information to those involved, and should conduct investigations and/or adjudicate complaints of harassment. Survivors should receive information about various confidential and non- confidential support resources, internal investigative options, and external processes, such as sexual assault nurse examiner (SANE) examinations. Interim measures are individualized supports that may be available to help those who may have experienced incidents of sexual misconduct. Examples of interim measures include, but are not limited to, no contact directives, changes in class or work scheduling, or counselling and academic support. Universities have noted an increase in reports due to increased awareness and education, but while survivors maintain a desire for support resources and interim measures, the desire for investigations has not necessarily increased at the same rates component of institutional response can include an investigation, which involves: (i) meeting with the complainant, the respondent, and relevant witnesses; (ii) collecting and reviewing relevant evidence as provided by participants; and (iii) ensuring a fair and equitable process while understanding the impact of trauma. One goal during an investigation is to ensure the process is fair, thorough, and impartial to both the complainant and respondent, so that those involved have the same opportunity to provide information that they feel is relevant to the investigation. Most institutions now allow a support person to be present during this process. Typically, the support person is not an advocate, though some universities are allowing more of an advocate role. Ms. Lasher noted that there is a whole body of literature about trauma- informed investigations (e.g., Dr. Rebecca Campbell) which addresses the importance of understanding that an investigation can be fair while also being trauma-informed. Different outcome models are used across the U.S., including investigative models and hearing models. In both the investigatory and hearing models a preponderance of the evidence standard is applied. Generally, with an investigatory model, an investigator will investigate the facts by interviewing the complainant, respondent, and any witnesses, examining relevant documents, and make a finding as to whether or not there has been a policy violation. Although, Ms. Lasher noted that processes may vary somewhat across institutions. In the hearing model, after the university investigates the complaint, a Title hearing is conducted. Generally, at the Title hearing, the participants provide statements, put forth evidence, and may be subject to cross-examination. The trier of fact, which is often a hearing panel or hearing officer, will make findings as to whether or not there has been a policy violation. Ms. Lasher noted that hearing models also vary by institution. In 2018, in Doe v. Baum, the United States Court of Appeals for the Sixth Circuit held that in public university disciplinary proceedings, students have the right to cross-examine a witness where the witnesses\u2019 credibility is at stake. The court noted that, \u201cif a university is faced with competing narratives about potential misconduct, the administration must facilitate some form of cross-examination in order to satisfy due process.\u201d Baum also required institutions to offer a hearing if the sanction could result in suspension or expulsion from the university. Thus, after Baum, public institutions in the Sixth Circuit, which includes Kentucky, Michigan, Ohio and Tennessee, were required to follow these holdings. 49 Alternative resolutions are another option which also may include a variety of approaches. For example, alternative resolutions can involve educational conversations, mediation, facilitated discussions, and/or restorative justice. Using an alternative resolution model affords the possibility for many outcome options. Ms. Lasher discussed the importance of building trust through the response processes. To build trust, institutions must enhance transparency. Transparency is especially essential for students who may participate in the process only if they have the information. Methods for generating transparency can include a variety of approaches: generating metrics, conducting climate surveys, and providing accessibility information about resources and processes. Though it may not be necessary to conduct a climate survey every year, it is a good idea to gather valuable feedback from students, faculty, and staff to determine where to focus efforts. Additionally, information should be available in multiple formats and not just available on websites. Other suggestions to promote transparency include conducting social media campaigns, presenting information at freshman orientations, issuing letters to every incoming student, and meeting with and utilizing student leaders. It is particularly important to provide information to the community in the fall during the \u201cred zone\u201d\u2014the time when students are particularly susceptible to sexual misconduct victimization. The Violence Against Women Act (VAWA) requires that institutions provide sexual misconduct prevention training. There are historically high-risk groups that universities have focused on, but education and training should be also provided to everyone. Scaling up training programs is challenging. Universities should consider multimodal approaches for education, which includes a combination of in-person and online education. Campus climate surveys can be a useful tool to help identify specific educational needs and high-risk groups. It is also helpful if educational programs are tailored to specific audiences (e.g., athletics, Greek orgs, STEM/Medicine community one-size fits all approach to prevention is not likely to be effective. At the time of Ms. Lasher\u2019s presentation, the final version of pending new Title regulations had not been released. These new Title regulations were released on May 6, 2020, with an effective date of August 14, 2020. Some of the changes in the new Title regulations will change aspects of the higher education landscape Ms. Lasher described at the roundtable. Changes in the new regulations, as they relate to higher education, include: \uf0b7 Universities must now allow cross-examination of the parties and any witnesses during a live hearing. Cross examination will be conducted by advisers for the parties, but not the parties themselves. \uf0b7 Each institution may now determine whether to use preponderance of the evidence or clear and convincing evidence as the standard of proof to determine policy violations, and must use the same standard for all complaints. \uf0b7 New institutional requirements for investigations: providing, with an identified process, a formal written complaint and notice of the allegations; allowing equal opportunity for the parties to present evidence, and an opportunity to review evidence before the hearing. \uf0b7 Interim measures are renamed \u201csupportive measures,\u201d and the new regulations outline processes for supportive measures. 50 \uf0b7 Providing a process for an informal resolution, which may be used at any point prior to a determination of responsibility, so long as a formal complaint has been filed. Informal resolution is not permitted to resolve allegations that an employee sexually harassed a student. \uf0b7 Changing the definition of sexual harassment. Sexual harassment under the new regulations means conduct on the basis of sex of one or more of the following types: i) Quid pro quo sexual harassment, meaning that \u201can employee of the recipient conditions the provision of an aid, benefit, or service of the recipient on an individual\u2019s participation in unwelcome sexual conduct;\u201d ii) Hostile educational environment, meaning \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 education program or activity;\u201d or iii) Sexual assault, dating violence, domestic violence, or stalking, as defined under U.S. law. 51 Appendix A: Search Methods With the inclusion definitions detailed in Appendix B, the Task Force adopted four methods for identifying known cases of sexual abuse at institutions of higher education. The first method was a Lexis Nexis database search for news articles related to large-scale sexual abuse cases Boolean string of key words was used to search the Lexis Nexis database for relevant news articles.28 We identified 23 cases using this method. Second, the Task Force conducted a database search in Google using the same key words. The first 1,000 hits were screened to determine whether any new cases were identified. Because no additional cases were found in the first 1,000 hits, the remaining hits were not screened. Third, we reviewed all sexual violence cases currently under investigation by the U.S. Department of Education to determine whether they met our inclusion criteria. We identified eight additional cases. Fourth, we looked for cases that may have been mentioned as examples or points of reference in articles, reports, or legal cases about cases that were previously identified and included in the list of cases. We did not identify any additional cases with this method. 28 After an iterative process of identifying key search terms, the final Boolean string was as follows: (sex* abus* scandal serial sex* abus sex* assault scandal serial sex* assault serial molest sex* assault multiple victim sex* abuse multiple victim sex* violen* scandal sex viol* perpetration sex* abus* perpetrat sex* assault perpetrat grop fondl unwanted touch non-consensual touch non-consensual kiss non-consensual sex unwanted kiss rape incest statutory rape (coach professor doctor physician medical professional (college university higher education (sex* assault* by student (high school (catholic church (clergy (Nassar Strauss Sandusky). Additional names were added to the exclusion string as they became known (e.g Tyndall Dennis Kelly Robert Miller Reginald Archibald Xu Gang Jorge Dominguez Thomas Roma Douglas Perlitz Robert Kurzban Bernie Fine). For \u201crecent\u201d the Task Force included cases that were first publicly reported in 2010 or later, regardless of when the abuse was alleged to have occurred. We did not include cases that were first publicly reported after October 31, 2019 when our search for cases completed. 52 Appendix B: Key Definitions necessary first step for creating the background summary of cases was deciding which cases to include, so the Task Force established inclusion and exclusion criteria. Cases were included if they occurred within the jurisdiction of a institution of higher education and became known within the last ten years. This included cases of sexual abuse perpetrated by a coach, physician, professor, priest, or other university affiliate against two or more survivors. Survivors could include anyone\u2014a student, community member, colleague, athlete, etc. Cases were not included if they pertained solely to sexual harassment or stalking.29 Cases were also not included if they involved only student-on-student sexual assaults. Student-on-student cases were not included for several reasons. First, the nature of these incidents is often characteristically different than those involving employees and non-student affiliates, and the Task Force was created as part of the response to the abusive actions of Richard Strauss, a physician and professor. Second, employees of a university tend to be employed for many years and have more opportunity to engage in \u201clong-term\u201d abuse as compared to students who typically have a finite amount of time on campus. Third, employees and students tend to receive different training around sexual abuse, so we wanted to focus our analysis on cases involving university employees and non-student affiliates. The Task Force determined a number of additional definitions for identifying cases and to create the background summary of known instances of large-scale sexual abuse at institutions of higher education. These terms included \u201csexual abuse,\u201d \u201crecent,\u201d \u201cknown,\u201d \u201clarge-scale,\u201d and \u201cinstitution of higher education.\u201d For \u201csexual abuse,\u201d the Task Force adopted the definition of sexual assault delineated in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990: \u201cAn offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI\u2019s Uniform Crime Reporting system sexual offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.\u201d Rape is defined as the \u201cpenetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.\u201d Fondling is defined as \u201cthe touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age.\u201d Incest is defined as \u201csexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.\u201d Incest is defined as \u201csexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.\u201d 29 Although sexual harassment is serious sexual misconduct that must be addressed in university and other settings, it is in a different category from the subject of the current study involving sexual assault and abuse and is not within the scope of this project. For \u201cknown,\u201d the Task Force included only cases that were publicly reported and relied only on information already in the public record. For \u201clarge-scale,\u201d the Task Force included all cases with two or more alleged survivors, but not cases in which a single individual was victimized. For occurring at an \u201cinstitution of higher education,\u201d the task force included only U.S.-based institutions. For such institutions, cases were also included if the abuse occurred within an institution\u2019s \u201cjurisdiction,\u201d i.e., on campus or off campus, if under the institution\u2019s auspices. 53 54 Appendix C: References Aggeler, M. (2019, May 9). Harvard Finds Decades-long Pattern of Sexual Misconduct by Former Professor. The Cut. dominguez-sexual-misconduct-investigation.html Almasy, S. & Becker, S. (2019, June 26). Former gynecologist George Tyndall accused of sexual assault of 16 patients. CNN. gynecologist-charged-sexual-assault/index.html Anderson, N. (2018, May 10). Academia\u2019s #MeToo moment: Women accuse professors of sexual misconduct. The Washington Post. accuse-professors-of-sexual-misconduct/2018/05/10/474102de-2631-11e8-874b- d517e912f125_story.html Anderson, N. (2018, December 13). U-Va. Professor retires after investigation indicates he had inappropriate sexual contact with student. The Washington Post. investigation-indicates-he-had-inappropriate-sexual-contact-with- student/2018/12/13/4b0dcb1e-fcbd-11e8-83c0-b06139e540e5_story.html Anonymous complaints 3rd party complaint about sexual harassment against Prof. Geoff Marcy, Astronomy. (2011). Release_12-17-15_Professor-Geoffrey-Marcy.pdf Arias Sanguinetti Wang & Torrijos, LLP. (2018, May 25). First California State Class Action Lawsuits Filed Against University of Southern California For Failing To Protect Students From Sexual Abuse by Gynecologist Dr. George Tyndall. Global Newswire. California-State-Class-Action-Lawsuits-Filed-Against-University-of-Southern- California-For-Failing-To-Protect-Students-From-Sexual-Abuse-By-USC-Gynecologist- Dr-George-Tyndall.html Arnold, A. (2018, November 19). Surviving the \u2018Predators\u2019 Club.\u2019 The Cut. lawsuit.html Associated Press. (2011, November 14). Jerry Sandusky says showers with boys involved horseplay, not crimes. The Patriot-News. Associated Press. (2013, October 29). Penn State University agrees to pay $59.7m to 26 sexual abuse victims of Jerry Sandusky. The Telegraph. University-agrees-to-pay-59.7m-to-26-sexual-abuse-victims-of-Jerry-Sandusky.html Associated Press. (2014, May 15). University of Connecticut music professor accused of child sex abuse retires with $69,000 annual pension. Daily Mail. abuse-retires-69G-pension.html 55 Associated Press. (2017, November 25). Award-winning author and professor at is accused unwanted sexual touching and making vulgar remarks to female students. Daily Mail. accused-harassment.html Attorney General. (2017). Investigation into Conduct of Dartmouth Professors. Concord, NH: Gordon MacDonald. 0.pdf Baker, A. (2013, July 8). Lawsuit Says 2 Rabbis Abused Boys at Jewish High School. The New York Times. abused-boys-at-jewish-high-school.html Bartlett, T. & Gluckman, N. (2018, February 27). She Left Harvard. He Got to Stay. The Chronicle of Higher Education. harassment Berger, J. & McCafferty, M. (2019, May 2). Harvard Gov Dept Climate Committee Find \u2018Prolonged Institutional Failure\u2019 in Final Report. The Harvard Crimson. Berger, J. & McCafferty, M. (2019, May 9). Harvard Prof. Dominguez Stripped of Emeritus Status Following Conclusion of Title Investigation. The Harvard Crimson. Berger, P. (2012, December 13). Student Claims of Abuse Not Reported by Yeshiva U. The Forward. yeshiva-u/ Berger, P. (2013, July 8). Former Y.U. High School Students File $380M Suit Claiming Sex Abuse Cover-Up. The Forward. school-students-file-380m-suit-cla/ Boeheim, Syracuse settle with ball boys in Fine scandal. (2015, August 6). Fox Sports. allred-bernie-fine-scandal-080615 Bollag, S. (2014, February 10). Timeline of the Title lawsuits filed against NU. The Daily Northwestern. Bollag, S. (2015, November 3). Philosophy Prof. Peter Ludlow resigns from Northwestern. The Daily Northwestern. peter-ludlow-resigns-from-northwestern/ Bonnell, C. (2019, January 23). Shame: Fordham Releases List of Abusive Priests. The Fordham Ram. priests/ Bowen, N. (2018, September 10). The Pervasive Power of Male Privilege at America\u2019s Elite Universities. Hyperallergic. male-privilege-at-americas-elite-universities/ 56 Bradford, E. (2018, May 29). Former student accuses U.Va. Professor John Casey of sexual assault. The Cavalier Daily. student-accuses-john-casey-of-sexual-assault Breunlin, E. & Kast, M. (2018, December 21 fires academic adviser who sexually harassed students at last job, admits he wasn\u2019t vetted. Knoxville News Sentinel. harassed-his-last-job-he-wasnt-vetted/2388279002/ Brown, R., Newman, B., Simpson, L., & Young, C. (2017, November 14). Next Steps: Our Commitment to Providing a Safe and Supportive Campus Environment. addressing-sexual-misconduct-on-campus Brown, R., Newman, B., Simpson, L., & Young, C. (2017, November 17). Progress Report from the President and for Student Enrollment and Engagement. Retrieved from Brown, R., Newman, B., Simpson, L., & Young, C. (2017, December 5). Progress Report: Student Engagement Opportunities. leadership-progress-report Brown, R., Newman, B., Simpson, L., & Young, C. (2017, December 14). Progress Report: Working Group and Process Timeline. from-senior-leadership-progress-update-on-working-group-and-timeline Brown, R., Newman, B., Simpson, L., & Young, C. (2018, February 16). Progress Report: Working Group, New Hires, and Training. working-group-new-hires-and-training-96345 Brown, R., Newman, B., Simpson, L., & Young, C. (2018, March 6). Progress Report: Update on Equity Policy and Case Reviews. on-equity-policy-and-case-reviews-96449 Brown, R., Newman, B., Simpson, L., & Young, C. (2018, May 1). Progress Report: Training and Dialogue and Campus Culture. training-and-dialogue-and-campus-culture Burke, M. (2018, February 7). Flute professor accused of sexual harassment \u2018secretly filmed himself having sex with students in his classroom and sent them photographs of his genitals.\u2019 Daily Mail. accused-sexually-harassing-students.html Butterworth, C. (2018, March 15). Drexel\u2019s former Neurology Chair arrested over alleged rape. The Daily Pennsylvanian. assault-neurology-chair-west-philly-upenn-penn-philadelphia Calder, R. (2013, July 12). New sex accusers vs. Yeshiva. The New York Post. Casarez, J., Grinberg, E., Moghe, S., & Tran, L. (2018, February 1). She filed a complaint against Larry Nassar in 2014. Nothing Happened. CNN. nassar/index.html 57 Casey, M. (2019, August 6). Dartmouth College settles sexual misconduct lawsuit. Concord Monitor. lawsuit-27535480 Catholic News Service. (2019, June 10). Federal judge OKs $60 million settlement in Haitian orphanage abuse case. National Catholic Reporter. haitian-orphanage-abuse-case Chakrabarti, M. & Mitchel, Z. (2017, November 14). Berklee President Says 11 Faculty Members Were Fired For Sexual Misconduct Over 13 Years. Radio Boston. Chinoy, S. (2014, May 1 Berkeley on new list of schools under investigation for handling of sexual violence. The Daily Californian. berkeley-new-list-schools-investigation-handling-sexual-violence/ Christine Adams, et al., v. Ohio University. Civil Action No. 2:17-cv-200 (S.D. OH. E. Div Wire Staff (2011, November 8). Sandusky abuse claims date back to 1994, grand jury says. CNN. timeline/index.html Wire Staff. (2011, November 15). Sandusky admits he \u2018horsed around,\u2019 but insists he\u2019s innocent. CNN. abuse/index.html Cohen, J. (2019, September 13). As Students From China Flock to University of Illinois, Lawsuit Alleges Ex-Professor Targeted Female Chinese Students. ProPublica. lawsuit-alleges-ex-professor-targeted-female-chinese-students Cohen, S. & Massarella, L. (2018, February 20). Disgraced neurologist accused of sexually abusing more patients. New York Post. neurologist-accused-of-sexually-abusing-more-than-a-dozen-other-patients/ Connecticut General Assembly. (2011). An Act Concerning the Response Of School Districts and the Departments of Education and Children and Families to Reports of Child Abuse and Neglect and the Identification of Foster Children in a School District. (Public Act no. 11- 93, Substitute House Bill No. 5431). Hartford, CT. Retrieved from Cummings, B. (2019, February 12). Preliminary settlement in Haitian sex abuse case involving Fairfield U., others Post. settlement-in-Haitian-sex-abuse-case-13608099.php Dandrea, A. (2018, November 15). Dartmouth Faces Class-Action Lawsuit Following Professor Misconduct Allegations. Valley News. Dartmouth-College-professors-sexually-assaulted-students-21573820 Dartmouth College. (2018, February 19). Update on ongoing investigations. Dartmouth College. (2018, June 14). Disciplinary Process Update on 3 Faculty. 58 Dartmouth College. (2018, June 26). Update on faculty member disciplinary process. Dartmouth College. (2018, July 17). Update on faculty member disciplinary process. Dartmouth College. (2018, October 29). Address to the General Faculty. Dartmouth College. (2018, November 15). Lawsuit filed against Dartmouth. Dartmouth College. (2018, December 12). Important Community Message. Dartmouth College. (2019, January 3). Announcing the Campus Climate and Culture Initiative. Dartmouth College. (2019, April 5). National Discussion on Sexual Assault and Sexual Harassment at America\u2019s Colleges, Universities and Service Academies. Dartmouth College. (2019, August 6). Settlement of Title Lawsuit. Dartmouth Senior Staff. (2017, October 25). Three psychology professors under investigation for \u2018serious misconduct\u2019. The Dartmouth. investigation-for-serious-misconduct Dartmouth Senior Staff. (2017, October 31). Three professors under criminal investigation for sexual misconduct. The Dartmouth. professors-under-criminal-investigation-for-sexual-misconduct Dartmouth Senior Staff. (2019, January 15). $70 million lawsuit alleges Dartmouth turned blind eye to sexual abuse. The Dartmouth. action-lawsuit Dartmouth Senior Staff. (2019, May 2). New allegations of sexual assault made in ongoing lawsuit against Dartmouth. The Dartmouth. in-ongoing-lawsuit-against-dartmouth Dartmouth settles lawsuit over sexual misconduct allegations against former professors. (2019, August 6 News. lawsuit-sexual-misconduct-allegations-former-professors-today-2019-08-06/ Dazio, S. (2019, June 26). Ex gynecologist charged in sex assaults of 16 patients. Associated Press News. Debevoise & Plimpton LLP. (2019). Report on the Investigation of Dr. Reginald Archibald. New York, NY. 59 Debucquoy-Dodley, D. (2013, July 16). UConn professor investigated for alleged child sex abuse dating back to the \u201860s. CNN. professor-abuse-allegations/index.html Dobnik, V. & Klepper, D. (2019, August 22). Yeshiva University hit with sexual abuse lawsuit. Associated Press News. Dorn, S. & Klein, M. (2018, September 22). College professors allegedly sold drugs, \u2018pimped\u2019 out students. The New York Post. allegedly-ran-swamp-of-drug-dealing-sexual-assault/ Dowty, D. (2011, November 27). Syracuse University fires assistant men\u2019s basketball coach Bernie Fine. Syracuse News. Doyle-Burr, N. (2018, July 17). Third Dartmouth Professor Ousted in Sexual Misconduct Inquiry. Valley News. Following-Investigation-into-Sexual-Misconduct-Allegations-18888459 Doyle-Burr, N. (2019, May 2). Two former students join class-action lawsuit against Dartmouth. Concord Monitor. Forward-in-$70-Million-Lawsuit-Against-Dartmouth-College-25288576 Drake, M. (2018, May 3 Message from President Drake. Drake, M. (2018, May 21 Message from President Drake: Strauss Investigation Update. Drake, M. (2018, June 7 Message from President Drake: Strauss Investigation Update. Drake, M. (2018, June 12 Message from President Drake. update-student-athletes-june-2018. Drake, M. (2018, July 20 Message from President Drake: Strauss Investigation Update. Drake, M. (2018, November 15 Message from President Drake. Drake, M. (2019, February 1 Message from President Drake: Strauss Investigation Update. Drake, M. (2019, February 2 Message from President Drake: Strauss Investigation Update. Drake, M. (2019, May 17 Message from President Drake: Strauss Investigation Report. Drake, M. (2019, May 17 Message from President Drake: Strauss Investigation Update. Drake, M. (2019, October 1 Message from President Drake: Strauss Investigation Update. Drash, W. (2011, November 14). Prosecutors: Coach went from mentor to predator. CNN. Drinker, Biddle & Reath LLP. (2014). Report of Special Counsel to the Special Committee for Investigation Regarding the Alleged Misconduct of Robert F. Miller. Retrieved from 60 special.html Dwyer, C. (2019, September 5). Michigan State University To Pay $4.5 Million Fine Over Larry Nassar Scandal. NPR. university-to-pay-4-5-million-fine-over-larry-nassar-scandal Engber, D. (2017, November 13). Three Dartmouth Psychology Professors Are Under Investigation for \u201cSexual Misconduct\u201d. Slate. groping-a-woman-in-2002.html Evans, T., Alesia, M., & Kwiatkowski, M. (2016, September 12). Former Gymnastics doctor accused of abuse. IndyStar. accused-abuse/89995734/ Eyewitness News. (2018, October 19). New York City hospital says doctor abused children for decades. WABC-TV. Fairfield University. (2013, June 28). Fairfield University Statement. statement.html Feng, J. (2019, September 11). Former University of Illinois Professor Xu Gang Sued Over Alleged Rape And Other Sex Crimes. Sup China. over-alleged-rape-and-other-sex-crimes/ Finn Dixon & Herling. (2019). Report of Independent Investigation: Sexual Misconduct by Yale Professor D. Eugene Redmond. Stamford, CT: D.M. Daly. Finnegan, J. (2019 June 27). Ex gynecologist George Tyndall arrested, charged with sexual assault of student patients. Fierce Healthcare. charged-sexual-assault-student-patients Flaherty, C. (2015, June 16 Step Forward for Philosophy. Inside Higher Ed. out-victims-sexual-assault-and-harassment Flaherty, C. (2015, October 12). Is an Apology Enough? Inside Higher Ed. berkeley-astronomer-found-have-sexually-harassed Flaherty, C. (2015, November 4). Another Harasser Resigns. Inside Higher Ed. resigns-during-termination-hearing-over-sexual Flaherty, C. (2018, February 12). Juilliard Reviewing of Cincinnati\u2019s Harassment Findings. Inside Higher Ed. reviewing-u-cincinnatis-harassment-findings 61 Flaherty, C. (2019, August 21). Report Knoxville Professor Repeatedly Violated Harassment Policies. Inside Higher Ed. repeatedly-violated-harassment-policies Flute camp chief stands by flutist accused of sex misconduct. (2018, February 8). Associated Press News. Fordham University. (n.d.). Sexual and Related Misconduct Policy and Procedures For the Fordham University Community. t_policy_and_procedure.pdf Former University of Illinois professor accused of sexual and physical abuse: \u201cHe tried to kill me\u201d. (2019, September 16 News. university-of-illinois-professor-accused-of-sexual-abuse/ Fox News. (2014, May 15). UConn professor accused of child abuse retires with $69G pension. Fox News. with-69g-pension Franciscan University of Steubenville. (2019). Historical Review and Actions Taken Regarding Campus Safety. Steubenville: OH. university-of-steubenville-historical-review-and-actions-taken-regarding-campus-safety/ Freeh Sporkin & Sullivan, LLP. (2012). Report of the Special Investigative Counsel Regarding the Actions of The Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky. State College, PA. l/13pennstate-document.html?module=inline Frehse, R. (2019, August 22). Former Yale professor sexually assaulted five students, report says. CNN. Frej, W. (2018, May 30). 52 Women Accuse Former Gynecologist George Tyndall of Sexual Misconduct. The Huffington Post. tyndall-women-accuse-usc-gynecologist-sexual- misconduct_n_5b0e65fbe4b0802d69cfc73d Frolik, C. & Sweigart, J. (2017, March 5). Local doctor accused of sexual misconduct. Dayton Daily News. misconduct/E7O87WjOph3rdo5Ev10KeP/ Fu, A. & Wang, L. (n.d.). Forty Years in the Making: Dominguez and Sexual Misconduct At Harvard. The Harvard Crimson. dominguez-case/ Gallion, B. (2017, February 23). Interim president to consider whether professor accused of sexual harassment should be dismissed. The Post: Ohio University. Gallion, B. (2017, March 2 interim president moves to fire professor accused of sexual harassment. The Post: Ohio University. 62 andrew-escobedo Gallion, B. (2017, March 13). English graduate students criticize handling of sexual harassment allegations. The Post: Ohio University. Gallion, B. (2017, March 16). English faculty send letter to students in response to Escobedo case. The Post: Ohio University. faculty-letter-escobedo Gallion, B. (2017, April 4). English professor facing dismissal for sexual harassment requests faculty hearing. The Post: Ohio University. Gallion, B. (2017, June 1). Hearing date set for professor accused of sexual harassment. The Post: Ohio University. escobedo-hearing-date Gallion, B. (2017, August 19). English professor facing dismissal for sexual harassment resigns. The Post: Ohio University. harassment-escobedo-resigns Gallion, B. (2017, November 20). Professor accused of sexual harassment earned $143,000 during paid administrative leave. The Post: Ohio University. Gallion, B. (2018, February 15). Ex-English professor accused of additional sexual harassment. The Post: Ohio University. english-sexual-harassment-complaint-ohio-university Gallion, B. (2018, November 14). Ohio University settles with students in sexual misconduct case. The Post: Ohio University. university-settlement-escobedo-sexual-assault Gallion, B. (2018, November 15). Students suing were denied treatment at Counseling and Psychological Services. The Post: Ohio University. Gallion, B. (2018, November 25). They sued Ohio University over sexual harassment. It became a full-time job. The Post: Ohio University. lawsuit-retaliation Ganim, S. (2011, November 17). Exclusive: Jerry Sandusky interview prompts long-ago victims to contact lawyer. The Patriot-News. Garrison, J. (2019, May 9). Harvard bans ex-professor after finding \u2018unwelcome sexual conduct\u2019 spanned four decades Today. jorge-dominguez-sexual-harassment-misconduct-metoo-title-ix/1154497001/ 63 Garrity, M. (2018, March 2). Former Drexel neurologist faces new charges in NY. The Triangle. Gast, H. (2018, February 21 professor\u2019s misconduct brought to light. The Xavier Newswire. Ghorayshi, A. (2015, October 9). Famous Berkeley Astronomer Violated Sexual Harassment Policies Over Many Years. Buzzfeed News. sexually-harassed-students Giannamore, P. (2019, April 12). Franciscan University names five priests accused of sexual misconduct. WTOV9. priests-accused-of-sexual-misconduct Gluckman, N. (2017, November 30). UVa Professor Accused of Sexual Harassment Will Not Teach in the Spring. The Chronicle of Higher Education. Gluckman, N., Read, B., Mangan, K., & Quilantan, B. (2017, November 13). Sexual Harassment and Assault in Higher Ed: What\u2019s Happened Since Weinstein. The Chronicle of Higher Education. Grasgreen, A. (2014, March 5). Slap on the Wrist? Inside Higher Ed. professor-assault-case Guerrant, E. (2019, August 19 Appoints Presidential Advisers on Sexual Misconduct Issues Today. advisers-on-sexual-misconduct-issues/ Guerrant, E. (2019, September 5). Stanley Sets Course of Action Following Federal Reviews Today. following-federal-reviews/ Hahn, C. (2017, November 26). Berklee College of Music president apologizes amid widening sexual misconduct scandal. The Daily Pennsylvanian. Hanlon, Phil. (2017, November 10). Community message on ongoing investigations. Hartocollis, A. (2018, November 15). Dartmouth Professors Are Accused of Sexual Abuse by 7 Women in Lawsuit. The New York Times. Henderson, L. (n.d.). Presidential Steering Committee on Sexual Misconduct. Herbert, G. (2019, January 15). See 13 Jesuit priests accused of sexual abuse in Upstate NY. Syracuse News. jesuit-priests-accused-of-sexual-abuse-in-upstate-ny.html 64 Herman Law Firm. (2013, July 16). UConn music professor Robert Miller investigated for child sexual abuse. Herman Law. robert-miller-investigated-child-sexual-abuse/ Hodge, M. (2017, November 23). Disgraced Doc: What did Larry Nassar do and how long has the former gymnastics doctor been jailed for after sexually assaulting young gymnasts?. The Sun. gymnastics-coach-simone-biles-doctor/ Ibarra, N. (2019, September 24 Santa Cruz fires tenured professor in wake of sexual misconduct investigation. Santa Cruz Sentinel. misconduct-investigation/ Jaeger, M. (2017, November 21). Neurologist accused of sexually abusing patients. New York Post. Jane Doe v. George Tyndall. Case No. 2:18-cv-05010 (Cen. Dis. CA. West. Div. 2018) Jaschik, S. (2014, February 3). Philosophy of Sexism? Inside Higher Ed. philosophy-department-found-be-sexist Jaschik, S. (2014, February 27). Abuse Ignored. Inside Higher Ed. allegations-professor-endangered-children-and John Doe 20 et al. v. University of Southern California. Case No. 1 98TCV15551 (Calif. Co. L.A.) Kannan, V. (2018, April 25). Penn graduate Robert Kurzban had relationship with her while he was her minor advisor. The Daily Pennsylvanian. upenn-ivy-league-pennsylvania-misconduct-higher-ed Kannan, V. & Liu, M. (2018, April 11). Penn professor had sexual relationship with his student in apparent violation of U. policy. The Daily Pennsylvanian. misconduct-faculty-student-policy-ivy-league-kurzban Kast, M. (2018, September 27). Longtime professor resigns amid probe of sexual misconduct accusations by current, former students. Knoxville News Sentinel. misconduct-investigation-henri-grissino-mayer/1409473002/ Kast, M. (2018, October 3). University of Tennessee professor accused of sexual misconduct had \u2018creepy\u2019 behavior for years, ex-colleagues say. Knoxville News Sentinel. tennessee-sexual-harassment/1485477002/ Kast, M. (2019, August 20). University of Tennessee professor sexually harassed students for years, report says. Knoxville News Sentinel. 65 professor-sexual-harassment/2059768001/ Kellogg & Van Aken LLP. (2019, March 5). Number of Victims Alleging Sexual Misconduct by Men\u2019s Health Physician at Triples as More Plaintiffs Join Lawsuit. Globe Newswire. release/2019/03/05/1748121/0/en/Number-of-Victims-Alleging-Sexual-Misconduct-by- Men-s-Health-Physician-at-USC-Triples-as-More-Plaintiffs-Join-Lawsuit.html Kellogg & Van Aken LLP. (2019, May 9). Number of Victims in Men\u2019s Health Sex Scandal Jumps to 50 as 18 More Men Join Lawsuit Alleging Sexual Misconduct. Associated Press. release/2019/05/09/1821055/0/en/Number-of-Victims-in-USC-Men-s-Health-Sex- Scandal-Jumps-to-50-as-18-More-Men-Join-Lawsuit-Alleging-Sexual-Misconduct.html Kipnis, L. (2017, April 2). Eyewitness to a Title Witch Trial. The Chronicle Review. Klein, M. (2019, May 18). Axing scandalous John Jay College professors will cost nearly half million dollars. The New York Post. john-jay-college-professors-will-cost-nearly-half-million-dollars/ Klein, M., Dorn, S., & Golding, B. (2019, May 14). John Jay College plans to fire professors over sex and drug scandal. The New York Post. college-plans-to-fire-professors-over-sex-and-drug-scandal/ Kossakowski, S. (2018, January 4). Photography professor Thomas Roma amid allegations of sexual misconduct. Columbia Spectator. entertainment/2018/01/04/photography-professor-thomas-roma-retires-amid-allegations- of-sexual-misconduct-by-former-students/ Kozlowski, K. (2017, August 10). How became suspect in dozens of rapes. The Detroit News. larry-nassar/104491508/ Lampen, C. (2019, June 11). John Jay College of Criminal Justice Is \u2018Cesspool of Sexism,\u2019 Lawsuit Alleges. Gothamist. justice-is-cesspool-of-sexism-lawsuit-alleges Lansing State Journal & IndyStar. (n.d.). Who is Larry Nassar Today. Larosa, N. (2019, January 15). Northeast Province of the Society of Jesus Releases Names of Priests Credibly Accused of Abuse. Fordham News. news/northeast-province-of-the-society-of-jesus-releases-names-of-priests-credibly- accused-of-abuse/ Lawsuit alleges sexual battery of male gay & bi students by student health doctor. (2019, February 13). Los Angeles Blade. alleges-sexual-battery-of-male-gay-bi-students-by-usc-student-health-doctor/ Lazar, K. (2017, November 8). Berklee let teachers quietly leave after alleged sex abuse, and pushed students for silence. The Boston Globe. leave-after-alleged-sexual-abuse-students-least-one-found-another-teaching- job/yfCkCCmdJzxkiEgrQK4cWM/story.html Lazar, K. (2017, November 13). Berklee president: 11 faculty members have been terminated in 13 years for sex assault, harassment. The Boston Globe. meeting-monday-sex-harassment-campus/wXBMrQVkSz968DA3OixqMP/story.html Lee, E. & Lu, R. (2017, November 18). Fifteen students allege three professors created \u2018hostile academic environment\u2019. The Dartmouth. created-hostile-academic-environment Lee, T. (2018, February 21). Ex-Drexel Neurology Chair Faces Sexual Assault Charges. Newsweek. charges-814800 Liu, M. (2018, May 2). Prof. Kurzban steps down as president of academic society after allegations of U. violations. The Daily Pennsylvanian. down-evolutionary-pyschology-society-upenn Liu, M. (2018, July 22). Professor Kurzban resigned after allegations of inappropriate relationships with students. The Daily Pennsylvanian. romantic-relationships-philadelphia-penn-psychology Liya, F. (2019, October 31). Shenzhen Court Favors Professor Accused in Sexual Assault Case. Sixth Tone. accused-in-sexual-assault-case Maese, R. (2019, May 17). Ohio State team doctor sexually abused 177 students over decades, report finds. The Washington Post. abused-students-over-decades-report-finds/ Mahony, E. (2019, June 6). Fairfield University, others liable for $60 million settlement ordered in Haiti orphanage abuse case. Hartford Courant. 20190606-20190606-t3v7xeuqozakdfu5q56z6zegcm-story.html 66 Mangan, K. (2017, November 22). Prominent Creative-Writing Professor at UVa Is Accused of Sexually Harassing Students. The Chronicle of Higher Education. Mangan, K. (2017, December 3). Professor at UC-Santa Cruz Disputes Sexual-Assault Accusations. The Chronicle of Higher Education. 67 Manley, Stewart, & Finaldi. (2016, November 29). Victim\u2019s Attorneys Drew, Cooper & Anding And Manly, Stewart & Finaldi Issue Notice Of Intent To File Claim Against Michigan State University And Dr. Larry Nassar In Alleged Sex Abuse Case Newswire. manly-stewart--finaldi-issue-notice-of-intent-to-file-claim-against-michigan-state- university-and-dr-larry-nassar-in-alleged-sex-abuse-case-300370087.html Manley, Stewart, & Finaldi. (2017, October 5). Victim\u2019s Attorneys Manly, Stewart inaldi Demand Release Of Michigan State University\u2019s Internal Investigation of Larry Nassar Case Newswire. manly-stewart--finaldi-demand-release-of-michigan-state-universitys-internal- investigation-of-larry-nassar-case-300531993.html Marshall, A. & Gallion, B. (2017, February 25). Students holds rally, demand English professor be fired. The Post: Ohio University. rally-english-escobedo Mason, K. (2019, May 14). Re: Conclusion of Ongoing Investigation and Open Campus Meeting Wednesday, May 15. opencampus_meeting_May_14.pdf. Mayko, M. (2013, June 29). $12M settlement reached in sex abuse cases Post. 4638102.php Mayko, M. (2013, July 2). $500K to each boy in Haiti sex cases Post. Mayko, M. (2019, January 25). Fairfield U., others, settle sex-abuse claims for $61 million Post. 13561016.php Mayko, M. (2019, March 3). Advocates: Fairfield grad\u2019s sex-abuse victims need more than payout Post. sex-abuse-13652941.php McAndrew, M. (2011, November 18). Syracuse University assistant coach Bernie Fine accused of sexual abuse; university places him on leave. Syracuse News. McAndrew, M. (2012, May 16 chronology of the Bernie Fine case. Syracuse News. McCarthy, C. (2014, February 21). Northwestern responds to student\u2019s lawsuit, denies Title violations. The Daily Northwestern. lawsuit-denies-title-ix-violations/ 68 McCarthy, C. (2015, November 3). Northwestern professor resigns after sexual harassment investigation. The Guardian. news/2015/nov/03/northwestern-professor-peter-ludlow-resigns-sexual-harassment McMahon, J. (2019, January 15). Jesuit priest who worked in Syracuse nearly 10 years named child sex abuser. Syracuse News. who-worked-in-syracuse-nearly-10-years-named-child-sex-abuser.html Megan, K. (2014, May 14). UConn Professor Accused Of Sexual Misconduct Retires. Hartford Courant. sexual-misconduct-retires-20140707-story.html Messer, O. (2019, June 11). John Jay College Professors Used Office \u2018Swamp\u2019 to Prey on Undergrads: Federal Lawsuit. The Daily Beast. college-ex-students-lawsuit-claims-professors-had-a-swamp-of-sexual-harassment-for- undergrads Michigan State University. (n.d.). Know More @ MSU. Michigan State University. (n.d). Meeting with Survivors. with-survivors/index.html Michigan State University. (n.d Workgroup. workgroup/ Michigan State University. (2019). Michigan State University: Taking action to foster a safer campus. East Lansing, MI. Campus.pdf Midgette, A. & McGlone, P. (2018, July 25). Assaults in dressing rooms. Groping during lessons. Classical musicians reveal a profession rife with harassment.; Behind the industry\u2019s elevated reputation: Dozens of artists say they are victims. Washington Post. groping-during-lessons-classical-musicians-reveal-a-profession-rife-with- harassment/2018/07/25/f47617d0-36c8-11e8-acd5-35eac230e514_story.html Mondon, M. (2018, July 25). Penn professor resigns following allegations of inappropriate relationships with students. Philly Voice. kurzban-resigns-sexual-misconduct-allegations-relationships-students/ Mordechai Twersky, Et Al., v. Yeshiva University, Et Al., 13 Civ. 4679 2014) Morson, J. (2018, September 4). Franciscan University of Steubenville Ohio, takes steps to address sexual assault, Title issues. National Catholic Reporter. takes-steps-address-sexual-assault-title Mossburg, C. & Yan, H. (2019, September 10). Former gynecologist accused of sexual assault on campus gives up his medical license. CNN. license/index.html 69 Movius, L. (2019, September 23). Art history professor Gary Xu Gang accused of sexual assault and rape by two former students. The Art Newspaper. Moynihan, C. (2018, January 3). Thomas Roma, Photographer and Professor, Accused of Sexual Misconduct. The New York Times. Moynihan, C. (2018, January 4). Columbia Professor Accused of Sexual Misconduct Retires. The New York Times. columbia-retires.html Mullin, P. & Donahue, B. (2018, December 31). Fordham Offers \u201cNo Comment\u201d To Allegations of 1960\u2019s Clergy Abuse. The Paper. treatment/ Murphy, K. & Peele, T. (2015, October 17). Does Berkeley astronomer Geoff Marcy\u2019s downfall signal shift in attitudes over sexual harassment? The Mercury News. downfall-signal-shift-in-attitudes-over-sexual-harassment/ North, J. (2019, August 20). Report: Disgraced professor harassed young women students for years. Wbir. harassed-young-women-students-for-years/51-e34cdf43-206d-42ab-bd67-4e45259d27b3 O\u2019Brien, J. & Kulkus, E. (2012, November 9). Former Syracuse basketball coach Bernie Fine won\u2019t be charged. Syracuse News. Observer Staff Report. (2019, June 13). Three former Notre Dame-affiliated priests named as having sexually abused minors. The Observer: University of Notre Dame. Office of Institutional Research and Assessment. (2018). 2017 Berklee Equity Survey: Summary. ummary.pdf Otwell, R., Hansen Illinois, & Mierjeski. (2019, September 10). Assaults, Bullying, Rape Lawsuit Against One Professor Claims The University of Illinois Didn\u2019t Stop Him. Propublica. against-one-professor-claims-a-university-didnt-stop-him Otwell Illinois, & Mierjeski, A. (2019, August 27). At the University of Illinois at Urbana-Champaign, Preserving the Reputations of Sexual Harassers. ProPublica. harassment-professor-faculty Otwell Illinois, & Mierjeski, A. (2019, August 27). One Campus. Seven Professors Facing Harassment Accusations. Few Consequences. ProPublica. sexual-harassment-accusations 70 Pazniokas, M. & Rabe Thomas, J. (2013, July 15). UConn discloses sex abuse investigation, initial failure to act. The Mirror. abuse-investigation-initial-failure-act/ Penn State University football coach Jerry Sandusky denies child sex abuse charges. (2011, November 15). The Telegraph. University-football-coach-Jerry-Sandusky-denies-child-sex-abuse-charges.html Pennsylvania Attorney General\u2019s Office. Gerald A. Sandusky Grand Jury Presentment. presentment.html Perkins Coie LLP. (2019). Report of the Independent Investigation: Sexual Abuse Committed by Dr. Richard Strauss at The Ohio State University. Trombino, C. & Funk, M. Phanef, A. & Dirienzo, S. (2019, January 30). 133 Victims: What does Fairfield Owe? The Fairfield Mirror. owe/ Plowman, D. (2019). Chancellor\u2019s Determination Report \u2013 Dr. Henri-Grissino-Mayer. Knoxville, TN. Mayer-Chancellor-Response-with-Report-2.pdf Popli, N. (2019, March 16). Review panel recommends lifetime ban for former U.Va. professor accused of sexual assault. The Cavalier Daily. for-former-u-va-professor-accused-of-sexual-assault Public Statement on Gopal Balakrishnan and Sexual Harassment. (n.d.) Retrieved from 3SZ6IvhQa38VanjkNYyyKx4NrhBmDydS19_dEg_MO3gcQ5azKaSGve0wsaEOJO7De iaaFyU/pub Rabe Thomas, J. (2014, February 4). UConn: We responded correctly to sexual assault reports. The Mirror. assault-reports/ Rabe Thomas, J. (2014, February 26 history of sexual harassment at UConn\u2019s Music Department. The Mirror. harassment-at-uconns-music-department/ Rapuano, K. v. Trustees of Dartmouth College. Case 1:18-cv-01070. (Dis. NH. 2018). Rashbaum, W. & Chen, D. (2018, September 22). John Jay Professors Face Allegations of Drug Sales and Sexual Misconduct. The New York Times. Rev. Eugene J. O\u2019Brien, S.J. (n.d.). Bishop Accountability. accountability.org/assign/OBrien_Eugene_J_SJ.htm Rhodes, D. (2019, September 11). Ex-University of Illinois professor sued for sexual assault, harassment of students. Chicago Tribune. university-of-illinois-professor-lawsuit-20190911-m6pv3r3a4rc3pfvqyeyjnwfgwi- story.html 71 Sanicola, L. (2016, August 16). Accused Prep Teacher Responds to Sexual Assault Allegations. The Fordham Ram. to-sexual-assault-allegations/ Sauder Schelkopf and Lieff Cabraser Announce Class Action Lawsuit Against George Tyndall, M.D., and the University of Southern California for Sexual Assault, Harassment, and Other Serious Offenses. (2018, June 6). Business Wire. Scalise, E. (2019, November 28). Priest Accused of Abuse in New Orleans Housed at Fordham. The Fordham Ram. orleans-housed-fordham/ Scalise, E., Schiaparelli, E., & Keely, A. (2019, January 16). University Addresses Clerical Abuse Allegations After Jesuit Northeast Province Releases List. The Fordham Ram. after-jesuit-northeast-province-releases-list/ Schuette Charges Former Gymnastics Doctor Larry Nassar With Three Counts of 1st Degree Criminal Sexual Conduct. (n.d.). Department of Attorney General. Scott, K. (2019, June 21). List of accused Holy Cross priests includes several with past ties to University of Portland. Catholic Sentinel. Cross-priests-includes-several-with-past-ties-to-University-of-Portland/2/35/38018 Seelye, K. & Saul, S. (2017, October 31). Dartmouth College Professors Investigated Over Sexual Misconduct Allegations. The New York Times. Serven, R. (2017, November 24). Former students accuse UVa professor of sexual harassment. The Daily Progress. uva-professor-of-sexual-harassment/article_0bf309b4-d188-11e7-9959- b76a4eef35f6.html Serven, R. (2017, November 28). New Title complaint filed against Casey. The Daily Progress. against-casey/article_e0d90f8a-d48e-11e7-ac4c-17c0caec27eb.html Serven Smith, R. (2018, December 14 panel finds Casey responsible of inappropriate sexual conduct with student. Richmond Times Dispatch (Virginia). inappropriate-sexual-contact-with/article_b6e7cabf-f4b2-5613-bbb7-8c830dac016b.html Sexual misconduct complaints to be subject of investigation. (2019, January 28). YaleNews. Shaffer, C. (2018, October 19). Number of Nassar accusers approaches 500. Michigan Radio. 72 Slobodzian, J. (2017, November 22). Ex-Drexel neurologist pleads guilty to sex assaults, gets probation. The Philadelphia Inquirer. drexel-neurologist-pleads-guilty-in-sex-assaults-gets-probation-20171121.html Smola, J. (2017, August 22). Ohio University professor resigns after sexual-harassment finding. Columbus Dispatch. professor-resigns-after-sexual-harassment-finding Specht, C. (2019, January 25). High-ranking Buffalo Jesuits revealed as abusive priests Buffalo. abusive-priests Staff Reports. (2018, February 20). Former Drexel neurologist facing sex-assault charges in New York. The Philadelphia Inquirer. drexel-neurologist-facing-sex-assault-charges-in-new-york-20180220.html Stanley, S. (2019, September 5). Message on U.S. Department of Education investigations. statements/2019_community_letters/2019_09_05_message_to_community.html Stasi, L. (2019, October). Secrets and Lies. Harper\u2019s Magazine. State of New Jersey, Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners. (2018). Administrative Action: Final Consent Order. Newark, New Jersey: Nisha S. Lakhani. Student Claims of Abuse Not Reported by Y.U. Leader \u2013 Correction Appended. (2012, December 21). The Forward. not-reported-by-yeshiva-u/ Sullivan & Cromwell LLP. (2013). Report of Sullivan & Cromwell Regarding Allegations of Abuse at Yeshiva University and its Affiliated Schools. New York, NY. Support and Reporting Options. (n.d.). Sutton, B. (2018, January 3). Thomas Roma, Photographer and Columbia University Professor, Accused of Sexual Misconduct [UPDATED]. Hyperallergic. Swaine Washington, J. (2012, July 12). Penn State officials \u2018covered up Jerry Sandusky sexual abuse\u2019. The Telegraph. officials-covered-up-Jerry-Sandusky-sexual-abuse.html Sweigart, J. (2017, March 29). State hearing examiner says local doctor\u2019s license should be revoked. Dayton Daily News. hearing-examiner-says-local-doctor-license-should-revoked/3sLCh1Zjsv1ij90cLlPGwJ/ 73 Sweigart, J. (2017, May 10). Board revokes license of doctor accused of touching two teens\u2019 breasts. Dayton Daily News. license-doctor-accused-touching-two-teens-breasts/5X0EiPurvJV2siboJ4mDGO/ Sweigart, J. (2017, May 14). \u2018Our process failed us,\u2019 says hospital CEO. Dayton Daily News. says/NzgNu08fjUdBXU0OjYrT2K/ Sweigart, J. & Frolik, C. (2017, April 26). Records reveal hospital debate over sexual misconduct allegations. Dayton Daily News. sexual-misconduct-allegations/c84m2QkUN19DaVGSsZPl9N/ Tan, R. (2018, April 27). Penn removes Kurzban from course roster for Fall 2018, says they are investigating allegations. The Daily Pennsylvanian. higher-ed-ivy-league-relationship-penn Tchekmedyian, A. (2019, July 2). Prosecutors face challenges as they move to prove Tyndall allegations, experts say. Los Angeles Times. ln-usc-gynecologist-tyndall-prosecution-20190702-story.html Tepfer, D. (2019, June 7). Fairfield U, others to pay $60 million in sex-abuse settlement Post. 13958297.php The Ohio State University. (n.d.). Strauss Investigation. investigation.html The Ohio State University. (2018, April 5). Investigation underway into allegations of sexual misconduct against former wrestling team physician. underway-into-allegations-of-sexual-misconduct-against-former-wrestling-team- physician/ The Ohio State University. (2018, May 3). Ohio State shares updates on independent investigation of allegations involving former university physician. allegations-involving-former-university-physician/ The Ohio State University. (2018, June 7). Ohio State shares developments in Strauss investigation. investigation/ The Ohio State University. (2018, July 20). University shares updates related to ongoing Strauss investigation. investigation The Ohio State University. (2018, August 16). Ohio State shares updates related to Dr. Richard Strauss. The Ohio State University. (2018, August 30). Trustees received update on Strauss investigation. The Ohio State University. (2018, September 7). Ohio State responds to lawsuits concerning Strauss misconduct. strauss-misconduct/ 74 The Ohio State University. (2018, November 15). Perkins Coie team updates trustees on Strauss investigation. investigation/ The Ohio State University. (2019, May 17). Independent investigation finds Ohio State doctor Richard Strauss abused students from 1979 to 1998. investigation-finds-ohio-state-doctor-richard-strauss-abused-students-from-1979-to-1998 The Ohio State University. (2019, October 1). Strauss investigation: Ohio State convenes task force, releases previously redacted portions of independent report. previously-redacted-portions-of-independent-report/ The Patriot-News. (2012, June 23). Jerry Sandusky verdict: Complete breakdown of charges. The-Patriot News. The Rockefeller University Hospital. (n.d.). Outreach Mailing. New York, NY. The Rockefeller University Hospital. (2018). Rockefeller Hospital Therapy FAQs. New York, NY. AQs%20-%202018-11-13.pdf The Rockefeller University Hospital. (2018). Statement regarding Dr. Reginald Archibald from the Rockefeller University Hospital. New York, NY. 20Dr.%20Reginald%20Archibald.pdf The Rockefeller University Hospital. (2018). Update on Previously Announced Investigation regarding Dr. Archibald from the Rockefeller University Hospital. New York, NY. ously%20Announced%20Investigation%20regarding%20Dr.%20Archibald.pdf The Rockefeller University Hospital. (2018). Update regarding Dr. Reginald Archibald. New York, NY. ald%20-%202018-11-09.pdf The Rockefeller University Hospital. (2019). Letter to former patients. New York, NY. 0Patients.pdf The Triangle News Desk. (2017, October 4). Former Drexel neurologist terminated from university following internal investigation, now faces criminal charges. The Triangle. following-internal-investigation-now-faces-criminal-charges/ The Washington Post. (2019, August 23). Yale professor Eugene Redmond lured students to Caribbean island and sexually assaulted them, university inquiry finds. South China Morning Post. canada/article/3023992/yale-professor-eugene-redmond-lured-students Tierney, R. & Delgado, L. E. (2019). Message from East Asian Languages and Cultures Department and SLCL. School of Literatures, Cultures & Linguistics. 75 department-and-slcl Todd, M. (2018, September 28 Santa Cruz alum tells story behind investigation into professor\u2019s conduct. The Mercury News. into-professors-conduct/ Todd, M. (2019, March 6 professor faces lawsuit by former student over sexual assault allegation. The Mercury News. professor-faces-lawsuit-by-former-student/ U.S. Department of Education. (2018). Program Review Report. PRR.pdf Santa Cruz Newscenter. (2019, September 24). Statement on dismissed faculty member. Santa Cruz: CA: Public Affairs. University of California. (2002). Settlement Agreement and Release of All Claims. USC-5-19-6874.html University of Connecticut. (n.d.) 2013-3014 Personnel Incident. notification/2013-2014-personnel-incident/# University of Connecticut. (2014). Timeline of 2013-14 Events. df University of Illinois. (2016, August 22). Academic Personnel Supplement: Explanatory Notes. Champaign, IL. University of Illinois at Urbana-Champaign. (2016, August 17). Confidential. Champaign, IL: Office of Diversity, Equity, and Access. University of Illinois at Urbana-Champaign. (2017). Confidential Investigative Report: Lee Waldrep \u2013 Sexual Harassment Allegations. Champaign, IL: Office of Diversity, Equity, and Access. ODEA-Report-August-2017.html Urban, S. (2019, August 8). 48 Male Patients Say Doctor Sexually Abused Them \u2013 And The University Was Warned. Buzzfeed News. Urban, S. (2019, August 17 Former Student Said This Campus Doctor Sexually Abused Him, Joining 48 Patients From USC. Buzzfeed News. doctor-accused-by-48-usc Valladares-Cormier, E. (2018, September 18). Franciscan University responds to Church\u2019s sex abuse scandal. The Troubadour: Franciscan University \u2013 Steubenville. scandal/ Wagner, E. (2018, September 17). Former English professor dismissed of sexual harassment claims. The Post: Ohio University. 76 dismiss-claims West, M. (2019, May 23). Rockefeller University Investigation Finds Doctor Abused Many Children. The Wall Street Journal. investigation-finds-doctor-abused-many-children-11558645801 Wilson, R. (2016, February 21). Geoff Marcy\u2019s Downfall. The Chronicle of Higher Education. Winton, R. (2019, July 1). Ex gynecologist George Tyndall pleads not guilty to sexual abuse charges. Los Angeles Times. george-tyndall-arraignment-20190701-story.html Witze, A. (2015, October 14). Berkeley sexual harassment case sparks outrage. Nature News. Wurth, J. (2018, December 16 report: Ex-administrator engaged in \u2018predatory behavior\u2019. The News-Gazette. administrator-engaged-in-predatory/article_b525a4f7-5bd4-576b-b375- 2a6f1da36519.html Wysong, D. (2018, March 7 professor opens up about her role in Garner report. The News Record. in-garner-report/article_db84f530-220e-11e8-bcb7-2f628e6e68c6.html Xingjian Sun, Xing Zhao, & Ao Wang v. Gary Gang Xu. Case No. 2:19-cv-2242. (Cen. Dis. IL. Urbana Div. 2019). Yale releases report of independent investigation of sexual misconduct. (2019, August 20). YaleNews. Retrieved from independent-investigation-sexual-misconduct Yiwei, W. (2018, March 16). Professor Accused of Sexual Abuse to Resign, Says University. Sixth Tone. abuse-to-resign%2C-says-university Zhang, M. (2018, January 4). Photographer Thomas Roma Accused of Sexual Misconduct. PetaPixel. misconduct/ Zigterman, B. (2019, September 11). Lawsuit against former professor spins sordid tale of rape, assault. The News-Gazzette, former-ui-professor-spins-sordid-tale-of-rape/article_7a4d9749-b061-5909-95bc- 00af6ec028f3.html 77 Appendix D: Roundtable Presenters and Topics Roundtable Presenters Affiliation Topic Charge Category Ms. Sage Carson Manager, Know Your Know Your IX: Policy Recommendations Identifying best practices regarding sustainable mechanisms for support and recovery Professor Nancy Chi Cantalupo Assistant Professor of Law, Dwayne O. Andreas School of Law, Barry University Identifying best practices focused on assisting reporting and developing pathways to action Identifying best practices focused on assisting reporting and developing pathways to action Ms. Ju\u2019Riese Col\u1f79n Chief Executive Officer, United States Center for SafeSport Creating Culture Change within the Olympic Movement Enhancing a culture of awareness and compliance Dr. Anne DePrince Professor, Department of Psychology, University of Denver Trauma-Informed, Multidisciplinary Approaches to Supporting Survivors Identifying best practices regarding sustainable mechanisms for support and recovery Dr. Frank Dobbin Henry Ford Professor of the Social Sciences, Department of Sociology, Harvard University Sexual Harassment Prevention Programs are Failing: Can We Do Better? Enhancing a culture of awareness and compliance Dr. Patricia Harned Chief Executive Officer, Ethics & Compliance Initiative Enhancing a Culture of Awareness and Compliance Enhancing a culture of awareness and compliance Ms. Katherine Lasher Associate Vice President, Office of Institutional Equity, The Ohio State University Reporting Sexual Misconduct: Advancing a Community that is Equitable, Fair, and Just Identifying best practices regarding sustainable mechanisms for support and recovery Dr. Donald Tomaskovic-Devey Professor, College of Social & Behavioral Sciences, University of Massachusetts Amherst Organizational Reponses to Sexual Harassment Identifying best practices focused on assisting reporting and developing pathways to action 78 Appendix E: Task Force Membership \uf0b7 Alan Michaels \u2013 Edwin M. Cooperman Chair and Dean Emeritus of the Moritz College of Law, Ohio State (Chair) \uf0b7 Michael Avery \u2013 Ohio State BA, Four-Year Member Men\u2019s Lacrosse Team \uf0b7 Brieanne Beaujolais \u2013 Doctoral student, College of Social Work, Ohio State \uf0b7 Regis Becker \u2013 Board member, U.S. Center for SafeSport \uf0b7 Esther Choo \u2013 Associate Professor of Emergency Medicine, Oregon Health & Science University \uf0b7 Christine Gidycz, PhD \u2013 Professor Emerita of Psychology, Ohio University \uf0b7 Katherine Lasher \u2013 Associate Vice President for Institutional Equity, Ohio State \uf0b7 Janine Oman \u2013 Deputy Director of Athletics, Ohio State \uf0b7 Vincent Roscigno, PhD \u2013 Professor of Sociology, Ohio State \uf0b7 Kimberly Spears-McNatt \u2013 Chief of Police, The Ohio State University Police Division \uf0b7 Deborah Tuerkheimer \u2013 Professor, Northwestern University Pritzker School of Law \uf0b7 Kirsten Duris, Ohio State \u2013 Research and Administrative Assistant", "7295_103.pdf": "Up against the invincible: Breaking the black box By Katherine Gerberich / Senior Staff Photographer As Title interpretations regarding effective institutional response to sexual misconduct shift dramatically on the national stage, universities find themselves struggling to adjust policies for faculty discipline that are, in some cases, centuries old 11, 2019 9:04 Share 2/22/25, 8:17 Up against the invincible: Breaking the black box 1/11 This is part 3 of a three-part series. Go back and read the introduction. Nearly a year after Columbia found neuroscientist Thomas Jessell guilty of sexual misconduct, removed him from all administrative posts, and said his lab was to be dissolved, Jessell remained on campus working with students and using research facilities, Spectator has found. After undergoing negotiations through a mediation and retiring from the University nearly two years ago, former history professor William Harris still has access to campus, and in particular, to resources in Butler Library. He also still lives in his Columbia-owned faculty apartment. Nine months after English professor Michael Golston was found responsible by Columbia\u2019s office for both sexual assault and sexual harassment, neither the complainant who filed the report against him nor faculty within the department have been informed of the full scope of sanctions that he will face. Almost a year later, the complainant still remained unaware whether Golston would continue to have access to campus or teach students, they told Spectator. Golston could not be reached for comment. Because disciplinary measures enforced against tenured faculty are largely handled behind closed doors, almost no one is apprised of the full scope of sanctions a professor may face. For those who serve in advisory roles, a lack of information impedes their ability to accurately inform students of what steps to take, as well as the students\u2019 trust in their oversight. And for those in close proximity to professors who have been found guilty, they must change their routines to avoid encountering them. \u201cWhen we ask victims to change their [lives] and allow individuals that have been found guilty of perpetrating crimes to continue as they were before, we\u2019re kind of further re- traumatizing people whose power has been taken away and sending a message that it\u2019s the responsibility of the victim to fix something that clearly wasn\u2019t their fault,\u201d psychologist and former Title coordinator Brian Mistler said. And the lack of transparency surrounding the settlement process, compounded by the fact that these professors often remain on campus, reinforces a striking idea: tenured faculty on Columbia\u2019s campus are invincible. 2/22/25, 8:17 Up against the invincible: Breaking the black box 2/11 \u201cI\u2019m really not surprised that Jessell remained on campus,\u201d Jackson Welles \u201919 and an undergraduate researcher at the Zuckerman Mind Brain Behavior Institute, said. \u201cMaybe I\u2019m just cynical, but he\u2019s a famous and tenured faculty member. Why would Columbia remove him?\u201d As Title interpretations regarding effective institutional response to sexual misconduct shift dramatically on the national stage, universities find themselves struggling to adjust policies for faculty discipline that are, in some cases, centuries old. In this debate, however, some have argued that challenges to tenure protections pose a threat to the fundamental qualities of academic progress. In response to the Dear Colleague letter under the Obama administration, which outlined new guidelines for Title compliance on campus, the Association of American University Professors went on the offensive. \"The contemporary interpretation, implementation, and enforcement of Title threatens academic freedom and shared governance in ways that frustrate the statute\u2019s stated goals,\" the new report said, written by a joint subcommittee of the association\u2019s Committee on Academic Freedom and Tenure and its Committee on Women in the Profession. But at Columbia, faculty and students alike argue that tenure and academic freedom disproportionately take precedence over the demands that Title places on tenured faculty members. \u201cThe school seems to say, \u2018well we can\u2019t do much,\u2019\u201d said Patrick Bolton, a tenured business school professor who testified in the Ravina trial. \u201cOn the one side, you have the concerns about legal risk with respect to disciplinary actions against a senior faculty, which is the one that the University has really put forward. \u2026 But you have on the other side \u2026 a complaint that hasn\u2019t been properly addressed.\u201d While the University announced publicly that Harris would be stripped of his emeritus status and his involvement in any University activities, the terms of his settlement were not made public. Students have reported they were forced to share tight spaces with Harris in the ancient and medieval studies and papyrology and epigraphy reading rooms in Butler, locations that classics students frequent for research. For many, his presence came as an unwelcome shock. 2/22/25, 8:17 Up against the invincible: Breaking the black box 3/11 \u201cIt makes my skin crawl, and basically can\u2019t even bring myself to look at him or in his direction,\u201d said one classics student on running into Harris in the library. The student spoke to Spectator on the condition of anonymity for fear of retaliation from the University. One faculty member, who works with classics and classical studies students, expressed their frustration over the fact that nothing had been communicated to faculty about the conditions of Harris\u2019 use of campus resources, such as the library. \u201cWhen faculty do not know about arrangements like that, it limits our ability to advise graduate students who look to us to be responsible for their wellbeing and to help them navigate uncertain situations like this. ... It is difficult to credibly assert that this is an institution that takes these things seriously when we as faculty are not given any information about how seriously the institution has taken this issue,\u201d the faculty member, who spoke to Spectator under condition of anonymity due to the sensitive nature of the subject, said. After the University formally announced Jessell\u2019s removal, he was permitted to remain in his lab twice a week for eight hours at a time, according to both a researcher and a faculty member at who has worked in close proximity to the Jessell lab. However, Jessell came in nearly every day for at least a month after restrictions were placed, and though his lab was formally dissolved at the end of May 2018, he continued to work with researchers under his supervision until at least late November of that year. The lab equipment from Jessell\u2019s old lab, housed at the medical campus, was moved into the new building at Jerome L. Greene Science Center in Manhattanville that June. Due to the specificity of scientific research, many projects required Jessell\u2019s continuing assistance, the faculty member said. But students and researchers at were not officially made aware that Jessell would be working in the new building, nor were they informed about how long he would be permitted to continue his work there knew he was around because had seen him didn\u2019t know he would be in the new building because his lab was being dissolved, though I\u2019m not surprised either. We just expected him to continue his work, and the University never said anything about the fact that he was still there,\u201d the researcher, who spoke on the condition of anonymity for fear of retaliation, said. In July 2018, Golston was found responsible for \u201csexual assault: contact\u201d and sexual harassment documents show. But the complainant, who is on indefinite leave from the University, was only informed that Golston would no longer be allowed to 2/22/25, 8:17 Up against the invincible: Breaking the black box 4/11 teach or work with students when they directly reached out to administrators for more information, after nearly a year without any update about his access to campus. By contrast, when untenured photography professor Thomas Roma was accused of sexual harassment by five women in January 2018, the University publicly announced that he was banned from campus just two months later. Within Columbia\u2019s current framework to deal with allegations against tenured faculty, Harris\u2019 retirement embodies, in many ways, the best case outcome\u2014he agreed to effectively leave the University, giving up his teaching duties despite a contractual right to continue working. But the opacity of University decision making processes run contrary to the campus community\u2019s call for transparency. And when students lack faith in the systems that are meant to protect them, they lose hope in the very institutions intended to safeguard their academic and personal growth. \u201cShould the statutes be changed to lower the barriers to removing the rights of tenure in part or in entirety given certain findings of misbehavior, whether it\u2019s sexual misconduct or other types of behavior? That is something that is extremely complex and very emotional kind of issue,\u201d Bollinger said to Spectator in February. \u201cWhether we should take this on or not am uncertain myself at this point.\u201d News editor Karen Xia can be contacted at [email protected]. Follow her on Twitter @xia_karen. Senior staff writer Khadija Hussain can be contacted at [email protected]. Follow her on Twitter @hussainkhadijaa. 2/22/25, 8:17 Up against the invincible: Breaking the black box 5/11 More In News Features When tenure trumps Title IX: 6 takeaways from Spectator\u2019s investigation into faculty sexual misconduct 11, 2019 2/22/25, 8:17 Up against the invincible: Breaking the black box 6/11 Up against the invincible: Breaking the black box 11, 2019 Up against the invincible: Side-stepping the system 11, 2019 Editor's Picks 2/22/25, 8:17 Up against the invincible: Breaking the black box 7/11 Spectator announces 149th managing board 11, 2024 Columbia President Minouche Shafik resigns amid campus turmoil over war in Gaza 14, 2024 2/22/25, 8:17 Up against the invincible: Breaking the black box 8/11 Our Campus. Our Crisis 4, 2024 2/22/25, 8:17 Up against the invincible: Breaking the black box 9/11 sweeps occupied Hamilton Hall, arrests dozens 30, 2024 Dozens occupy Hamilton Hall as pro-Palestinian protests spread across campus 29, 2024 Copyright Spectator Publishing Company. All rights reserved. 490 Subscribe to our newsletter. 2/22/25, 8:17 Up against the invincible: Breaking the black box 10/11 Riverside Drive, Rm 414, New York 10027 Email Address Subscribe About Us Usage Rights Contact Us AdvertiseDonateJoinDEI 2/22/25, 8:17 Up against the invincible: Breaking the black box 11/11", "7295_104.pdf": "The Two-Way National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations 26, 2018 \u00b7 3:30 Merrit Kennedy Artist Chuck Close, shown here in November, has been accused of sexual harassment by multiple women. Brent N. Clarke/Invision 24 Hour Program Stream On Air Now 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 1/12 Updated Saturday at 11:47 a.m The National Gallery of Art in Washington says it has postponed two upcoming solo exhibitions following allegations of sexual misconduct against their artists, Chuck Close and Thomas Roma. Close, a painter and photographer, is best known for his close-up portraits of faces \u2014 many of them famous, such as Brad Pitt and Kate Moss. Roma, a photographer, taught at Columbia University until recently and focuses his work on scenes in Brooklyn, N.Y. Both men have been subjects of recent misconduct allegations by multiple women. The Washington Post reported on Thursday it was the first time the museum had canceled shows because of \"public allegations against the featured artists, according to Anabeth Guthrie, the National Gallery's chief of communications.\" Guthrie confirmed the accuracy of the report to NPR's Elizabeth Blair, but later clarified that the exhibits were being postponed, not canceled Portrait Show Brings Photographer-Subject Encounters Into Focus 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 2/12 \"We have great respect for their work,\" Guthrie said in a statement about the Close and Roma installations. \"Given the recent attention on their personal lives, we discussed postponement of the installations with each artist. All parties involved acknowledged that it is not the appropriate time to present these installations.\" Close's exhibition had been scheduled to open in May, and Roma's was slated for September. After the postponement, the National Gallery did not say when they expect to show their installations. Close reportedly sexually harassed women who came to pose for him in his studio, according to reports published in The New York Times and Huffington Post. The allegations detail him unexpectedly asking multiple women to pose nude for him, in some cases asking intimate questions about personal grooming and making lewd comments about a woman's vagina. Close himself cast doubt on the accounts never reduced anyone to tears, no one ever ran out of the place. If embarrassed anyone or made them feel uncomfortable am truly sorry didn't mean to acknowledge having a dirty mouth, but we're all adults,\" he told the Times. Roma repeatedly made sexual advances on female students, according to five of his accusers who spoke on the record to the Times. The newspaper writes that a lawyer for Roma \"disputes any suggestion that his behavior was ever coercive.\" 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 3/12 News without the noise Our journalists summarize the biggest stories in the Up First newsletter so you can stay informed, not overwhelmed. See more subscription options By subscribing, you acknowledge and agree to NPR's Terms of Use and Privacy Policy may share your name and email address with your station. See Details. Email address More Stories From As Elizabeth reported, \"Roma retired from his position at Columbia the day after the Times report was published.\" NPR's Amy Held contributed to this report national gallery sexual misconduct 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 4/12 Trump administration plans mass firing at office that funds homelessness programs How many fourth-graders does it take to make a podcast? Here's what we learned 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 5/12 Federal prisons prep to move trans inmates as early as next week Trump fires the chairman of the Joint Chiefs of Staff 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 6/12 Judge largely blocks Trump's executive orders ending federal support for programs settles defamation lawsuit with doctor falsely labeled \"uterus collector\" 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 7/12 Popular on NPR.org Hamas releases Israeli hostages, returns remains of Shiri Bibas 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 8/12 Luigi Mangione's lawyer claims he was searched illegally during arrest host Adrian Ma remembers his girlfriend who died in D.C. plane crash The rise and fall of Long Term Capital Management From the history of the banjo to the Texas oil industry, check out these new podcasts Why independent agencies were created to be independent Editors' Picks Elon Musk blurs the line between his government and business roles 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 9/12 Here's what to know about Germany's election this Sunday Want to reduce soreness after a workout? Make time for this 4-step routine 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 10/12 battle-scarred Drake tries making love, not war Arab leaders huddle in Saudi Arabia in pushback to Trump's Gaza plans Federal judge hears arguments to decide the future of Trump's federal funding freeze Home News Culture Music Podcasts & Shows Newsletters Facebook Instagram Press Public Editor Corrections Contact & Help 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 11/12 Overview Diversity Network Accessibility Ethics Finances Support Public Radio Sponsor Careers Shop Events Extra terms of use privacy your privacy choices text only \u00a9 2025 npr 2/22/25, 8:17 National Gallery Delays 2 Upcoming Shows After Sexual Misconduct Allegations : The Two-Way 12/12", "7295_105.pdf": "Thomas Roma Thomas Roma (formerly Thomas Germano; born 1950) is an American photographer who has worked almost exclusively since 1974 exploring the neighborhoods and institutions of his native Brooklyn, photographing scenes from churches, subways and everyday life. His work, made almost exclusively using a homemade camera, has received widespread acclaim. Roma's work is in the permanent collections of the Museum of Modern Art, San Francisco Museum of Modern Art, Art Institute of Chicago, and Los Angeles County Museum of Art. Roma was a founder of the Department of Photography at Columbia University's School of the Arts and was head of the Department until his retirement in 2018.[1] Roma has also taught photography at Yale, Fordham, and Cooper Union.[2] He has been awarded two Guggenheim Fellowships and his work has appeared in one-person exhibitions at the Museum of Modern Art (MOMA) and the International Center of Photography in New York City.[2] For his collections of black-and-white photographs Come Sunday, exhibited at in 1996, Roma attended more than 150 religious services at 52 black churches in Brooklyn over a period of three years.[3] Come Sunday is one of Roma's best-known works, along with a collection of photographs at people in the Brooklyn courthouses.[2] In the Vale of Cashmere (2015) contains landscape and portrait photographs at a gay cruising ground in Brooklyn, New York, made over more than 3 years.[4][5][6][7] In 1972, inspired by a Voigtl\u00e4nder Bergheil camera used by Brassa\u00ef, Roma created a prototype medium format 6 cm \u00d7 9 cm (2.4 in \u00d7 3.5 in) camera, which he used for most of his career. After pictures taken with it won a 1973 New York State Council for the Arts grant, he began selling his cameras under the name \"Siciliano Camera Works\". Siciliano also manufactured a 35mm hand-held panoramic camera.[8][9] On January 3, 2018, The New York Times published an article about allegations made by five former students from Columbia University and School of Visual Arts, in which they accused Roma of sexual misconduct.[10][11][12] Life and work Siciliano Camera Works Reported allegations of sexual misconduct 2/22/25, 8:17 Thomas Roma - Wikipedia 1/4 Through an attorney, Roma issued a statement about the accusations: \"The statements they [the five women] are making about his asserted misconduct are replete with inaccuracies and falsehoods. All four [five] have taken isolated, innocent incidents, none of them predatory, and have created fictitious versions of reality that are libelous and in the present political climate designed to damage his career and his personal life. Professor Roma\u2019s sympathies then and now lie with those who have been mistreated in any way and he completely fails to understand why these women have chosen to create these complaints two decades after the alleged facts supposedly occurred.\" Roma retired from teaching from Columbia University on January 3, 2018, the day New York Times story broke.[13][14] The National Gallery of Art cancelled an exhibition of Roma's work, scheduled to open May 2018, because of the accusations.[15] Roma is married to Anna Friedlander, daughter of photographer Lee Friedlander. They have one son, Giancarlo T. Roma. Come Sunday (1996). With an introduction by Henry Louis Gates, Jr. Found in Brooklyn (1996). With an introduction by Robert Coles Sunset Park (1998). With an introduction by Ian Frazier. Higher Ground (1999) Enduring Justice (2001). With an introduction by Norman Mailer. Sanctuary (2002) Show & Tell (2002). With and introduction by Henry Louis Gates, Jr. Sicilian Passage (2003). With an introduction by John Szarkowski. In Prison Air, The Cells of Holmesburg Prison (2005) On Three Pillars (2007). With text by Phillip Lopate. House Calls (2008). With William Carlos Williams. With an accompanying text by Robert Coles. Dear Knights and Dark Horses (2010). With an introduction by Alec Wilkinson. The Waters of Our Time (2014). With a collaborative text by Giancarlo T. Roma. In the Vale of Cashmere (2015). With an introduction by G. Winston James.[4] Plato's Dogs (2016). With an introduction by Giancarlo T. Roma. Roma's work is held in the following permanent public collections: Museum of Modern Art, New York[16] San Francisco Museum of Modern Art, CA[17] Personal Books by Roma Collections 2/22/25, 8:17 Thomas Roma - Wikipedia 2/4 Art Institute of Chicago, CA[18] Los Angeles County Museum of Art, CA[19] 1. Sutton, Benjamin. \"Thomas Roma, Photographer and Columbia University Professor, Accused of Sexual Misconduct [UPDATED]\" ( ct-accusations/). Hyperallergic. Retrieved 22 November 2022. 2. Moynihan, Colin (3 January 2018). \"Thomas Roma, Photographer and Professor, Accused of Sexual Misconduct\" ( nduct.html). The New York Times 0362-4331 ( Retrieved 2019-05-12. 3. Come Sunday: Photographs By Thomas Roma ( elease_386929.pdf) (press release), Museum of Modern Art, April 4\u2013June 18, 1996. 4. \"Thomas Roma's Beautiful Photos of a Brooklyn Gay Cruising Ground\" ( article/kwx5w9/thomas-roma-vale-405). Vice. Retrieved 2021-02-06. 5. \"In the Vale of Cashmere: a secret world in Prospect Park \u2013 in pictures\" ( com/artanddesign/gallery/2015/oct/16/in-the-vale-of-cashmere-portraits-gay-bisexual-men-in-pictu res). The Guardian. 16 October 2015 0261-3077 ( 7). Retrieved 2021-02-06. 6. Dunne, Carey (20 October 2015). \"In the Vale of Cashmere: Prospect Park's Hidden World of Gay Cruising\" ( of-gay-cruising/). Hyperallergic. Retrieved 2021-02-06. 7. Meyers, William (13 November 2015). \"From the Vale of Cashmere to 19th-Century Persians\" (htt ps:// Wall Street Journal 0099-9660 ( Retrieved 2021-02-06. 8. Leifheit, Matthew (May 8, 2014). \"Thomas Roma: 'The Waters of Our Time' \" ( m/en/article/bn578q/thomas-roma-the-waters-of-our-time). Vice. Retrieved January 19, 2023. 9. Eskin, Blake (May 1, 2002). \"Taking the Local\" ( e-local-63/). ARTnews. Retrieved January 19, 2023. 10. Moynihan, Colin (3 January 2018). \"Thomas Roma, Photographer and Professor, Accused of Sexual Misconduct\" ( nduct.html). The New York Times. 11. \"Thomas Roma, Photographer and Columbia University Professor, Accused of Sexual Misconduct\" ( Hyperallergic. 2018-01-03. Retrieved 2018-01-04. 12. \"Photographer Thomas Roma Accused of Sexual Misconduct\" ( hotographer-thomas-roma-accused-sexual-misconduct/). PetaPixel. 2018-01-04. Retrieved 2018-01-05. 13. Moynihan, Colin (2018). \"Columbia Professor Accused of Sexual Misconduct Retires\" ( w.nytimes.com/2018/01/04/arts/design/thomas-roma-columbia-retires.html). The New York Times 0362-4331 ( Retrieved 2018-01-04. 14. \"Photography professor Thomas Roma retires amid allegations of sexual misconduct - Columbia Daily Spectator\" ( hy-professor-thomas-roma-retires-amid-allegations-of-sexual-misconduct-by-former-students/). Retrieved 2018-01-05. References 2/22/25, 8:17 Thomas Roma - Wikipedia 3/4 15. Colin Moynihan And Robin Pogrebin. \"The National Gallery of Art Cancels a Chuck Close Show After Misconduct Accusations\" ( f-art-cancels-chuck-close-thomas-roma-sexual-misconduct.html), The New York Times, January 26, 2018. Retrieved on January 27, 2018. 16. Thomas Roma, Museum of Modern Art ( 17. Thomas Roma ( 18. Thomas Roma, Art Institute of Chicago ( 19. Thomas Roma at ( D=bm_field_has_image%3Atrue&f%5B1%5D=sm_field_artist%3Anode%3A155606) \u201cFrom street stoops to courtrooms, Thomas Roma explores public and private lives in his native Brooklyn,\u201d by Blake Eskin, ArtNews, May 2002 ( 2) Official website ( The Waters of Our Time facebook page ( Retrieved from \" External links 2/22/25, 8:17 Thomas Roma - Wikipedia 4/4", "7295_106.pdf": "News Thomas Roma, Photographer and Columbia University Professor, Accused of Sexual Misconduct [UPDATED] The accusations against Roma, a documentary photographer who is also the director of the photography program at Columbia University\u2019s School of the Arts, were all made by former students. Benjamin Sutton January 3, 2018 Thomas Roma giving at talk at Columbia University in 2014 (screenshot via YouTube) Five women have come forward accusing Thomas Roma, a photographer and professor, of sexual misconduct. The incidents they outlined in interviews with the New York Times mostly occurred in the 1990s while the women were students of Roma\u2019s at Columbia University and the School of Visual Arts (SVA) in New York. Thomas Roma giving at talk at Columbia University in 2014 (screenshot via YouTube) One of the women, actress Mozhan Marno \u2014 who was an 18-year-old sophomore at Barnard College at the time of the alleged incident in 1999 \u2014 subsequently filed a written complaint to Columbia, where Roma has been teaching since 1996. An investigative panel concluded that she and Roma had been complicit in the encounter. The University failed to investigate Roma\u2019s behavior further, according to Marno; he still teaches at Columbia, where he serves as the director of the School of the Arts\u2019 photography program. The four other women who spoke to the Times on the record were all students at SVA, where Roma taught for many years, and one was subsequently also his teaching assistant at Columbia. That woman, Ash Thayer, an artist and filmmaker now based in Los Angeles, claims Roma forced himself upon her in his office at Columbia in 1999, putting his penis in her mouth despite her repeated exclamations of \u201cno.\u201d She quickly pushed him away and fled froze,\u201d Thayer told the Times. \u201cHe committed oral rape against me.\u201d Allison Ward, a student of Roma\u2019s at in the mid-1990s, said they had several sexual encounters. Though she said she was not forced in any of the incidents, she did describe Roma\u2019s behavior as \u201cpredatory\u201d and added that she \u201cwas mortified and embarrassed but went along with it.\u201d Despite the apparent pattern of behavior described by these former students of his at SVA, a spokesperson for the school said that it \u201cdoes not have a record of any complaints against Mr. Roma.\u201d \u201cIt is our standard practice to investigate whenever we receive a report that a faculty member may have sexually harassed a student,\u201d Suzanne Goldberg, the executive vice president for university life at Columbia, told the Times, adding that the university forbids faculty members from having sexual relationships with students whom they oversee. (In 2014, the university\u2019s policies on sexual assault on campus became the subject of nationwide debate during then-student Emma Sulkowicz\u2019s performance art piece, \u201cCarry That Weight.\u201d) Though Roma did not respond to the allegations himself, his lawyer, Douglas Jacobs, told the Times: The statements they are making about his asserted misconduct are replete with inaccuracies and falsehoods. \u2026 All four have taken isolated, innocent incidents, none of them predatory, and have created fictitious versions of reality that are libelous and in the present political climate designed to damage his career and his personal life. Professor Roma\u2019s sympathies then and now lie with those who have been mistreated in any way and he completely fails to understand why these women have chosen to create these complaints two decades after the alleged facts supposedly occurred. \u00a9 2025 Hyperallergic Contacted by Hyperallergic, Roma\u2019s gallerist, Steven Kasher, declined to comment on the allegations. Roma is a successful documentary photographer who has taught extensively at Columbia, SVA, Yale University, the Cooper Union, Fordham University, and elsewhere. He has published more than a dozen books \u2014 most recently Plato\u2019s Dogs (2016) \u2014 many of them focusing on specific communities in his native Brooklyn. His work is in the collections of the Museum of Modern Art, the San Francisco Museum of Modern Art, the Art Institute of Chicago, Los Angeles County Museum of Art, and many other institutions. He is married to Anna Roma, the daughter of modern photography pioneer Lee Friedlander. Update, 1/4/2018, 10am EST: Roma has announced his retirement from the School of the Arts, effective immediately, a Columbia University spokesperson told Hyperallergic. Hyperallergic is committed to reporting on sexual harassment in the art world. If you have a story about personal or institutional abuse in our field, please write to Claire Voon at [email protected].", "7295_107.pdf": "Call Kardell Law Group \uf095214-306-8045 Home / Another Columbia Professor Resigns in Wake of Sexual Misconduct Allegations We represent victims of reverse discrimination and anti whistleblowers Another Columbia Professor Resigns in Wake of Sexual Misconduct Allegations posted: Apr. 02, 2018 Steve Kardell Employee Rights misconduct at universities, Patterns of harassment, Sexual Misconduct Allegations The string of high-profile sexual misconduct allegations has not been limited to the entertainment and media industries. Columbia University has now lost two professors to accusations of sexual misconduct and harassment, and is one of many universities across the nation that have undergone intense investigations into harassment by school officials and faculty. Thomas Roma, who served as the director of Columbia\u2019s photography program for nearly 22 years, resigned after five women accused him of sexual harassment. According to reports in the New York Times, the university had actually investigated the allegations when they were originally made more than 15 years ago. In at least one case, the school found both the victim and Roma were responsible for the incident. Patterns of harassment, misconduct at universities This latest incident is part of a larger national pattern of sexual misconduct by university officials and faculty. Elsewhere, Todd Heatherton resigned as a visiting scholar at New York University after investigations revealed sexual misconduct during his days as a psychology professor at Dartmouth College. Norman Pattiz, who served on the University of California Board of Regents, announced his resignation over revelations that he sexually harassed an employee of his radio company. In another case, a report by the University of Wisconsin-Milwaukee student paper, Media Milwaukee, found that 37 faculty and staff at the school have been accused of sexual harassment or assault since 2013. Investigations revealed violations in 11 of those cases, with two still pending. Victims of sexual harassment and assault in the workplace have the right to speak up and hold guilty parties accountable. For further guidance on your legal options as a victim of workplace harassment, speak with an experienced Dallas attorney at Whistleblower Law for Managers. Contact The Firm Name * Email * Phone 1 2/22/25, 8:17 Another Columbia Professor Resigns in Wake of Sexual Misconduct Allegations 1/3 Message * Call Kardell Law Group \uf095214-306-8045 \uf09a \uf099 \uf0e1 \ue93f \ue940 \uf002 Whistleblower Law For Managers is located in Dallas and serves clients in and around Dallas, Irving, Mesquite, Richardson, Garland, Sunnyvale, Lancaster, Desoto, Hutchins, Sachse, Rowlett, Wilmer, Wylie, Euless, Arlington, The Colony, Grapevine, Seagoville, Collin County, Dallas County, Denton County, Ellis County, Kaufman County, Rockwall County and Tarrant County. Our Location Whistleblower Law For Managers Address 4514 Cole Ave., Suite 600 Dallas 75205 Get Directions Enter your zip code 1 2/22/25, 8:17 Another Columbia Professor Resigns in Wake of Sexual Misconduct Allegations 2/3 Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] See our profiles at Lawyers.com and Martindale.com Martindale-Hubbell and martindale.com are registered trademarks Preeminent and Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of Sub I, LLC, used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright \u00a9 2025 Sub I, LLC. All rights reserved 1 2/22/25, 8:17 Another Columbia Professor Resigns in Wake of Sexual Misconduct Allegations 3/3", "7295_108.pdf": "Sexual harassment Benjamin Sutton January 26, 2018 National Gallery of Art Indefinitely Postpones Chuck Close and Thomas Roma Shows Following accusations of sexual misconduct against Close and Roma, the National Gallery of Art has postponed solo presentations of their works. Claire Voon and Jillian Steinhauer January 16, 2018 Four More Women Allege Sexual Misconduct by Chuck Close In the wake of recent sexual harassment allegations against Close, four additional women have shared the stories of their encounters with the artist \u2014 including one who says he touched her. Benjamin Sutton January 3, 2018 Claire Voon December 20, 2017 Thomas Roma, Photographer and Columbia University Professor, Accused of Sexual Misconduct [UPDATED] The accusations against Roma, a documentary photographer who is also the director of the photography program at Columbia University\u2019s School of the Arts, were all made by former students. \u201cLast Time Looked, Discomfort Was Not a Major Offense\u201d: Chuck Close Addresses Sexual Misconduct Allegations Close explained his behavior after several women accused him of sexual misconduct during visits to his studio. Claire Voon December 20, 2017 Renowned Artist Chuck Close Under Fire for Alleged Sexual Misconduct [UPDATED] Two women have come forward accusing Close of sexual misconduct, claiming he made vulgar comments to them after inviting them to his studio to pose for him. Benjamin Sutton December 19, 2017 Claire Voon December 18, 2017 Knight Landesman and Artforum Move to Dismiss Lawsuit Sparked by Sexual Harassment Allegations On Monday, Landesman filed a motion calling for the dismissal of a lawsuit brought by a former Artforum employee, Amanda Schmitt, who claims he sexually harassed her. Jewish Museum Terminates Jens Hoffmann Following Sexual Harassment Investigation [UPDATED] After investigating sexual harassment allegations recently brought forth by staff members, the Jewish Museum announced today that it has ended its relationship with Hoffmann. Benjamin Sutton December 14, 2017 Russell Simmons Resigns from Rush Arts Foundation Amid Rape Allegations Following allegations of sexual harassment and assault, Simmons has left his position as co-chairman of the board of the Brooklyn-based arts nonprofit. Claire Voon December 4, 2017 Coco Fusco November 14, 2017 Jewish Museum Investigating Sexual Harassment Claims Against Curator Jens Hoffmann [UPDATED] The institution has suspended all current projects with Hoffmann, who served as its director of special exhibitions and public programs. How the Art World, and Art Schools, Are Ripe for Sexual Abuse The art world is structured in a way that enables abuses, and the problem is especially acute at art schools. Hrag Vartanian October 30, 2017 1 2 \u00a9 2025 Hyperallergic Over 1,800 Artists and Art Workers Sign Letter Against Sexual Harassment 2] The public letter criticizes \u201can art world that upholds inherited power structures at the cost of ethical behavior.\u201d", "7295_109.pdf": "She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment An Ivy League school found a professor responsible for sexually harassing his student, then kept him employed for two more decades. The school has changed its policies since then, but what happens to the still-employed professors who were let off the hook by old rules? Ema O'Connor BuzzFeed News Reporter Davey Alba BuzzFeed News Reporter Updated on March 2, 2018 at 1:08 pm Subscribe to BuzzFeed Daily Newsletter Kate Bubacz / BuzzFeed News 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 1/21 Posted on March 1, 2018 at 10:48 am In the fall of 1998, Mozhan Marn\u00f2, then a Barnard College sophomore, entered her 48-year-old photography professor\u2019s office for a final one-on-one critique for the semester. The professor, Thomas Roma, told her he had been thinking about her a lot lately. She asked him what about, and he responded that he couldn\u2019t say. \u201cPeople get in trouble for those kinds of things,\u201d he said, according to a sexual harassment complaint Marn\u00f2 \u2014 then known as Mozhan Navabi \u2014 would later file with Columbia University. \u201cWhat kind of trouble?\u201d she asked. \u201cPeople lose their jobs.\u201d By the time she left his office that day, Roma would tell her that he didn\u2019t have to see a seminude self-portrait she submitted for class again because \u201che knew exactly what it looked like.\u201d The next semester, Roma would pursue Marn\u00f2 aggressively, at one point inviting her to his office, where he would kiss her, undress her, and put her hand on his penis. Their affair was consensual, Marn\u00f2 said, but manipulative and an abuse of his power. She eventually reported him to the university 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 2/21 After that, Roma would continue to work at Columbia for two more decades. At the time, Columbia\u2019s policy \u2014 like that of many schools \u2014 did not prohibit the 48-year-old Roma from propositioning his 18-year-old student. In fact, the university did not restrict professor-student relationships at all until 2012. With such relationships permissible by default, it was up to Columbia to decide only after the fact, and only after a student filed a complaint, whether a relationship was predatory \u2014 to, in other words, be reactive to misconduct rather try to prevent it before it happened. Thomas Roma TEDx Talks / Via youtube.com 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 3/21 In Marn\u00f2\u2019s case, a Columbia panel determined that she had \u201cprovoked and contributed to\u201d her professor\u2019s actions, and offered to \u201cexpunge\u201d Roma\u2019s records if the university was not made aware of any similar complaints within two years. At that point, the school already knew of at least three complaints, interviews and documents obtained by BuzzFeed News show. In January, Roma \u201cvoluntarily\u201d retired after the New York Times revealed a pattern of sexual misconduct with Marn\u00f2 and four other students. BuzzFeed News obtained Marn\u00f2\u2019s original sexual harassment complaint, as well as dozens of documents detailing the school\u2019s internal analysis, investigations, and policies concerning sexual harassment and gender-based discrimination, and interviewed more than 40 Columbia students, faculty, and administrators about their experiences from the 1990s to the present. These documents and interviews indicate that Columbia leadership knew that Roma, a powerful and well-connected professor who brought funding into Columbia, had a pattern of having inappropriate relationships with students, but kept him employed at the university for decades. They also pose critical questions about what universities should do now about past misconduct, and the power dynamics inherent in professor-student relationships \u2014 even consensual ones. \u201cIn academic settings, young women can feel as if they have equal power with their professors, but it\u2019s an illusion,\u201d Ann Olivarius, whose law firm, McAllister Olivarius, is among the most well-known firms to handle sexual misconduct cases against U.S. universities, told BuzzFeed News. \u201cThe whole circumstance means they are in an inferior position, and while they may feel their consent is uncoerced, the professor retains power over them that provides the fundamental basis of his possible sexual access.\u201d In a BuzzFeed News survey of 25 universities around the country, 17 had no explicit ban on professors having a romantic relationship with undergraduates of the school who are not in their classes. At Columbia, professors are not prohibited from having relationships with students that they do not \u201cexercise academic or professional authority\u201d over. (In February, after Roma\u2019s retirement and detailed inquiries from BuzzFeed News pertaining to the university's policy, Columbia President Lee Bollinger told the Columbia Spectator he intended to ban all professor-undergraduate relationships.) \u201cThese policies vary among universities, but experience shows almost none is strong enough to protect students,\u201d said Olivarius. \u201cIt\u2019s the students, usually women, who pay the price,\u201d Olivarius continued. \u201cWe think the right approach for universities is to ban faculty relationships with undergraduates and with graduate students in the same department, which right now is rare.\u201d As more and more women are speaking out about past experiences of sexual misconduct, these schools are left to grapple with how to treat professors like Roma: powerful, respected figures who engaged in behavior that was not necessarily uncommon or against the rules at the time, but might now fall under the umbrella of sexual misconduct by today\u2019s standards. Often the most powerful professors in a university are ones who have been at the school throughout many years and many policy changes. If allegations arise, should a school punish them based on the standards of when the incidents occurred, or the standards of today? Columbia, for one, hasn\u2019t yet figured it out. \u201cAllegations of misconduct in the past [are] obviously very complicated,\u201d Bollinger told the student newspaper. \u201cThey may not have violated policies. How do you deal with change of mores? How serious was it? What are the possible \"In academic settings, young women can feel as if they have equal power with their professors, but it\u2019s an illusion.\" 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 4/21 consequences of this fact being known now? Is somebody a threat to current students because [of] what you now know? There\u2019s no simple answer.\u201d Roma did not respond to multiple phone calls and emails from BuzzFeed News, nor to a list of detailed questions sent to him and his lawyer. His lawyer, Douglas Jacobs, told the New York Times that the allegations against him were false and defamatory. In a statement, Columbia University spokesperson Scott Schell told BuzzFeed News that \u201cColumbia treats sexual harassment of students by faculty with the utmost seriousness, as reflected by the fact that Thomas Roma is no longer employed by Columbia, nor will he be permitted on our campus again or allowed to attend off campus Columbia events. Our first and highest priority is the safety and security of our students.\u201d \u201cWe certainly recognize the magnitude of past events reported here and their continued impact for all involved,\u201d Schell\u2019s statement continued. \u201cBut they are not reflective of ... current leadership, culture, policies, personnel or approach Roma \u2014 who has presented work at New York City\u2019s Museum of Modern Art, and who married into the influential family of famous photographer Lee Friedlander \u2014 came to Columbia in 1996 as part of a $300,000 grant from Howard Stein, the former of the Dreyfus Corporation, to head a new photography department at Columbia. The chair of Columbia\u2019s visual arts department at the time, Allan Hacklin, told BuzzFeed News that Columbia did not have a photography department before Roma, and that the grant to start the department was \u201cconditional\u201d on Roma being hired as the professor to lead it. Roma was a star, and Marn\u00f2 was flattered by his attention when he asked her, in that 1998 meeting, if the two of them should have an affair. Throughout the following spring, Roma repeatedly made comments about how attracted he was to her and how the semester was \u201cgoing to be weird\u201d because of their relationship 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 5/21 Eventually, Marn\u00f2 said, Roma suggested that they have \u201ca little bit of contact\u201d in his office \u2014 with the door closed. According to her complaint, they kissed and he undressed her, with her consent. Out of embarrassment, she didn\u2019t tell Columbia that he also unzipped his pants and put her hand on his penis. Afterward, Roma told her it would be a good idea if they didn\u2019t have sexual contact again \u2014 \u201cuntil possibly when he was no longer my teacher,\u201d Marn\u00f2 said in her complaint. She was relieved \u2014 but Roma continued to insinuate his desire for her. At one point, she said, he told her she had to leave his office immediately because she was wearing a \u201csuch a great sweater.\u201d According to her complaint, Marn\u00f2 came to feel manipulated by the powerful professor. Roma \u201cnot only initiated this relationship, but he led and controlled it from beginning to end,\u201d she wrote. She started to question her abilities as a photographer began having more and more difficulty discerning whether the critiques reflected how he felt about me personally,\u201d she wrote, \u201cor the quality of the work itself.\u201d Reached for comment by BuzzFeed News, Marn\u00f2, who is now a professional actor, told BuzzFeed News that she \u201cwas infatuated with him, but that experience freaked me out was really fragile about it was embarrassed felt stupid felt icky,\u201d she said. For the rest of her time at Columbia, she avoided Roma, but was hesitant to report the incident, worried about the Columbia community\u2019s official and unofficial reactions knew they would say, \u2018She\u2019s over 18, so what\u2019s the big deal?\u2019\u201d she told BuzzFeed News. But after another student told her she\u2019d had a similar relationship with Roma, she decided that reporting the behavior was worth the risk. (The student remained anonymous in the written complaint, and BuzzFeed News was unable to reach her. But both Marn\u00f2 and the assistant dean of Columbia\u2019s School of Arts at the time, Jana Fay Ragsdale, said they remember speaking with her knew they would say, \u2018She\u2019s over 18, so what\u2019s the big deal?\u2019\u201d 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 6/21 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 7/21 So in her senior year, in 2000, Marn\u00f2 filed a sexual harassment complaint against Roma came to the realization,\" she wrote, \"that should never have been put in the place to have had experienced any of those things, and thus, it should not have been allowed to happen.\" According to copies of Marn\u00f2\u2019s complaint, the university hearing panel\u2019s response, and a 1999 faculty affairs committee report obtained by BuzzFeed News, at the time of Marn\u00f2\u2019s complaint, Columbia had been made aware of two other students who said Roma had \u201cacted in a sexually inappropriate manner\u201d toward them, as well as another anonymous student Marn\u00f2 included in her complaint. In his response to Marn\u00f2\u2019s complaint, Roma acknowledged that he and his student had kissed, but denied many of Marn\u00f2\u2019s other allegations and said he \u201cdoes not believe her educational pursuits have suffered.\u201d In the end, a panel of faculty members found Roma responsible for sexually harassing Marn\u00f2. But they also determined that Marn\u00f2 \u201cprovoked and contributed to\u201d Roma\u2019s actions. Roma was told to continue going to a therapist, and to attend \u201cworkshops or courses\u201d specific to \u201cincreas[ing] his understanding of the developmental issues extant with late adolescent/early adult undergraduate students, especially with regard to their sexual and cognitive identities, as opposed to the greater expected maturity of graduate students.\u201d Marn\u00f2\u2019s complaint would be kept in a confidential file for two years, the length of Columbia\u2019s photography program. After that, if no \u201csimilar incidents\u201d were reported to the school, the file should be expunged, the panel wrote. Meanwhile, Columbia told Marn\u00f2 that if she wanted to keep taking photography, she could take classes at another university. The school would make an exception to its usual policy for her, it said, and allow her to transfer the credits. Columbia did not acknowledge the second student mentioned in Marn\u00f2\u2019s complaint don't think placed much faith in the educational system after that,\u201d Marn\u00f2 told BuzzFeed News, two decades later didn't forge personal relationships with teachers didn't invest in the place as a whole.\u201d From then on, Marn\u00f2 viewed having mentor relationships with men impossible. In response to questions from BuzzFeed News, Columbia would not say whether it did, in fact, expunge Roma\u2019s record as the panel recommended. Columbia added that under current practice, the university does not expunge records, and that it had not done so in the memory of administrators working on sexual harassment cases today. Ragsdale, the former assistant dean at Columbia\u2019s School of the Arts who helped Marn\u00f2 file a complaint, told BuzzFeed News last month that she felt \u201cdefeated and disillusioned\u201d by the way Columbia handled Marn\u00f2\u2019s complaint. \u201cIt felt as though had failed Mozhan and the other student,\u201d Ragsdale said was disappointed and disturbed enough that at the beginning of the #MeToo movement, Mozhan was the first person that came to my mind, over 17 years later.\u201d Actor Mozhan Marn\u00f2 at the Crooked House New York Premiere at Metrograph on Dec. 13, 2017, in New York City. Theo Wargo / Getty Images 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 8/21 An entrance to Columbia University's upper Manhattan campus. Kate Bubacz for BuzzFeed News In interviews with BuzzFeed News, four women in addition to those who spoke to the Times said they were sexually harassed by Roma: two at Columbia, one at Yale University, where he served as a lecturer from 1983 to 1989, and one at the School of Visual Arts in New York City, where he was a professor from 1983 until coming to Columbia in 1996. Many of the students\u2019 experiences follow a similar pattern: Roma gave them special attention in class and made repeated comments about their physical appearance. He told them that he \u201ccouldn\u2019t stop thinking\u201d about them, and then sexually propositioned them. Professor-student relationships were not expressly forbidden at Yale and Columbia when Roma taught there. In all cases but Marn\u00f2\u2019s, the student did not make a complaint, often out of a fear about how universities would handle it. 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 9/21 In 1985, Roma invited Carrie Baker, then a 19-year-old undergraduate at Yale, to his apartment under the pretext of meeting up before joining others for drinks. There, he got down on his knees, Baker said, and propositioned her for sex, which she refused. In an interview, she told BuzzFeed News she found his behavior \u201ccoercive\u201d and \u201cabusive former student told BuzzFeed News that in 1995, Roma professed his love to her one day after class. The student \u2014 who is now a working photographer and requested anonymity for fear of professional retribution \u2014 said she was \u201cflattered\u201d because she wanted \u201ca mentor relationship\u201d with him. The two started meeting for coffee dates, where Roma would discuss the logistics of them having an affair and \u201ccreepily rub my arm and caress my neck and stuff,\u201d she said. He would sometimes interrupt class to tell her to meet him in the hall, where he would ask her to kiss him. Eventually, she discovered he\u2019d been behaving similarly with many other students, and felt manipulated and repulsed, she said 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 10/21 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 11/21 was crushed,\u201d she told BuzzFeed News, \u201cbecause this guy had on a pedestal turned out to be no better \u2014 in fact far worse \u2014 than all the other men in my life.\u201d After she made it clear that she was not going to sleep with him, she said, he started \u201cgetting really nasty to me in class did not return multiple requests for comment from BuzzFeed News on its policy on professor-student relationships when Roma was a professor in the '90s, but the school\u2019s current policy states that exceptions may be granted in \u201cextraordinary circumstances.\u201d Three more of Roma\u2019s students \u2014 Allison Ward, Angela Cappetta, and Ilana Rein \u2014 recalled having negative sexual encounters with Roma to the Times. Ward described the encounters as consensual but \u201cpredatory.\u201d Cappetta and Rein described Roma placing their hands on his crotch. Cappetta also described him asking repeatedly to take her portrait in her home, touching her breast, and asking her to have sex with BuzzFeed News 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 12/21 him, which she declined spokesperson for told BuzzFeed News that it does not have a record of any complaints against Roma when he taught there. Yale would not say whether it had record of complaints against Roma. Sarah Stevens-Morling, a spokesperson for Yale\u2019s School of Art, said the school does not comment on the nature of any specific complaint, and pointed BuzzFeed News to a statement by its dean, saying, \u201csexual harassment will not be tolerated either within the School of Art, or in formally associated communities aimed to advise, counsel, or to support the School.\u201d Yale prohibited sexual relationships between professors and students who they oversee by 1998, then prohibited all consensual relationships between professors and undergraduate students in 2010. In addition to Marn\u00f2, two other students told BuzzFeed News Roma harassed them during his time at Columbia. New York-based artist Michelle Elzay told BuzzFeed News that in 1996, Roma\u2019s first year at the school, he made repeated sexual innuendos about her in class and that he would frequently share details about his sex life so graphic that she remembers them acutely two decades later. One day, said Elzay, who was a 21-year-old student at the time, Roma followed her out of the darkroom at Columbia and onto the subway, where he told her he couldn\u2019t stop thinking about her and \u201cthe way the freckles go across your chest,\u201d she said. Three years later, in 1999, Roma\u2019s behavior caused an undergraduate student to run out of his office and immediately drop the independent study she was doing with him, she told BuzzFeed News. The student also said Roma described a sexual dream to the entire class, all the while staring at her so directly that she was later asked about it by other students. (She asked a teaching assistant about reporting him to the administration but in the end decided not to. The teaching assistant confirmed to BuzzFeed News that the undergraduate did, in fact, make this request third woman, Ash Thayer, who was Roma\u2019s student as an undergrad at and became his teaching assistant while getting her at Columbia, told the Times that in 1999, she was working at his desk when Roma told her that a mutual friend of theirs had died. Thayer was in shock. Roma then asked her to turn around, according to her account in the Times. When she did, he had his penis outside of his pants, erect. He moved toward her and she said \u201cno\u201d repeatedly before he put his penis in her mouth, she said. At first, she froze, then she pushed him away and left the room. Nancy Bowen, a former School of the Arts professor, told BuzzFeed News that she was aware of Roma\u2019s \u201cpredatory\u201d reputation and tried to warn Columbia about it before he was hired. But the university hired him anyway. In the spring of 1999, two female undergraduate students approached Bowen and told her that Roma had \u201cacted in a sexually inappropriate manner\u201d toward them. She said she informed Ronald Jones, the chair of Columbia\u2019s visual arts department from 1998 to 2000, who confirmed to BuzzFeed News that Bowen came to him with the allegation. \u201cIn every instance where inappropriate behavior was reported directly to me I, in turn, reported it upwardly,\u201d he said. (BuzzFeed News obtained a letter of grievance showing Bowen reported the complaints of these students, and a report written by Columbia in response confirms that the school was aware of this complaint and that Bowen \u201chad opposed his appointment.\u201d Columbia did not comment.) 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 13/21 student entering the Columbia University campus. Kate Bubacz / BuzzFeed News Professor-on-student harassment is a national problem. Professors from the University of California, Berkeley; the University of Washington; Caltech; and Yale, among others, have faced accusations of sexual harassment by their students \u2014 with their alleged sexual misconduct sometimes going back years. At Columbia, two other professors faced consequences from the school after being accused of harassment by former students. The university reportedly found Thomas Pogge, the renowned ethicist, responsible for sexual harassment allegations when he was a professor at the university in the 1990s. As in Roma\u2019s case, Columbia told Pogge he was no longer allowed in the same room as the student he harassed, but kept him employed, colleagues from the time said in an affidavit. (Pogge is still employed as a professor of philosophy and political science at Yale, which reportedly hired him despite of knowing about the allegations made against him at Columbia.) In December, classics professor William 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 14/21 Harris retired as part of a settlement of a lawsuit in which Columbia was accused of improperly handling sexual harassment complaints. Following the suit, more students from Harris\u2019s three decades at Columbia came forward about him behaving inappropriately with them. 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 15/21 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 16/21 BuzzFeed News obtained documented evidence of three more sexual harassment complaints filed by Columbia students against their professors, including one against a department dean. Two of the complaints were filed around the same time as Marn\u00f2\u2019s, and one was filed in the past few years. BuzzFeed News was unable to obtain Columbia\u2019s full decisions but was able to reach two of the three original complainants, and confirm that all three professors are still employed by the university and have been for more than two decades. Columbia acknowledged societal norms around sexual harassment are rapidly changing. \u201cWe recognize that college and university campuses do not exist apart from the widespread re-examination of workplace conduct that has dominated so much of the nation\u2019s attention in recent months,\" the university told its students and faculty in a December email announcing Dr. Harris\u2019s departure, provided to BuzzFeed News. Columbia\u2019s current policy, last updated in 2015, says that should a professor and one of their students enter into a sexual relationship, one or both of them should alert a member of the administration, so that it can be arranged for the student to no longer be under that professor\u2019s authority and to prevent possible harm to the student, professor, and university spokesperson for Columbia went further, stating that professors should disclose a potential relationship with a student before it even begins. In the 1990s and early 2000s, many universities, including Columbia, had policies \u201cdiscouraging,\u201d but not outright forbidding, professors from having sexual relationships with their students. In 1997 when the courts found that universities could be financially liable for sexual harassment, this began to change, but it wasn\u2019t until the 2010s \u2014 when Obama administration promised that it would investigate the handling of sexual assault accusations at dozens of colleges \u2014 that banning relationships between professors and the students they oversee became more common. Since then, only a handful of schools have gone further than this, banning all relationships between professors and undergraduates. Of the 25 colleges surveyed by BuzzFeed News (7 New York state universities, 10 public universities considered academically comparable to Columbia, and all 8 Ivy League universities), 17 do not fully ban relationships between professors and undergraduate students not under their supervision, while 8 have a total ban on relationships between professors and undergraduate students. Meanwhile, 5 had no explicit bans on relationships between professors and their students, though all of those \u201cadvised against\u201d or \u201cstrongly discouraged\u201d them, and put procedures in place for alerting administrators. The most common policy among the schools is akin to Columbia\u2019s: Professors are prohibited BuzzFeed News 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 17/21 from having relationships with students they oversee, but not prohibited from having relationships with other students \u2014 graduate or undergraduate \u2014 whom they do not hold direct academic authority over former senior administrator at Columbia who worked closely reforming the sexual misconduct and discrimination policies in the \u201890s and early \u201800s (and wished to remain anonymous for fear of retribution) told BuzzFeed News that the university has struggled with balancing protection of faculty reputation with \u201censuring equity across the whole university.\u201d \u201cThe faculty are why they\u2019re in business \u2014 you are expected to protect the people who are helping you maintain your reputation,\u201d the former administrator said about Columbia. Over the past two decades, Columbia got rid of the statute of limitations for reporting misconduct (enabling reports of incidents like Marn\u00f2's to be reinvestigated), increased reporting resources and access, and required faculty to take frequent gender-based misconduct trainings, among other improvements. \u201cWe have long had resources in place, but we have substantially more in the past several years,\u201d Suzanne Goldberg, a Columbia spokesperson, told BuzzFeed News. What happened in the case of Marn\u00f2\u2019s complaint would not happen today, she said: Complaints brought today would be reviewed in accordance with the university\u2019s current standards, and would be expected to result in different outcomes. Ragsdale, the Columbia administrator who helped Marn\u00f2 with her complaint, said she was \u201cangered\u201d by Columbia\u2019s response to the allegations against Roma. Goldberg, the Columbia spokesperson, told the New York Times that the university \u201clooks differently at these matters today than 20 years ago\u201d when Marn\u00f2 filed her complaint. \u201cIt\u2019s like this happened in the 1950s. It was 2000,\u201d Ragsdale told BuzzFeed News. \u201cEveryone knew it was wrong.\u201d \u25cf Read Marn\u00f2's complaint and Columbia's response: \u201cIt\u2019s like this happened in the 1950s. It was 2000. Everyone knew it was wrong.\u201d 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 18/21 Roma Complaint contributed by Ema O'Connor (BuzzFeed) p. 1 File Search Sections Fit width Page 1 of 8 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 19/21 Ema O'Connor BuzzFeed News Reporter Davey Alba BuzzFeed News Reporter From Our Partner BuzzFeed News March 1, 2018 at 4:26 Angela Cappetta told the New York Times that the alleged incident involving Roma occurred in her home previous version of this article stated that it occurred in his home. Hilary Duff Being Praised For Her Nude\u2026 BuzzFeed News People Are Protesting On The Eve Of Derek\u2026 BuzzFeed News 99-Year-Old Woman Woke Up With A\u2026 BuzzFeed News Star Brittney Griner Pleads Guilty I\u2026 BuzzFeed News George Clooney Says The Amount Of Mone\u2026 BuzzFeed News Khlo\u00e9 Was So Upset When Her Surrogate\u2026 BuzzFeed News Mother Charged With Killing Her Toddler By\u2026 BuzzFeed News \"Canadian Cannibal\" Found Guilty Of Murder BuzzFeed News 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 20/21 a brand. \u00a9 2025 BuzzFeed, Inc Press Privacy Consent Preferences User Terms Accessibility Statement Ad Choices Help Contact Sitemap 2/22/25, 8:18 She \u201cProvoked\u201d Him: Columbia\u2019s Old Policies Let Professor Off The Hook For Serial Sexual Harassment 21/21"}
7,479	David Holtzman	Oberlin College	[ "7479_101.pdf" ]	{"7479_101.pdf": "Issue News Back Next News-in-review Holtzman lawsuit spans both semesters Holtzman resigns in May after filing suit in September by Sara Foss Oberlin found itself wrapped up in complicated legal negotiations, internal procedures and courtroom exchanges when Associate Professor of Neuroscience David Holtzman filed a $1 million lawsuit against the College in U.S. District Court in Cleveland in September. He also filed complaints of misconduct against Neuroscience Program Director Catherine McCormick, former acting dean of the College of Arts and Sciences James Helm and dean of the College of Arts and Sciences Clayton Koppes with the Professional Conduct Review Committee (PCRC). Koppes also filed a complaint of misconduct against Holtzman with the PCRC. The reviewed the Koppes and Holtzman complaints together(see related story below). In late April Holtzman agreed to resign, ending both the federal court proceedings and the College processes. In an agreement worked out between Holtzman's lawyer, Kirk Perry, and College attorney Michael Frantz, Holtzman dropped all the charges he filed against the College, federal and internal. The College also dropped its charges against Holtzman. The suit charged that Holtzman was denied equal treatment as an Oberlin College employee because he is Hispanic-American. In the lawsuit, Holtzman says that the alleged discriminatory behavior \"first manifested on or about May of 1996 when plaintiff was approached and asked to resign.\" Three hearings on Holtzman's request for a preliminary injunction were held, though no decision was ever rendered preliminary injunction would have enabled Holtzman to continue teaching. In September Holtzman filed a request for a temporary restraining order which was denied. The restraining order would have allowed Holtzman to teach classes without interference from the College. Judge Solomon Oliver Jr. wrote, \"The plaintiff did not demonstrate that he was likely to succeed on the merits of his claim, or that the harm he faced was irreparable.\" In April, shortly before he resigned, Holtzman filed a second request for a preliminary injunction in Cleveland, charging that the internal College processes had not been followed correctly. This second request was denied. If granted, it would have prevented internal College processes from moving forward. Holtzman filed his lawsuit following cancellation of his courseload for the semester after complaints of alleged inappropriate physical misconduct, inappropriate sexual misconduct, inappropriate sexual conversation and drug use filed by students and faculty were reviewed by the College Faculty Council (CFC) and the General Faculty Council (GFC) over the summer. Though the voted to suspend Holtzman, President Nancy Dye granted Holtzman a paid leave at his request, and he continued working at the College, pending investigation by the Professional Conduct Review Committee (PCRC). Though complaints had been voiced about Holtzman's conduct since he arrived in Oberlin, the only formal complaint ever filed against Holtzman under Oberlin's sexual offense policy was filed by Christine Hart, in animal caretaker, in 1992. Hart later with withdrew her complaint. 2/22/25, 8:18 Holtzman lawsuit spans both semesters 1/3 Neuroscience Program Director Catherine McCormick met with students who said Holtzman harassed them between 1992 and 1996. In the spring of 1996 Camille Mitchell, sexual offense policy administrator, conducted an investigation of Holtzman's alleged sexual offense policy violations. Since those who claimed Holtzman harassed them were unwilling to come forward and file complaints with their names attached to them, Mitchell found no reason to initiate a formal Sexual Offense Review Committee (SORC) hearing, and submitted a report to then acting dean James Helm, who began his own investigation at that time. In May 1996 Holtzman, as an untenured faculty member in a continuing position, received a positive evaluation from CFC. The letter to Holtzman stated: \"We especially congratulate you on your strong research program and the involvement of students in it. We do expect you to address your department's concerns regarding your interactions with students.\" Throughout his career at Oberlin Holtzman received merit pay increases and favorable reviews. Mitchell also spoke to students about Holtzman's conduct. One student, who wished to remain anonymous, said that she filed a page-long report last fall with Mitchell, alleging that Holtzman had sexually harassed her, often visiting her place of employment drunk and repeatedly asking her out on dates. This student said that she told Mitchell she did not want Holtzman to lose his job and agreed to keep her report on file as a back-up, to use if other cases arose. One student testified, when delivering a sworn affidavit, that, \"In the parking lot of one of the bars, Professor Holtzman offered us marijuna and smoked it himself. Afterwards, we went to his apartment where [Holtzman] smoked more marijuana. While at his apartment, Mr. Holtzman touched me inappropriately in front of everyone did not consent to his touch and felt uncomfortable by it.\" In September Holtzman attended the sections of Neuroscience he was supposed to teach, but the classes were postponed as a result of his presence. Holtzman said he was never officially informed that he was not teaching. Rather than suspend Holtzman, Dye placed him on paid-leave, agreeing not to levy the suspension if Holtzman agreed not to attend class. Holtzman said that his classes were cancelled without his consent and his advisees were taken away without his consent. College officials maintained all along that this was not true. Koppes said in September that normal procedures were followed in Holtzman's situation. \"The College procedures call for informal attempts to resolve these kinds of situations,\" Koppes said. \"Informal methods were pursued over the course of several months because we believed these would be helpful to Mr. Holtzman as well as to the College. When these informal methods failed, we moved into a new situation.\" Koppes said, \"He was notified [that his teaching would be cancelled] during the informal process. All parties are relieved that the legal battle is over. \"It is a good and appropriate resoluation and I'm pleased we were able to do it,\" Dye said. Holtzman said, \"My family and are very happy about the settlement.\" The settlement states that Holtzman will receive the rest of his salary and benefits through August, the date when he officially severs ties with the College. As part of the agreement it was also decided which neuroscience equipment belongs to Holtzman and which to the College. Because Holtzman is a federal grant recipient, the College has to make sure it complies with federal laws governing grant money, Frantz said. Oberlin 2/22/25, 8:18 Holtzman lawsuit spans both semesters 2/3 Copyright \u00a9 1997, The Oberlin Review. Volume 125, Number 25, May 23, 1997 Contact Review webmaster with suggestions or comments at ocreview@ Contact Review editorial staff at [email protected]. 2/22/25, 8:18 Holtzman lawsuit spans both semesters 3/3"}
7,414	Hoyt Fong	Los Rios Community College	[ "7414_101.pdf", "7414_102.pdf", "7414_103.pdf" ]	{"7414_101.pdf": "The Connection \u2022 March 16, 2018 \u2022 and-faculty-call-on-los-rios-board-to-change-how-sexual-harassment-is-handled-in-district/ Student and faculty call on Los Rios Board to change how sexual harassment is handled in district Victoria Blanco, Summer Lomendehe, and John Cabales Cosumnes River College student and members of the faculty addressed the Los Rios Community College District Board of Trustees Wednesday to demand the district changes the way it handles complaints of sexual harassment. The calls came following a documented case of sexual harassment on campus experienced by the student, 19-year-old psychology major Iris Perez felt like needed to speak up and enact more change and achieve justice for my case as well as other students\u2019 cases and possibly encourage other students to speak up and for them not to be afraid and to have them know that they\u2019re not alone,\u201d Perez said during the meeting. During an emotional statement, Perez spoke of a meeting she had on Jan. 2 with Hoyt Fong, a counselor who worked at for more than 30 years. During the Jan. 2 meeting, Fong made an uninvited sexual advance towards Perez. Perez filed a complaint to Human Resources who then investigated the allegations of sexual harassment. Perez was informed in a Jan. 11 email from Ryan Cox, vice chancellor of human resources, that Fong had resigned effective immediately, and she was also asked if she then wanted to drop her complaint, according to a copy of the email obtained by The Connection. Director of Human Resources Susan Slager concluded that the allegation was proven true based on Perez\u2019s credible testimony and no rebuttal evidence from Fong, according to Slager\u2019s Jan. 18 letter to Perez, a copy of which was obtained by The Connection. \u201cIt is the fault of the district for handling this incident poorly who asked me to drop my complaint and letting a predator get away with a clean record,\u201d Perez said during the meeting. College President Edward Bush attended the meeting and said that their response has to be quick and swift to ensure that students are safe on campus. \u201cWe need to make sure that all our students are safe and protected in any environment that they\u2019re in; counseling sessions, inside of classrooms, interactions with other students,\u201d Bush said. English Professor David Weinshilboum has been Perez\u2019s advocate throughout the investigation. \u201cIris is here because she does not want others to experience what she endured,\u201d Weinshilboum said. \u201cThis months-long process she has withstood has left her unconvinced that she or other members of the community are properly protected from acts of sexual misconduct.\u201d While Fong was employed on campus, he was part of the college\u2019s Safe Spaces program. The Safe Spaces program was established in 2009 to create an inclusive campus where faculty and students respect each other\u2019s views and may seek assistance during difficult times. Sociology Professor Donnisha Lugo said during the meeting that the incident \u201ccame as a shock\u201d to members of the Safe Spaces program. \u201cAlthough the district may be legally bound to protect the privacy and records of personnel, there is no excuse for allowing an individual with a record of harassment claims to continue to serve our students,\u201d Lugo said. Jason Newman, campus president of the Los Rios College Federation of Teachers, said there are reasons for keeping complaints confidential. \u201cWhen a faculty member faces any kind of disciplinary action that is private information that is kept with the faculty member and management as they work it out and is not released to other faculty members or students,\u201d Newman said. Cox said the district\u2019s processes and practices are not perfect. He added that they will take the input from the meeting and continue to improve think it\u2019s important for everyone to understand we take these matters absolutely seriously, we have for years and any recent complaint was taken with just as much seriousness as any other complaint,\u201d said Cox. Former Academic Senate President and Biology Professor Julie Oliver said she\u2019s known of numerous cases where someone has been accused of wrong-doing, an investigation takes place and nothing ever happens. She, along with other faculty at the meeting, called for change in the way the district handles sexual harassment claims. \u201cYou are complicit in allowing this person to have access to our students and the process has to change,\u201d Oliver said, and later added that the college district was being \u201ccalled out.\u201d Chancellor Brian King briefly addressed the issue during the meeting don\u2019t want any student to leave this thinking that we don\u2019t care very deeply about your safety and well-being,\u201d King said. Weinshilboum said he\u2019d like a sea change to occur in the way complaints are handled in district want sexual misconduct to be discussed openly and honestly,\u201d said Weinshilboum want leaders who have the fortitude to speak Hoyt Fong\u2019s name and tell the community that he is no longer welcome on campus.\u201d Victoria Blanco can be reached at [email protected]", "7414_102.pdf": "/ 1, 2018 Cosumnes River College student Iris Perez met with crisis counselor Hoyt Fong for months before he unexpectedly kissed her during a session in January. Months later, she is now suing him for covering up the incident. \ud835\udd4f Ads by \u27f6 2/22/25, 8:20 College Student Is Headed To Court After She Went To Her Counselor For Help & He Unexpectedly Kissed Her 1/4 The lawsuit was filed last week in Sacramento Superior Court, and accuses Fong, the Los Rios Community College District, and the Los Rios Federation of Teachers for plotting to hide the incident. The suit also accuses the former counselor and the college district of \u201cintentional infliction of emotional distress, negligence, gender violence and assault,\u201d the Sacramento Bee reports. The damages Perez is trying to obtain isn\u2019t specified. Back in March, the Sacramento Bee interviewed Perez about the incident. She said the January 2nd counseling session had ended with a hug, which became a regularly occurring action between the two. According to the lawsuit, Perez had gone to Fong for crisis counseling following an emotional emergency in the fall of 2017. Every two weeks she had appointments with him until January when Fong kissed her. \u201cIt was a shock didn\u2019t know how to react was frozen tried to brush it off, just to get out as fast as could. When was getting into my car it all hit me at once and then that\u2019s when started crying. It was unbelievable,\u201d Perez said in an interview with the publication. Fong following the incident with another hug, and scheduling her next appointment. Perez said she was pressured to withdraw a report she placed with the school and the district, but refused to do so. The former counselor worked within the district for more than 40 years. As the Sacramento Bee reports, he resigned ten days later, following his refusal to take part in the investigation of the incident. The investigation did conclude that the accusation of gender discrimination was legitimate. As well, this isn\u2019t the only complaint made against Fong. According to Kresta Daley, who is representing Perez, there are complaints going back 10 years against the former counselor. The suit also claims that the district and its teachers has downplayed and ignored the claims of sexual misconduct in order to reduce liability. \u201cThe biggest issue is that Los Rios has a history of sweeping these allegations under the rug and that they need to make some systematic changes. That is Ms. Perez\u2019s goal \u2013 to make changes at the district,\u201d said Kresta Daley to the Sacramento Bee 2/22/25, 8:20 College Student Is Headed To Court After She Went To Her Counselor For Help & He Unexpectedly Kissed Her 2/4 Carissa Dunlap is a Her Campus News Social Intern for Summer 2018. She is a current Publishing major and Journalism minor at Emerson College (Class of 2020). When she isn't perusing the bookshelf at the bookstore, she can be found watching dog videos on Facebook, at her favorite coffee shops, or relaxing on the beach. Follow her on Instagram @dunlapcarissa or Twitter @Caridunlap. \uf0d2\ud835\udd4f \uf09a \uf167 \ue07b \uf2ab 9 Lansdowne St. Suite 2 Boston 02215 Her Campus Media About Us Shop (but via email) The newsletter you won\u2019t leave unread ONLY! your email \uf16d \u2192 2/22/25, 8:20 College Student Is Headed To Court After She Went To Her Counselor For Help & He Unexpectedly Kissed Her 3/4 Privacy Policy Terms of Use Spoon University College Fashionista InfluenceHer Collective Generation Hired Write For Her Campus Start a Chapter High School Ambassadors Be an Influencer Campus Trendsetters Get in Touch Join the Team Internships Her Campus may receive compensation for some links to products and services on this website. Copyright \u00a9 2024 Her Campus Media, LLC. All Rights Reserved. 2/22/25, 8:20 College Student Is Headed To Court After She Went To Her Counselor For Help & He Unexpectedly Kissed Her 4/4", "7414_103.pdf": "The Connection \u2022 October 22, 2018 \u2022 student-files-lawsuit-against-los-rios-district student files lawsuit against Los Rios District Victoria Blanco and Max Connor, Staff Writers Cosumnes River College student Iris Perez filed a lawsuit against the Los Rios Community College District, the Los Rios Federation of Teachers Union and former Los Rios employee Hoyt Fong. The lawsuit alleges that Perez suffered emotional distress, negligence, gender violence and assault after being sexually harassed by Fong, a former crisis counselor at CRC. Perez\u2019s complaint was investigated and confirmed by Los Rios officials. \u201cIt\u2019s not just about this single incident,\u201d Perez\u2019s Attorney Kresta Daley said. \u201cIt\u2019s really more about what seems to be the culture at the university that the district and the union have a history of tolerating and covering up sexual misconduct on behalf of both professors, counselors and other employees.\u201d Perez\u2019s case was not the only claim of misconduct involving Los Rios employees, according to district data of complaints obtained by The Connection. From 2013-2017, there were 17 cases of sexual harassment involving Los Rios employees filed with the district. All of them were investigated. Three of those resulted in undisclosed disciplinary actions and, in one case, the complaint was dropped. The rest were determined to be unfounded, according to the data. Perez has said she was particularly upset with being asked if she wanted to drop her case after Fong resigned and left the district. Perez declined to drop her case and the investigation found her complaint to be credible, but, with Fong gone, there was no further disciplinary action taken. After Perez publicly addressed the Board of Trustees at a March board meeting, the district proposed new policy changes involving sexual harassment cases and relationships between staff and students. \u201cWe are always looking to pursue changes based on single incidents or the Me Too movement or anything else,\u201d said Associate Vice Chancellor of Human Resources Ryan Cox. Cox said the new policies are currently in effect although some are interim policies until the district makes them permanent. Cox said these changes include: barring an employee from working in the district if they resign during an investigation, forbidding any personal relationship between a teacher and student, using hired firms to investigate sexual harassment cases instead of the campus Title officer on each campus and hiring an outside firm to look at the district\u2019s discrimination policies and recommend changes. Although many changes have been made, Cox said the district has never taken these issues lightly. \u201cThe district has always been cognizant and proactive on issues of sexual harassment,\u201d Cox said. Changes are not only being made districtwide but also at the campus level. \u201cThe college is committed to making sure that all of our students have the safest environment to pursue their education and the college needs to work as hard as we can, diligently as possible to make sure that that happens College President Edward Bush said. \u201cWe\u2019re committed to raising awareness, providing additional services and most importantly holding people accountable when these situations occur,\u201d Bush said. Bush has taken an initiative by starting a presidential advisory task force focusing on sexual assault and sexual harassment on campus. Faculty members, staff and administrators on the task force will discuss how to be proactive and ensure that all students are safe. Perez is seeking unspecified damages and said she hopes to spread awareness through this lawsuit. Perez said she is suing due to the lack of repercussions against Fong. \u201cThe university is now having all complaints investigated by an outside third party, which is definitely an improvement,\u201d said Daley, Perez\u2019s attorney. \u201cMy hope is that it\u2019ll [the lawsuit] eventually cause some significant and lasting change at the university.\u201d Cox said he hopes that complaints no longer being handled by the campus equity officer will allow the equity officers up \u201cto do more proactive training\u201d with these issues. Perez said she\u2019s looking forward to the possibility of becoming a student representative for Women Escaping Violent Environment as well as having a Confidential Advocate that can provide confidential support for students and faculty. \u201cI\u2019m looking forward to that so that there\u2019s more awareness so people know that they do have resources on campus,\u201d Perez said. The advocate provides emotional support, information and referrals to on and off campus resources. To schedule an appointment, call 916-568-3011 or email at [email protected]. The Advocate is on campus on Thursdays from 10 a.m. to 3:30 p.m. inside the Health Center in OPS-126."}
7,219	Lawrence Krauss	Arizona State University	[ "7219_101.pdf", "7219_102.pdf", "7219_103.pdf", "7219_104.pdf", "7219_105.pdf" ]	{"7219_101.pdf": "Renowned professor Lawrence Krauss ousted from post after sex misconduct claims Published 8:06 p.m Aug. 2, 2018 Updated 4:09 p.m Aug. 3, 2018 Lawrence Krauss, a world-renowned theoretical physicist who led Arizona State University's Origins Project for nearly a decade, will not lead the initiative any longer, he announced on Twitter Thursday. Krauss was accused of sexual misconduct in a February Buzzfeed News story and placed on paid leave by the university in March while it conducted an investigation. The story included allegations of inappropriate comments and behavior from multiple women. Krauss has strongly denied the allegations. Krauss founded the Origins Project and has been director since it began in 2009. The project holds workshops and events focusing on the origins of the universe and life. The project's events have involved some of the world's most famous scientists, like Stephen Hawking and Richard Dawkins. Krauss also is known for his work on the Doomsday Clock, a symbolic clock that inches closer to midnight as the threat of nuclear annihilation increases, and is an outspoken atheist professor Lawrence Krauss put on leave amid misconduct allegations On Twitter Thursday, Krauss said \"decided not to renew my director appointment\" when his five-year term was up this year. \"It has been a great privilege to create and lead the Project at over the past decade,\" he wrote. In subsequent replies on Twitter, he said he was still a professor at \"for the moment.\" Rachel Leingang The Republic \| azcentral.com 2/22/25, 8:21 Lawrence Krauss out as director of ASU's Origins Project 1/3 Krauss said his colleague Lindy Elkins-Tanton will be the new director. Elkins-Tanton is listed on ASU's website as the director of the School of Earth and Space Exploration am confident she will move it forward in new and exciting ways,\" he wrote. In an email to The Republic on Friday Krauss said, \"The process at continues and remain on paid leave and hope, if I\u2019m treated fairly, to be fully exonerated once the process is over confirmed in a statement that Krauss is no longer the project's director. Krauss remains on administrative leave, the university said. \"It is the policy of the university not to comment on ongoing personnel matters,\" the school said. Accusations against Krauss The Buzzfeed News story detailed an account from a woman who met Krauss in 2006 at an event. She told Buzzfeed News that Krauss was one of her \"intellectual idols.\" He flirted with her at the event and made plans to meet up at his hotel's restaurant, she said. He asked her to first come to his hotel room, where he tried to force himself on her, Buzzfeed News reported. She managed to leave the room. The news outlet said the incident was just one of many allegations against Krauss, \"including groping women, ogling and making sexist jokes to undergrads, and telling an employee at Arizona State University, where he is a tenured professor, that he was going to buy her birth control so she didn't inconvenience him with maternity leave.\" Krauss said the encounter with the woman at the event was consensual professor Lawrence Krauss: Allegations are 'absurd,' 'libelous' In a lengthy statement posted publicly, Krauss called the article \"libelous\" and \"absurd.\" He said the reporters ignored counterevidence and set up a false narrative of him and, by extension, the skeptical and atheist communities. 2/22/25, 8:21 Lawrence Krauss out as director of ASU's Origins Project 2/3 He acknowledged that his language and demeanor sometimes made people uncomfortable and said he could be brash. Still, the Buzzfeed News story \"effectively paints a false picture of me and my relationships with others through a mosaic constructed largely out of anonymous hearsay and a web of often vague innuendo,\" Krauss said at the time. The Origins Project was set to celebrate its 10th anniversary at an event in Scottsdale in April, but the celebration was cancelled after the allegations against Krauss were publicized. Republic reporter Anne Ryman contributed to this report MORE: Rio Salado president retiring after probe of college's response to harassment complaints KJZZ's top executive retires after investigation finds he sexually harassed employees swim coach Bob Bowman apologizes for sexually graphic messages to Olympic swimmer 2/22/25, 8:21 Lawrence Krauss out as director of ASU's Origins Project 3/3", "7219_102.pdf": "dean recommended Lawrence Krauss be fired following sexual harassment allegations Published 5:58 p.m Oct. 5, 2018 Updated 7:28 p.m Oct. 6, 2018 college dean has recommended prominent theoretical physicist Lawrence Krauss, who was accused of sexual harassment, be fired from Arizona State University. TheState Press, ASU's independent student newspaper, reported that College of Liberal Arts and Sciences Dean Patrick Kenney recommended Krauss' dismissal. The university confirmed the accuracy of the State Press report. But there are still other reviews the university has to undertake before Krauss, a tenured professor, could be dismissed. Earlier this year, the university did not renew Krauss' role as director of the Origins Project, a center that holds workshops on the origins of the universe and life President Michael Crow told the State Press' editorial board about Kenney's recommendation in September, the paper reported. Crow told them the university had stripped Krauss of roles that it was in full control of professor Krauss ousted from post after sex misconduct claims \"We have eliminated his role as director of Origins, his academic chair, and the dean has recommended that his tenure be revoked,\" Crow told the publication. \"The last stage of the process is, what does the rest of the faculty think about that? And then they make a recommendation to me, and then make a decision.\u201d Krauss is an internationally known theoretical physicist whose work includes the Doomsday Clock, a symbolic clock that inches closer to midnight as the threat of nuclear annihilation Rachel Leingang The Republic \| azcentral.com 2/22/25, 8:21 professor Lawrence Krauss should be fired, dean says 1/3 increases. He also is an outspoken atheist. He remains on paid leave at the university while the process plays out. Reached by email, Krauss said there have been no changes to his status at the university since July. \u201cThe University procedure, which has been ongoing, is confidential, and for one do not want to violate that admonition,\u201d Krauss said. Krauss was accused of sexual misconduct by multiple women in a February Buzzfeed News story, which included allegations of inappropriate comments and behavior. He has denied the allegations. The university told Melanie Thomson, an Australian professor who said she witnessed Krauss grab a woman's breast while taking a photo at a convention in Australia, that it had concluded the event violated the school's sexual harassment policy, the State Press previously reported. How the process works According to policies set by the Arizona Board of Regents, Krauss is entitled to several layers of review before he can be fired. First, the dean of a professor's school can recommend a faculty member be dismissed, which is what Kenney did. Then, the faculty member can challenge the recommendation in what is called a conciliation or mediation, and a conciliation committee comprised of faculty members is set up professor Krauss put on leave amid allegations of sexual misconduct Krauss is in the conciliation process right now, a university spokesman said. Kenney, Krauss and the president of the University Senate all appointed one member to serve on the committee. The conciliation committee's goal is to find a \"mutually agreed upon solution,\" according to Board of Regents' policy. If the conciliation process fails, Crow can issue a written notice of dismissal. Krauss could then appeal this notice to the Committee on Academic Freedom and Tenure and receive a hearing. 2/22/25, 8:21 professor Lawrence Krauss should be fired, dean says 2/3 The committee makes a recommendation to Crow, who then makes a decision on dismissal. Krauss has another opportunity to ask for reconsideration before a final decision from Crow. The entire process can take many months MORE: Former professor loses title after accusations of sexual misconduct with minor professor Lawrence Krauss: Sex-misconduct allegations are 'absurd,' 'libelous professor in video depicting unaccompanied immigrant children in court 2/22/25, 8:21 professor Lawrence Krauss should be fired, dean says 3/3", "7219_103.pdf": "Advertisement Allegation-hit physicist Lawrence Krauss announces retirement 24 Oct 2018 Michael Banks The physicist Lawrence Krauss has announced that he will retire from Arizona State University (ASU) in May next year for \u201cnew and different challenges and opportunities\u201d. Krauss was put on paid leave by in February following allegations of sexual misconduct that first came to light through an investigation by Buzzfeed. The then opened a review into the allegations \u201cto discern the facts\u201d. Following Krauss\u2019s decision to retire, that review has now closed. Krauss is a prominent theorist and cosmologist who has written several popular-science books and appeared in documentaries. He was also the founder of the ASU\u2019s Origins Project, but after the allegations emerged, Krauss stepped down as director. In late September, the announced that the Origins Project was being \u201ctransitioned\u201d into the Interplanetary Initiative and would be led by Lindy Elkins-Tanton who is director of the ASU\u2019s school of Earth and space exploration. Krauss also resigned in February as chairman of the Bulletin of Atomic Scientists, which is best known for its \u201cDoomsday Clock\u201d. In a statement on Twitter on 21 October, Krauss noted that the had accepted his request to retire on 16 May 2019 \u2013 shortly before he turns 65 \u2013 and that the university has now closed its review process following a \u201cconciliation procedure\u201d. Krauss says that he chose to retire because, he claims, the regulations of the Arizona Board of Regents say that he would only be able to \u201ctest the credibility of my Lawrence Krauss speaking in Amsterdam in September 2012. (Courtesy: Co de Kruijf/Hollandse Hoogte) 2/22/25, 8:21 Allegation-hit physicist Lawrence Krauss announces retirement \u2013 Physics World 1/3 accusers\u201d if he first agreed to be dismissed. \u201cThe nature of the review process experience included incomplete access to evidence and accusations during the investigations, no opportunity to cross-examine witnesses or be represented by a lawyer during the investigation interviews,\u201d Krauss notes. However, the denies that Krauss would have had to be first dismissed before he could present his own case. \u201c[Krauss\u2019s] description of our review process is inaccurate. It does provide an opportunity for the person against whom allegations are made to have a hearing at which they can present witnesses and evidence in their own defense and cross-examine adverse witnesses,\u201d says an statement sent to Physics World. \u201cShould he have chosen to move forward with the review process, this would have taken place before any final decisions were made regarding dismissal. Krauss chose to retire rather than to move forward with that process.\u201d The statement adds that Krauss will keep \u201cwhatever retirement benefits he had accrued as of the date of his retirement, but will not accrue more\u201d adding that he now remains on leave and will not teach, \u201cnor is he allowed to take any actions on behalf of ASU\u201d. Moving on An report, which was obtained under a public-records request from BuzzFeed and made public yesterday, outlines instances of misconduct that have been levelled at Krauss. The 33-page document then lists a catalogue of instances where Krauss was alleged to have violated the ASU\u2019s policies, including a complaint that he had \u201ctouched the breast of another female attendee at a convention in Australia while the female was taking a selfie photograph of the two\u201d. The incident is alleged to have occurred on 26 November 2016 during a gala reception and dinner at the end of the first day of the event. The document also details how Krauss allegedly \u201cpropositioned\u201d a woman \u201cfor a threesome\u201d as he discussed her potential \u201cinvolvement/employment with the Origins Project\u201d. Krauss, the report states, \u201cacknowledged that this conversation occurred but characterized it as a joke\u201d. The report, dated 31 July, includes a covering letter written to Krauss by Mark Searle \u2013 ASU\u2019s executive vice-president and university provost. In the letter, Searle notes that the investigations found that Krauss had violated the university\u2019s policies on discrimination, harassment or retaliation and its code of ethics. \u201cYour behaviour as found in the determinations is unprofessional, reflects a failure of leadership and is extremely disappointing,\u201d says Searle, adding that he had passed the findings on to the dean of the College of Liberal Arts and Sciences for \u201cappropriate responsive action\u201d. In his 21 October statement on Twitter, Krauss maintains his innocence to the allegations. \u201cTo be clear have never harassed or assaulted anyone and have most certainly not exhibited gender discrimination in my professional dealings at the University or elsewhere,\u201d he states, adding that he has not received any complaints from his students, staff, colleagues or participants in Origins events from the university am confident an appeals process that impartially examined all evident, including the evidence had prepared for the conciliation process, would lead to an outcome in my favour,\u201d he adds. Kraus says that the \u201cexperience over the past seven months\u201d has led him to believe that even \u201cfollowing such an outcome\u201d he cannot continue to work at the ASU. \u2018No excuse\u2019 Emma Chapman, from Imperial College London, who is a campaigner on sexual misconduct in higher education, told Physics World that there are \u201cseveral worrying and common factors\u201d in the agreement between Krauss and the ASU. This includes the \u201cacceptance that retirement benefits will be kept despite a previous finding of fault\u201d and that the agreement \u201crequires every employee of to refrain from making disparaging statements regarding Krauss\u2019s reputation\u201d. Chapman, who is a member of the 1752 Group \u2013 a research and lobby organization that aims to end sexual misconduct in higher education \u2013 says that such an \u201cinstitution-wide gagging order\u201d occurs regularly in even the most serious cases of sexual misconduct. \u201cThe issue with settlements like this is that it strikes at the heart of fair justice and prevents accountability on the perpetrator and indeed the institution for their role in enabling the behaviour,\u201d says Chapman. \u201cAll we want as victims, survivors and supporters is a fair and transparent process, that is always carried out to conclusion and the outcome made public.\u201d Chapman adds that without this there can be no lessons learned and \u201cno confidence\u201d in preventing sexual misconduct from happening again find it absolutely incredible that after All we want as victims, survivors and supporters is a fair and transparent process Emma Chapman \u201c 2/22/25, 8:21 Allegation-hit physicist Lawrence Krauss announces retirement \u2013 Physics World 2/3 Copyright \u00a9 2025 by Publishing Ltd and individual contributors one year of very high media exposure on issues of sexual harassment, even within academia, a university has still chosen to pursue this route,\u201d she says. \u201cThere is no excuse anymore.\u201d Michael Banks is news editor of Physics World magazine Our mission Physics World represents a key part of Publishing\u2019s mission to communicate world-class research and innovation to the widest possible audience. The website forms part of the Physics World portfolio, a collection of online, digital and print information services for the global scientific community. Podcasts Physics World Weekly Physics World Stories Explore About us Our team Our portfolio Advertising Our policy Contact us Feedback More information Institute of Physics Join the Institute Modern Slavery Act Privacy and cookies Publishing Copyright Terms and conditions Disclaimer \ue900 \uf0e1 \uf16a \uf09e Back to top Sign in Register 2/22/25, 8:21 Allegation-hit physicist Lawrence Krauss announces retirement \u2013 Physics World 3/3", "7219_104.pdf": "Lawrence Krauss Krauss at Ghent University in 2013 Born Lawrence Maxwell Krauss May 27, 1954 New York City, U.S. Nationality American \u00b7 Canadian Alma mater Carleton University Massachusetts Institute of Technology Known for Dark energy Zero-energy states Spouses Katherine Kelley \u200b\u200b(m. 1980; div. 2012)\u200b Nancy Dahl \u200b(m. 2014)\u200b Awards Andrew Gemant Award (2001) Lilienfeld Prize (2001) Science Writing Award (2002) Oersted Medal (2004) Richard Dawkins Award (2016) Lawrence Krauss Lawrence Maxwell Krauss (born May 27, 1954) is a Canadian-American theoretical physicist and cosmologist who taught at Arizona State University (ASU), Yale University, and Case Western Reserve University. He founded ASU's Origins Project in 2008 to investigate fundamental questions about the universe and served as the project's director. Krauss is an advocate for public understanding of science, public policy based on sound empirical data, scientific skepticism, and science education. An anti- theist, Krauss seeks to reduce the influence of what he regards as superstition and religious dogma in popular culture.[2] Krauss is the author of several bestselling books, including The Physics of Star Trek (1995) and Universe from Nothing (2012), and chaired the Bulletin of the Atomic Scientists Board of Sponsors. Upon investigating allegations about sexual misconduct by Krauss determined that Krauss had violated university policy, and did not renew his Origins Project directorship for a third term in July 2018.[3][4] Krauss retired as a professor at in May 2019, at the end of the following academic year. He currently serves as president of The Origins Project Foundation.[5] Krauss hosts The Origins Podcast with Lawrence Krauss[6] and publishes a blog titled Critical Mass.[7] Krauss was born on May 27, 1954, in New York City, but spent his childhood in Toronto. He was raised in a household that was Jewish but not religious.[8] Krauss received undergraduate degrees in mathematics and physics with first-class honours at Carleton University Early life and education 2/22/25, 8:21 Lawrence Krauss - Wikipedia 1/14 Scientific career Fields Theoretical physics Cosmology Institutions Arizona State University Australian National University New College of the Humanities Yale University Case Western Reserve University Harvard University Thesis Gravitation and Phase Transitions in the Early Universe ( 0895) (1982) Doctoral advisor Roscoe Giles[1] Lawrence Krauss Voice recorded in March 2017 Website (http s:// in Ottawa in 1977, and was awarded a Ph.D. in physics at the Massachusetts Institute of Technology in 1982.[9][10] After some time in the Harvard Society of Fellows, Krauss became an assistant professor at Yale University in 1985 and associate professor in 1988. He left Yale for Case Western Reserve University in 1993 when he was named the Ambrose Swasey Professor of Physics, professor of astronomy, and chairman of the physics department until 2005. In 2006, Krauss led the initiative for the no-confidence vote against Case Western Reserve University's president Edward M. Hundert and provost John L. Anderson by the College of Arts and Sciences faculty. On March 2, 2006, both no-confidence votes were carried: 131\u201344 against Hundert and 97\u201368 against Anderson.[11] In August 2008, Krauss joined the faculty at Arizona State University as a foundation Professor in the School of Earth and Space Exploration at the Department of Physics in the College of Liberal Arts and Sciences. He also became the director of the Origins Project, a university initiative \"created to explore humankind's most fundamental questions about our origins\".[12][13] In 2009, he helped inaugurate this initiative at the Origins Symposium, in which eighty scientists participated and three thousand people attended.[14] Krauss appears in the media both at home and abroad to facilitate public outreach in science. He has also written editorials for The New York Times. As a result of his appearance in 2002 before the state school board of Ohio, his opposition to intelligent design has gained national prominence.[15] Krauss attended and was a speaker at the Beyond Belief symposia in November 2006 and October 2008. He served on the science policy committee for Barack Obama's first (2008) presidential campaign and, also in 2008, was named co-president of the board of sponsors of the Bulletin of the Atomic Scientists. In 2010, he was elected to the board of directors of the Federation of American Scientists, and in June 2011, he joined the professoriate of the New College of the Humanities, a private college in London.[16] In 2013, he accepted a part-time professorship at the Research School of Astronomy and Astrophysics in the physics department of the Australian National University.[17] Krauss is a critic of string theory, which he discusses in his 2005 book Hiding in the Mirror.[18] In his 2012 book Universe from Nothing Krauss says about string theory \"we still have no idea if this remarkable theoretical edifice actually has anything to do with the real world\".[19][20] Released in March 2011, another book titled Quantum Man: Richard Feynman's Life in Science, while Universe 0:52 Career 2/22/25, 8:21 Lawrence Krauss - Wikipedia 2/14 Krauss lecturing about cosmology at 2012 from Nothing\u2014with an afterword by Richard Dawkins\u2014was released in January 2012, and became a New York Times bestseller within a week. Originally, its foreword was to have been written by Christopher Hitchens, but Hitchens grew too ill to complete it.[21][22] The paperback version of the book appeared in January 2013 with a new question-and-answer section and a preface integrating the 2012 discovery of the Higgs boson at the Large Hadron Collider. On March 21, 2017, his newest book, The Greatest Story Ever Told\u2014So Far: Why Are We Here? was released in hardcover, paperback, and audio version July 2012 article in Newsweek, written by Krauss, indicates how the Higgs particle is related to our understanding of the Big Bang. He also wrote a longer piece in The New York Times explaining the science behind and significance of the particle.[23] In January 2019, Krauss became President of the Origins Project Foundation,[24] a non-profit corporation intended to host public panel discussions on science, culture, and social issues.[25] On June 21, 2019, a new video podcast, The Origins Podcast with Lawrence Krauss, launched with Krauss as host.[6] The first episodes included dialogues with Ricky Gervais, Noam Chomsky, and Jenny Boylan. Krauss mostly works in theoretical physics and has published research on a variety of topics within that field. In 1995 he proposed that the energy-density of the universe was dominated by the energy of empty space.[26] In 1998 this prediction was confirmed by two observational collaborations and in 2011 the Nobel Prize was awarded for their discovery. Krauss has formulated a model in which the Universe could have potentially come from \"nothing\", as outlined in his 2012 book Universe from Nothing. He explains that certain arrangements of relativistic quantum fields might explain the existence of the Universe as we know it while disclaiming that he \"has no idea if the notion [of taking quantum mechanics for granted] can be usefully dispensed with\".[27] As his model appears to agree with experimental observations of the Universe (such as its shape and energy density), it is referred to by some as a \"plausible hypothesis\".[28][29] His model has been criticized by cosmologist and theologian George Ellis,[30] who said it \"is not tested science\" but \"philosophical speculation\". Initially, Krauss was skeptical of the existence of the Higgs boson.[31] However, after it was detected by CERN, he researched the implications of the Higgs field on the nature of dark energy.[32] Scientific work 2/22/25, 8:21 Lawrence Krauss - Wikipedia 3/14 Lawrence Krauss sends a solidarity message to ex-Muslims convening in London in July 2017. Krauss has argued that public policy debates in the United States should have a greater focus on science.[33][34][35][36] He criticized Republican presidential candidate Ben Carson's statements on science, writing that Carson's remarks \"suggest he never learned or chooses to ignore basic, well-tested scientific concepts\".[37][38] Krauss has described himself as an antitheist[39] and takes part in public debates on religion. Krauss is featured in the 2013 documentary The Unbelievers, in which he and Richard Dawkins travel across the globe speaking publicly about the importance of science and reason as opposed to religion and superstition.[40] He has participated in many debates with religious apologists, including William Lane Craig[41] and John Lennox.[42] In his book Universe from Nothing: Why There is Something Rather than Nothing (2012), Krauss discusses the premise that something cannot come from nothing, which has often been used as an argument for the existence of a prime mover. He has since argued in a debate with John Ellis and Don Cupitt that the laws of physics allow for the Universe to be created from nothing. \"What would be the characteristics of a universe that was created from nothing, just with the laws of physics and without any supernatural shenanigans? The characteristics of the universe would be precisely those of the ones we live in.\"[43] In an interview with The Atlantic, however, he states that he has never claimed that \"questions about origins are over\". According to Krauss don't ever claim to resolve that infinite regress of why-why-why-why-why; as far as I'm concerned it's turtles all the way down\".[44] In an interview with Krauss in the Scientific American, science writer Claudia Dreifus called Krauss \"one of the few top physicists who is also known as a public intellectual.\"[29] Krauss is one of very few to have received awards from all three major American physics societies: the American Physical Society, the American Association of Physics Teachers, and the American Institute of Physics. In 2012, he was awarded the National Science Board's Public Service Medal for his contributions to public education in science and engineering in the United States.[45] In 2006, Krauss helped to organize a conference on gravity, funded by a foundation of financier and later convicted sex offender Jeffrey Epstein. The conference was held on St. Thomas in the U.S. Virgin Islands.[46] Later, while Krauss was the director of the Origins Project, it received $250,000 from an Epstein foundation called \"Enhanced Education\".[47][48][49] Activism Honors Relationship with Jeffrey Epstein 2/22/25, 8:21 Lawrence Krauss - Wikipedia 4/14 Krauss defended Epstein after his 2008 guilty plea of procuring for prostitution a girl below age 18. In 2011, Krauss told an interviewer, \"As a scientist always judge things on empirical evidence and he always has women ages 19 to 23 around him, but I've never seen anything else, so as a scientist, my presumption is that whatever the problems were would believe him over other people don't feel tarnished in any way by my relationship with Jeffrey feel raised by it.\"[50][51] Harvard Professor Steven Pinker said that Krauss was one of several colleagues who invited him to \"salons and coffee klatsches\" that included Epstein.[52] In a February 2018 article describing allegations that \"range from offensive comments to groping and non-consensual sexual advances\",[53] BuzzFeed reported a variety of sexual misconduct claims against Krauss, including two complaints from his years at Case Western Reserve University.[54] Krauss responded that the article was \"slanderous\" and \"factually incorrect\".[53] In a public statement, he apologized to anyone he made feel intimidated or uncomfortable, but stated that the BuzzFeed article \"ignored counter-evidence, distorted the facts and made absurd claims about [him].\"[55][56] Case Western Reserve responded to the student complaint by restricting Krauss's access to campus, although by the time the sanctions began he had already left for ASU.[54 stated that they had not received complaints from faculty, staff, or students before the BuzzFeed article but subsequently began an internal investigation regarding an accusation that Krauss grabbed a woman's breast while at a convention in Australia.[4] Investigators interviewed two eyewitnesses, and two other witnesses who immediately spoke with the unnamed woman. The witnesses described the woman as troubled and shocked. The woman told investigators that \"she did not feel victimized, felt it was a clumsy interpersonal interaction and thought she had handled it in the moment.\"[4 found that the preponderance of evidence suggested that Krauss had violated the university's policy against sexual harassment by grabbing a woman's breast without her permission.[57][58] As a result, Krauss was not renewed as director of the Origins Project and the university moved its staff to a project run by planetary scientist Lindy Elkins-Tanton, formally ending the Origins project.[59] In response to the university determination, Krauss produced a 51-page appeal document responding to the allegations, including a counter-claim that a photo claimed to be of Krauss grabbing a woman's breast was actually showing his hand moving away from the woman.[60] Several organizations also canceled scheduled talks by Krauss.[53] Krauss resigned from the position of chair of the Bulletin of the Atomic Scientists Board of Sponsors when informed that its other members felt his presence was distracting \"from the ability of the Bulletin to effectively carry out [its] work\".[61][62] Following the investigation, Krauss was placed on paid administrative leave starting in March of 2018 and was recommended for dismissal by the dean of the department. He later retired from at the end of the 2018\u20132019 academic year.[63] Allegations of sexual misconduct 2/22/25, 8:21 Lawrence Krauss - Wikipedia 5/14 Krauss has authored or co-authored more than three hundred scientific studies[64] and review articles on cosmology and theoretical physics. The Fifth Essence (1989), Basic Books 978-0465023752 Fear of Physics Guide for the Perplexed (1994), Basic Books 0-465-02367-3 The Physics of Star Trek (1996), Basic Books 0-465-00559-4 Beyond Star Trek: Physics from Alien Invasions to the End of Time (1998), HarperCollins 978-0060977573 Quintessence: The Search for Missing Mass in the Universe (2000), Basic Books 0-465- 03741-0 Atom: An Odyssey from the Big Bang to Life on Earth...and Beyond (2001), Black Bay 0- 316-18309-1 Hiding in the Mirror: The Mysterious Allure of Extra Dimensions, from Plato to String Theory and Beyond (2005), Viking 0-670-03395-2 Quantum Man: Richard Feynman's Life in Science (2011), Norton and Co 978-0-393- 06471-1 Universe from Nothing: Why There Is Something Rather Than Nothing (2012), Atria Books 978-1-4516-2445-8 [65] The Greatest Story Ever Told\u2014So Far: Why Are We Here? (2017), Atria Books 978-1-4767- 7761-0 The Physics of Climate Change (2021), Post Hill Press 978-1642938166 The Known Unknowns (2023), Head of Zeus/Apollo 978-1801100649 The Edge of Knowledge (2023), Post Hill Press 978-1637588567 100 Things to Do Before You Die (plus a few to do afterwards). 2004. Profile Books 978- 1861979254 The Religion and Science Debate: Why Does It Continue? 2009. Yale Press 978- 0300152999 The Energy of Empty Space that isn't Zero. 2006. Edge.org [66 dark future for cosmology. 2007. Physics World. The End of Cosmology. 2008. Scientific American. The return of a static universe and the end of cosmology. 2008. International Journal of Modern Physics. Late time behavior of false vacuum decay: Possible implications for cosmology and metastable inflating states. 2008. Physical Review Letters. The Cosmological Constant is Back, with M. S. Turner, Gen.Rel.Grav.27:1137\u20131144, 1995 Bibliography Books Contributor Articles 2/22/25, 8:21 Lawrence Krauss - Wikipedia 6/14 Krauss is given the Richard Dawkins Award by Mark W. Gura and Melissa Pugh of Atheist Alliance of America at the Reason Rally 2016. Krauss, Lawrence M. (June 2010). \"Why love neutrinos\". Scientific American. 302 (6): 19. Bibcode:2010SciAm.302f..34K ( doi:10.1038/scientificamerican0610-34 ( 20521478 ( The Unbelievers (2013) The Principle (2014) The Choice is Ours ( on YouTube (2016) Lo and Behold, Reveries of the Connected World (2016) The Farthest (2017) How the Universe Works (2010\u20132018) London Fields (2015) (cameo)[67] Salt and Fire (2016)[68] Intersect (2020) [69] Gravity Research Foundation First Prize Award in the 1984 Essay Competition[70] American Association for the Advancement of Science's Award for the Public Understanding of Science and Technology (2000)[71] Julius Edgar Lilienfeld Prize (2001)[72] Andrew Gemant Award (2001)[73] American Institute of Physics Science Writing Award (2002)[74] Oersted Medal (2003)[75] American Physical Society Joseph A. Burton Forum Award (2005)[76] Center for Inquiry World Congress Science in the Public Interest Award (2009)[77] Helen Sawyer Hogg Prize of the Royal Astronomical Society of Canada and the Astronomical Society of Canada (2009)[13] Physics World Book of the Year 2011 for Quantum Man[78] Media Documentary films Television Films Awards 2/22/25, 8:21 Lawrence Krauss - Wikipedia 7/14 National Science Board 2012 Public Service Award and Medal (2012)[79] Elected as Laureate of the International Academy of Humanism (2013)[80] Gravity Research Foundation First Prize Award in the 2014 Essay Competition[81] Humanist of the Year, 2015, American Humanist Association[82] (revoked in 2018 after allegations of sexual misconduct)[83][84] Richard Dawkins Award 2016, Atheist Alliance of America[85] 1. \"Alumni Notes\" ( (PDF). MIT. Retrieved May 15, 2014. 2. Krauss, Lawrence (June 1, 2010). \"Faith and Foolishness: When Religious Beliefs Become Dangerous\" ( Scientific American. 303 (2): 36. doi:10.1038/scientificamerican0810-36 ( 0810-36 20684370 ( Retrieved March 31, 2014. 3. \"Lawrence Krauss replaced as director of The Origins Project\" ( 2018/08/sppolitics-lawrence-krauss-replaced-as-director-of-the-origins-project). The Arizona State Press. Retrieved August 4, 2018. 4. Wadman, Meredith (2018) \"University finds prominent astrophysicist Lawrence Krauss grabbed a woman's breast.\" ( -lawrence-krauss-grabbed-woman-s-breast) Science Aug. 3. doi:10.1126/science.aav0010 5. Origins Project Foundation website ( 6. \"The Podcast (now a part of the Project Foundation) \u2013 The Origins Project Foundation\" ( 7. Critical Mass substack ( 8. \"On 'Radio Times:' Lawrence Krauss explains the 'curious accident' of human existence\" ( hyy.org/articles/on-radio-times-lawrence-krauss-explains-the-curious-accident-of-human-existenc e/). WHYY. March 20, 2017. Retrieved March 21, 2020. 9. \"Lawrence M. Krauss, BSc / 77\" ( leton.ca/grads/krauss-lawrence-m/). cualumni.carleton.ca. Carleton University Alumni Association. Archived from the original ( on April 7, 2014. Retrieved March 31, 2014. 10. \"Alumni/ae Notes\" ( s.pdf) (PDF). web.mit.edu. Massachusetts Institute of Technology. 2003. Retrieved March 31, 2014. 11. \"Inside Higher Ed's News\" ( 12. \"About The Origins Project\" ( origins.asu.edu. Arizona State University. Archived ( u.edu/about) from the original on July 31, 2018. Retrieved August 13, 2018. 13. Krauss, Lawrence. \"Curriculum Vitae\" ( Arizona State University. Retrieved August 14, 2011. 14. \"Origins Symposium 2009\" ( Arizona State University \u2013 Origins Project. Retrieved August 14, 2011. 15. Ratliff, Evan. 2004. \"The Crusade Against Evolution.\" ( evolution.html) 12 (October): 157\u2013161. References 2/22/25, 8:21 Lawrence Krauss - Wikipedia 8/14 16. \"The professoriate\" ( Archived ( chive.org/web/20110608234526/ June 8, 2011, at the Wayback Machine, New College of the Humanities, accessed June 8, 2011. 17. \"Renowned cosmologist makes a long-term fixture\" ( wned-cosmologist-makes-anu-long-term-fixture). anu.edu.au. May 31, 2013. Retrieved March 17, 2016. 18. Boutin, Paul (November 23, 2005). \"Theory of Anything? Physicist Lawrence Krauss Takes On His Own\" ( Slate. Retrieved August 14, 2011. 19. Reynosa, Peter (April 12, 2016). \"Some of the Changes Lawrence M. Krauss Should Make to the Second Edition of Universe From Nothing\" \" ( e-of-the-changes-lawre_b_9664630.html). The Huffington Post. Retrieved April 14, 2016. 20. Krauss, Lawrence M. (2012 Universe from Nothing: Why There Is Something Rather Than Nothing ( New York: Free Press. p. 130 (htt ps://archive.org/details/universefromnoth0000krau/page/130 978-1-4516-2445-8. 21. \"Afterword from Lawrence Krauss' New Book Universe From Nothing \u2013 Richard Dawkins \u2013 RDFRS\" ( niverse-from-nothing). RichardDawkins.net. January 16, 2012. Retrieved February 23, 2012. 22. Overbye, Dennis (February 20, 2012). \"There's More to Nothing Than We Knew\" ( mes.com/2012/02/21/science/space/cosmologists-try-to-explain-a-universe-springing-from-nothin g.html). The New York Times. Retrieved January 2, 2020. 23. Krauss, Lawrence M. (July 9, 2012). \"How the Higgs Boson Posits a New Story of our Creation\" (h ttps://web.archive.org/web/20130902081405/ how-the-higgs-boson-posits-a-new-story-of-our-creation.html). Newsweek. The Daily Beast. Archived from the original ( son-posits-a-new-story-of-our-creation.html) on September 2, 2013. Retrieved July 18, 2012. \"The Higgs particle is now arguably more relevant than God.\" 24. \"People \u2013 The Origins Project Foundation\" ( riginsprojectfoundation.org/people/). Archived from the original ( g/people/) on March 20, 2019. Retrieved April 13, 2019. 25. \"Origins Project Foundation Events\" ( The Origins Project Foundation. Retrieved June 18, 2019. 26. Krauss, Lawrence M.; Turner, Michael S. (1995). \"The Cosmological Constant is Back\". General Relativity and Gravitation. 27 (11): 1137\u20131144. arXiv:astro-ph/9504003 ( ph/9504003). Bibcode:1995GReGr..27.1137K ( 1137K). doi:10.1007/BF02108229 ( S2CID 14652827 (ht tps://api.semanticscholar.org/CorpusID:14652827). 27. \"On the Origin of Everything\" ( nothing-by-lawrence-m-krauss.html). The New York Times. March 25, 2012. 28. Boutin, Paul (November 23, 2005). \"Theory of Anything? Physicist Lawrence Krauss Takes on His Own\" ( Slate. Retrieved August 14, 2011. 29. Dreifus, Claudia (August 2004). \"Questions That Plague Physics: Lawrence Krauss Speaks About Unfinished Business\" ( (PDF). Scientific American. Retrieved August 14, 2011. 30. Horgan, John. \"Is Lawrence Krauss a Physicist, or Just a Bad Philosopher?\" ( camerican.com/cross-check/is-lawrence-krauss-a-physicist-or-just-a-bad-philosopher/). Scientific American Blog Network. Retrieved March 7, 2018. 31. Krauss, Lawrence M. (2017). The greatest story ever told... so far. New York: Atria Books. p. 255 978-1-4767-7761-0. 2/22/25, 8:21 Lawrence Krauss - Wikipedia 9/14 32. Krauss, Lawrence M.; Dent, James B. (August 7, 2013). \"Phys. Rev. Lett. 111, 061802 (2013): Higgs Seesaw Mechanism as a Source for Dark Energy\". Physical Review Letters. 111 (6). Prl.aps.org: 061802. arXiv:1306.3239 ( doi:10.1103/PhysRevLett.111.061802 ( 23971559 ( S2CID 37617416 ( nticscholar.org/CorpusID:37617416). 33. Nina Burleigh (August 12, 2015). \"It's Time for Presidential Candidates to Talk About Science\" (htt p:// Newsweek. \" 'Leading the national discussion requires some basic knowledge of what the important issues are, what is known and not known, and what new efforts need to be commenced,' says physicist Lawrence Krauss. 'Scientific data is not Democratic or Republican.' \" 34. Lawrence Krauss on Science Debate ( YouTube. February 23, 2008. Archived ( pvW2mBY) from the original on December 22, 2021. 35. Lawrence Krauss; Shawn Lawrence Otto (March 20, 2012). \"Americans Deserve a Presidential Science Debate\" ( _1364739.html). The Huffington Post. 36. \"Lawrence Krauss \u2013 The LHC, going to Mars, and the Presidential campaign\" ( net.au/radionational/programs/scienceshow/lawrence-krauss---the-lhc-going-to-mars-and-the-us/3 186544). The Science Show. Australian Broadcasting Corporation. September 27, 2008. \"Too little of the presidential campaign mentions science, says Krauss, considering its importance.\" 37. Lawrence Krauss (September 28, 2015). \"Ben Carson's Scientific Ignorance\" ( er.com/news/news-desk/ben-carsons-scientific-ignorance). The New Yorker. 38. \"Krauss High School Biology Student' Would Fail With Dr. Carson's Science Knowledge\" (http s://web.archive.org/web/20161013011757/ ool-biology-student-would-fail-with-dr-carsons-science-knowledge/). Alan Colmes Show. Fox News Radio. October 5, 2015. Archived from the original ( uss-a-high-school-biology-student-would-fail-with-dr-carsons-science-knowledge/) on October 13, 2016. Retrieved October 11, 2015. 39 cannot hide my own intellectual bias here. As state in the first sentence of the book have never been sympathetic to the notion that creation requires a creator. And like our late friend, Christopher Hitchens find the possibility of living in a universe that was not created for my existence, in which my actions and thoughts need not bend to the whims of a creator, far more enriching and meaningful than the other alternative. In that sense view myself as an anti-theist rather than an atheist.\" Krauss, Lawrence M., Everything and Nothing: An Interview with Lawrence M. Krauss ( Samharris.org, January 3, 2012 40 Official Trailer (Richard Dawkins & Lawrence Krauss)\" ( org/web/20131103113527/ 2013-official-movie-trailer-richard-dawkins-lawrence-krauss). Richard Dawkins Foundation for Reason and Science. February 8, 2013. Archived from the original ( news_articles/2013/2/8/the-unbelievers-2013-official-movie-trailer-richard-dawkins-lawrence-kraus s) on November 3, 2013. Retrieved November 2, 2013. 41 universe from nothing? Putting the Krauss-Craig debate into perspective ( religion/articles/2013/08/13/3824063.htm) by Luke Barnes, August 13, 2013 42. Brierley, Justin (2017). Unbelievable?: Why after ten years of talking with atheists, I'm still a Christian ( London: SPCK. p. 29 978- 0-281-07799-1. 43. Krauss, Lawrence. \"Why is there something rather than nothing\" ( mething-rather-than-nothing). IAI. Retrieved January 21, 2014. 2/22/25, 8:21 Lawrence Krauss - Wikipedia 10/14 44. Andersen, Ross (April 23, 2012). \"Has Physics Made Philosophy and Religion Obsolete?\" (https:// ete/256203/). The Atlantic. Retrieved June 12, 2014. 45. University of Texas at Austin. The M.E.L. Oakes Undergraduate Lecture Series ( xas.edu/oakes/krauss.html) Archived ( h.utexas.edu/oakes/krauss.html) July 26, 2011, at the Wayback Machine 46. Patel, Neel (July 13, 2019). \"Jeffrey Epstein liked palling around with scientists\u2014what do they think now?\" ( ssment). The Verge. Retrieved January 18, 2022. \"Krauss has long been an organizer for Epstein's scientific conferences, helping to collect many big names to gather under a single event. The biggest is perhaps a 2006 conference dedicated to understanding gravity, held at St. Thomas in the Virgin Islands, and bringing in scientists like the late Stephen Hawking\" 47. \"Former professor Lawrence Krauss received $250,000 from Jeffrey Epstein - The Arizona State Press\" ( eceived-250000-from-jeffrey-epstein). Retrieved February 15, 2025. 48. \"Jeffrey Epstein Called Himself \"Science Philanthropist\" And Donated Millions To These Researchers\" ( e/peteraldhous/jeffrey-epstein-sex-trafficking-science-donations). BuzzFeed News. Archived from the original ( ence-donations) on February 11, 2025. Retrieved February 15, 2025. 49. Moreno, J. Edward. \"Lawrence Krauss, accused of sexual misconduct, received $250K from Jeffrey Epstein\" ( cist-lawrence-krauss-got-250-k-jeffrey-epstein/1718659001/). The Arizona Republic. Retrieved February 15, 2025. 50. Wolfe, Alexandra (April 1, 2011). \"Jeffrey Epstein's society friends close ranks\" ( lybeast.com/katie-couric-woody-allen-jeffrey-epsteins-society-friends-close-ranks). Archived (http s://web.archive.org/web/20110405140356/ 04-01/bill-clinton-katie-couric-woody-allen-jeffrey-epsteins-society-friends-close-ranks/2/) from the original on April 5, 2011. 51. Darby, Luke (August 19, 2019). \"Private jets, parties and eugenics: Jeffrey Epstein's bizarre world of scientists\" ( s-jeffrey-epsteins-bizarre-world-of-scientists). The Guardian. 52. Stewart, James B. (July 31, 2019). \"Jeffrey Epstein Hoped to Seed Human Race With His DNA\" ( The New York Times. 53. Scragg, Chris (February 25, 2018 professor Lawrence Krauss accused of sexual misconduct\" ( -accused-of-sexual-misconduct). The State Press. Archived ( 6042442/ used-of-sexual-misconduct) from the original on February 26, 2018. 54. Aldhous, Peter; Ghorayshi, Azeen; Hughes, Virginia (February 22, 2018). \"Celebrity Atheist Lawrence Krauss Accused Of Sexual Misconduct For Over Decade\" ( peteraldhous/lawrence-krauss-sexual-harassment-allegations). BuzzFeed. Archived ( rchive.org/web/20180222165659/ -harassment-allegations) from the original on February 22, 2018. Retrieved February 27, 2018. 55. Ryman, Anne (March 7, 2018 professor Lawrence Krauss: Sex-misconduct allegations are 'absurd,' 'libelous' \" ( -professor-lawrence-krauss-says-sex-misconduct-allegations-absurd-libelous/405134002/). AZcentral. Retrieved August 28, 2021. 2/22/25, 8:21 Lawrence Krauss - Wikipedia 11/14 56. Chang, Kenneth (March 7, 2018). \"Arizona State Suspends Lawrence Krauss During Inquiry Over Sexual Misconduct Accusations\" ( rizona-state.html). The New York Times. Archived ( from the original on March 8, 2018. Retrieved August 28, 2021. 57. Searle, Mark (July 31, 2018). \"Determination of complaint of violation of 401\" ( ncemag.org/sites/default/files/Melanie%20Thomson%207.31.18.pdf \| Science Magazine. Archived ( es/default/files/Melanie%20Thomson%207.31.18.pdf) (PDF) from the original on August 14, 2018. Retrieved August 13, 2018. 58. Kimberly Rapanut (August 7, 2018). \"Lawrence Krauss violated sexual harassment policies, investigation shows\" ( s-lawrence-krauss-groped-woman-while-on-asu-funded-trip). The State Press. Arizona State University. 59. Shea, Parker (September 29, 2018). \"ASU's Origins Project to move under Interplanetary Initiative\" ( -interplanetary-initiative). The State Press. Retrieved March 20, 2019 announced Thursday that the Origins Project, formerly headed by Lawrence Krauss, will move underneath the University's Interplanetary Initiative and lose its name.\" 60. \"Arizona State U. Physicist Offers Lengthy Rebuttal to Sexual-Misconduct Accusations\" ( ww.chronicle.com/article/arizona-state-u-physicist-offers-lengthy-rebuttal-to-sexual-misconduct-ac cusations/). The Chronicle of Higher Education. October 25, 2018. Retrieved December 26, 2024. 61. Sinclaire, Janice (March 6, 2018). \"Lawrence Krauss resigns from Bulletin of the Atomic Scientists' Board of Sponsors\" ( n-atomic-scientists\u2019-board-sponsors). Bulletin of the Atomic Scientists. Rachel Bronson. Archived ( ence-krauss-resigns-bulletin-atomic-scientists%E2%80%99-board-sponsors) from the original on March 8, 2018. 62. \"Lawrence Krauss Letter of Resignation\" ( auss%20Letter%20of%20Resignation.pdf) (PDF). Bulletin of the Atomic Scientists. March 6, 2018. Archived ( wrence%20Krauss%20Letter%20of%20Resignation.pdf) (PDF) from the original on March 8, 2018. 63. Haag, Matthew (October 22, 2018). \"Lawrence Krauss to Retire From Arizona State After Sexual Misconduct Accusations\" ( exual-harassment.html). The New York Times. Retrieved March 17, 2019. 64. \"Lawrence M. Krauss\" ( Google Scholar. Retrieved November 6, 2024. 65. \"Lawrence Krauss\" ( Arizona State University. Retrieved August 14, 2011. 66. \"The Energy of Empty Space That Isn't Zero\" ( pace-that-isn-39t-zero). July 5, 2006. 67. \"Interview with Lawrence Krauss\" ( s/). June 7, 2014. Retrieved June 19, 2014. 68. \"Salt and Fire (2016)\" ( IMDB. Retrieved March 18, 2016. 69. \"Intersect (2020)\" ( \u2013 via 70. \"Dark Matter and Inflation\" ( archfoundation.org/winners_year.html#84). December 2014. Archived from the original ( w.gravityresearchfoundation.org/winners_year.html#84) on September 29, 2007. 2/22/25, 8:21 Lawrence Krauss - Wikipedia 12/14 71 Public Engagement with Science Award Recipients\" ( c-engagement-science-award-recipients). American Association for the Advancement of Science. Retrieved March 31, 2014. 72. \"Julius Edgar Lilienfeld Prize\" ( American Physical Society. Retrieved March 31, 2014. 73. \"Gemant Award Winners\" ( American Institute of Physics. Retrieved March 31, 2014. 74. \"Elections\" ( American Physical Society. Retrieved March 31, 2014. 75. \"The Oersted Medal\" ( American Association of Physics Teachers. Retrieved March 31, 2014. 76. \"Joseph A. Burton Forum Award\" ( American Physical Society. Retrieved March 31, 2014. 77. \"Randi, Krauss, Kurtz Honored with Major Awards\" ( urtz_honored_with_major_awards/). The Committee for Skeptical Inquiry. Retrieved March 31, 2014. 78. \"Physics World Book of the Year 2011\" ( December 19, 2011. 79. \"The National Science Board Announces Recipient of the 2012 Public Service Award\" ( w.nsf.gov/news/news_summ.jsp?cntn_id=123633). The National Science Foundation. Retrieved March 31, 2014. 80. \"International Academy of Humanism\" ( secularhumanism.org/index.php/3258). Council for Secular Humanism. Archived from the original ( on March 30, 2018. Retrieved March 31, 2014. 81. Krauss, Lawrence M; Wilczek, Frank (2014). \"From B-modes to quantum gravity and unification of forces\" ( winners_year.html#14). International Journal of Modern Physics D. 23 (12): 1441001. arXiv:1404.0634 ( Bibcode:2014IJMPD..2341001K ( abs.harvard.edu/abs/2014IJMPD..2341001K). doi:10.1142/S0218271814410016 ( 0.1142%2FS0218271814410016). S2CID 14943190 ( 943190). Archived from the original ( 14) on September 29, 2007. 82. \"Krauss named Humanist of the Year\" ( -year News. December 4, 2014. 83. Henry, Sarah (October 25, 2018 Board of Directors Revokes Lawrence Krauss Humanist of the Year Award\" ( awrence-krauss-humanist-of-the-year-award/) (Press release). American Humanist Association. Retrieved August 6, 2023. 84. Seering, Lauryn (January 27, 2017). \"Lawrence Krauss's 2016 National Convention Speech - Freedom From Religion Foundation\" ( 2016-national-convention-speech). ffrf.org. Retrieved November 21, 2023. 85. Mark.Gura. \"Dr. Lawrence Krauss Receives the 2016 Richard Dawkins Award\" ( tallianceamerica.org/the-richard-dawkins-award/dr-lawrence-krauss-receives-the-richard-dawkins- award/). Atheist Alliance of America. Retrieved November 21, 2023. 2/22/25, 8:21 Lawrence Krauss - Wikipedia 13/14 Lawrence Krauss at Origins Project Foundation ( Archived ( e/) March 20, 2019, at the Wayback Machine Articles ( on the Bulletin of the Atomic Scientists Articles ( on The New Yorker Lawrence Krauss interviewed by Bill Ludlow, February 26, 2019 ( v=hpkD8o4SPsc) Lawrence Krauss ( on Twitter Lawrence Krauss ( at IMDb Lawrence Krauss ( interviewed on the show Triangulation on the TWiT.tv network \"The Origins Channel with Lawrence Krauss\" ( ut). YouTube; YouTube channel started in 2019 Retrieved from \" External links 2/22/25, 8:21 Lawrence Krauss - Wikipedia 14/14", "7219_105.pdf": "He was ousted from his post at the University last week but remains on paid leave Professor Lawrence Krauss speaks at the National Press Club in Washington, D.C., on Thursday, Jan. 25, 2018. Thom Wolf Courtesy By Kimberly Rapanut \| August 7, 2018 \| 9:15pm Following several months of investigation concluded last week that professor Lawrence Krauss violated the University\u2019s sexual harassment policy by groping a woman\u2019s breast while on an ASU- funded trip in late 2016. The incident occurred in at a convention in Australia in November 2016 where Krauss was an invited speaker. At a gala dinner during the convention, Krauss allegedly grabbed the breast of a woman after she took a selfie with him, according to a report of the investigation's findings. 2/22/25, 8:21 Lawrence Krauss violated sexual harassment policies, investigation shows - The Arizona State Press 1/4 The woman, who remains unnamed, did not initially report the incident or agree to be interviewed by investigators or media outlets, the documents state. The conclusion represents a reversal for the University, which had previously told Melanie Thomson, a microbiologist who witnessed the incident and filed a report with in 2017, that Krauss' alleged actions did not constitute a breach of University policy. ASU\u2019s Office of Equity and Inclusion reopened the case in February 2018 after new witnesses were identified, and in March, Krauss was put on paid leave. Even though Thomson had never met or interacted with Krauss prior to the convention, she said she had been warned of Krauss and his inappropriate behavior from colleagues. The woman involved in the incident was a friend of Thomson, she said. Thomson shared the University's final report along with a letter from ASU's executive vice president and provost, Mark Searle, with The State Press. The allegations Included with Thomson\u2019s initial complaint was the selfie of Krauss and the woman, whose face was redacted in the photo. According to the report, the image shows Krauss with one arm around the woman and his right hand \u2014 the one he reportedly grabbed the woman's breast with \u2014 mid-air. During the investigation, Krauss told officials he likely had his hand raised to help steady the woman due to a loss of balance while the photo was taken, the report states. Additionally, he added that he may have raised his hand to block the camera's anticipated flash Findings on Lawrence Krauss contributed by The State Press (The State Press) p 4 University findings on Lawrence Krauss (p. 4) Note by The State Press File Text Pages Notes Search Sections Fit width Page 4 of 4 2/22/25, 8:21 Lawrence Krauss violated sexual harassment policies, investigation shows - The Arizona State Press 2/4 ASU's final report states that due to the corroboration of consistent stories from five interviewees \u2014 one being the woman involved \u2014 Krauss did grab the woman's breast and his explanation for his raised arm did not outweigh the other evidence. Additionally, because had funded a trip where Krauss was acting as a representative of the University, the final report states his actions created an inappropriate setting and violated ASU's Code of Ethics. \"The evidence supports the conclusion that Respondent\u2019s conduct created an offensive environment for academic pursuits by the unnamed female attendee as well as other conference attendees,\" the documents state. Krauss took to to Twitter to post a nine-page denial when the allegations first publicly surfaced in a February Buzzfeed investigation. My response \u2014 Lawrence M. Krauss (@LKrauss1) March 7, 2018 Moving forward In the letter to Thomson, dated July 31, 2018, Searle wrote, \u201cResponsive administrative action is being taken to prevent any further recurrence of similar conduct.\u201d The investigation\u2019s conclusion came days before the announcement that Krauss had been replaced as director of ASU\u2019s The Origins Project, an initiative he once spearheaded. He announced that he would not be continuing his directorship in a Tweet on August 2, and pointed to Lindy Elkins-Tanton, the director of the University's School of Earth and Space Exploration, as his replacement. Read more: Lawrence Krauss replaced as director of The Origins Project Krauss remains on paid leave by ASU. According to the report, the woman told investigators that she did not feel victimized following the incident. She added that she felt it was a \"clumsy interpersonal interaction\" that did not merit Krauss losing his career. \u201cIt is the policy of the university not to comment on ongoing personnel matters,\u201d an spokesperson said in an emailed statement. Krauss was not immediately available for comment. Reach the reporter at Kimberly.Rapanut@asu and follow @kimrapanut on Twitter. Like State Press on Facebook and follow @statepress on Twitter. Continue supporting student journalism and donate to The State Press today. Subscribe to Pressing Matters Your Email Address 2/22/25, 8:21 Lawrence Krauss violated sexual harassment policies, investigation shows - The Arizona State Press 3/4 \u00a9 2025 The State Press. All rights reserved. Powered by Solutions by The State News Politics Business and Tech Community Opinion The Echo Multimedia Sports La Prensa Magazine Classifieds About Contact Work for Us Advertise Privacy Policy Newsletter Masthead 2/22/25, 8:21 Lawrence Krauss violated sexual harassment policies, investigation shows - The Arizona State Press 4/4"}
8,234	Mel Peters	Duke University	[ "8234_101.pdf" ]	{"8234_101.pdf": "Duke: Professor accused of sexual harassment no longer teaching at university Posted 9:53 a.m. Apr 17, 2019 \u2014 Updated 9:53 a.m. Apr 17, 2019 21 closings/delays reported. By Sarah Krueger reporter Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 1/9 Duke University official said a professor accused of sexually harassing students is not currently teaching and there are no plans for him to teach at the school again. It\u2019s not clear if the move is related to the allegations that surfaced earlier this month. Duke alumna Jill Hicks-Keeton said that in 2008, religious studies professor Mel Peters humiliated and harassed her in a doctoral class. She said Peters made comments about her appearance and asked her about her undergarments. From Duke student to Virginia's second-in- command: The disturbing allegations that might end Justin Fairfax's political ascent In an open letter to Duke President Vincent Prince that she posted on social media, Hicks-Keeton said that Peters suggested she would get a job in academia because of her looks. Two other students in the class told her Peters also made them uncomfortable. She was part of a meeting with the Office of Institutional Equity but was afraid of retaliation, so she didn\u2019t file a formal complaint, she said worried would be too much trouble for the department in which desperately wanted to succeed,\u201d Hicks-Keeton wrote in the letter. Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 2/9 \u201cFurthermore never wanted to see Mel Peters again.\u201d She complained to university officials in September 2018 after reading about another instance of sexual harassment at the school, but nothing was done, she said. When she learned Peters received a mentoring award several weeks ago, she decided to go public with the allegations would like a response,\u201d Hicks-Keeton wrote in the letter. \u201cAnd if Peters has indeed been sanctioned by the Duke administration for sexual harassment, say it out loud.\u201d Lawsuits target alleged sex abuse at Duke children's camp Duke said in a statement that it cannot comment on specific cases but is committed to addressing sexual harassment. \u201cThe painful experiences of students and faculty who have reported sexual harassment must be acknowledged and validated,\u201d Michael Schoenfeld, the university\u2019s vice president for public affairs and government relations, said in the statement. Schoenfeld said Peters is no longer teaching at the university. When News asked Peters for a comment about the allegations, he said he had \u201cno idea\u201d what we were talking about Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 3/9 From Duke student to Virginia's second-in-command: The disturbing allegations that might end Justin Fairfax's political ascent Lawsuits target alleged sex abuse at Duke children's camp Related Topics sexual harassment Duke Copyright 2025 by Capitol Broadcasting Company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Around the Web Stop Information Overload Ethereal Search Engine Restaurant Ratings: Wang's Kitchen and Ruby Tuesday wral Hamas frees first 5 of 6 Israeli hostages to be released in the latest exchange wral Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 4/9 Trump fires chairman of the Joint Chiefs of Staff wral The New Normal of Selling a Home Today Five Reasons Your Car Insurance Rate Changes Get Dog Food Designed for Your Dog's Health & Happiness Heartwarming Reaction From a Couple Meeting Their Rescue Dog for the First Time Should You Buy an Electric Car? Why Google Workspace for Business is Worth the Upgrade Take on a Challenge: Make Pasta Al Limone at Home Is My Space a Good Fit for Airbnb? Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 5/9 Got Plant Milk? Add These 16 Plant Milks to Your Mug for Health, Flavor, and Fro Ring Devices Help Make Peace of Mind More Accessible to All Walmart Center for Racial Equity Update: Advancing Equity in Criminal Justice Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 6/9 \u2192 Get the app Local news & alerts State's Keatts blames for lack of Final Four bump. Will he get chance to rebuild roster again? Bill Belichick sets schedule for first practices at North Carolina 4 Nations Face-Off shatters expectations as a hockey showcase. The Milan Olympics are up next Tar Heels rout State before open-door Smith Center crowd on snowy night James and Brooks score 17 points apiece, lead No. 13 N.C. State women over No. 20 Georgia Tech 83-68 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 7/9 WeatherCenter Forecast Evening Pick 3 Pick 4 and Cash 5 Mega Millions Drawing Daytime Pick 3 and Pick 4 Drawing Sky 5 flies over Fayetteville scene where multiple people stabbed People of Careers Contests Help Ways to Reach Us Send tips, photos or videos Submit a correction Advertise with Us Newsletters & Alerts Our Apps Listings Terms of Use Advertising Terms and Conditions Privacy Policy Ad Choices Raleigh \u00b7 2:01 \u00b7 1:27 \u00b7 0:40 \u00b7 1:21 \u00b7 30:45 \u2023 \u2023 \u2022 \u2022 Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 8/9 Wilmington Public File Applications Closed Captioning \u00a92025 Capitol Broadcasting Company, Inc. Spotlight Obituaries Classifieds Families First VCAs Best of Guid 32 2/22/25, 8:22 Duke: Professor accused of sexual harassment no longer teaching at university 9/9"}
7,725	Paul Roman	University of Georgia	[ "7725_101.pdf", "7725_102.pdf", "7725_103.pdf", "7725_104.pdf" ]	{"7725_101.pdf": "prof faces restrictions after harassment inquiry Lee Shearer [email protected] Published 11:02 p.m Nov. 22, 2011 prominent University of Georgia researcher must schedule visits to his own office and can no longer make personnel decisions affecting members of his research team after he was found in violation of UGA\u2019s harassment policy. Paul Roman, an expert in substance abuse treatment, created a hostile work environment for female employees, and retaliated against one of them after she filed a complaint about his behavior officials found. \u201cIn particular, there were mutually corroborating reports of your making comments to individual employees or in group settings, directly or by innuendo, of a sexual nature or that were otherwise demeaning to women or otherwise inappropriate within the context of the (Non-Discrimination and Anti-Harassment) Policy,\u201d former Director of Equal Opportunity Stephen Shi wrote in a letter to Roman last May. Roman holds the title of Distinguished Research Professor of Sociology and earlier this year was named a Regents Professor, one of the University System of Georgia\u2019s highest academic honors, which includes a $10,000 raise. He is director of the Center for Research on Behavioral Health and Human Services Delivery, a part of the William A. and Barbara R. Owens Institute for Behavioral Research, and has brought in more than $33 million in grant funding to over the past 25 years. Roman appealed the decision and his punishment, but President Michael Adams denied the appeal. \u201cIt is clear that the policies and procedures of the university were followed in your case and that the sanctions imposed are appropriate and not unreasonably harsh based on the circumstances,\u201d Adams wrote in an Oct. 26 letter to Roman. 2/22/25, 8:23 prof faces restrictions after harassment inquiry 1/3 \u201cTaken together, the evidence establishes by a clear preponderance that (Roman) has engaged in conduct over a relatively long period that has not only been unpredictably irrational in terms of the behaviors involving expressions of extreme anger, frustration or other strong and visible emotion, but (violated UGA\u2019s Non-Discrimination and Anti- Harassment Policy),\u201d Shi wrote in a separate memo. \u201cNumerous employees spoke of their high levels of anxiety over coming to work each day due to the unpredictability, and according to some, increasingly demonstrative bullying ...\u201d Shi also said Roman was more negative toward female staff members than males \u2014 a charge Roman denied. If women received more negative comments, it is because most of his senior scientists over the years were women, Roman said do not agree with the assertion that sexually harass the staff of my shop,\u201d Roman wrote to Shi following a May meeting with the Equal Opportunity Office director. Roman also denied threatening or demanding apologies from a woman who had talked with investigators in Shi\u2019s office about another worker\u2019s previous complaint about Roman\u2019s conduct. The woman and Roman at one point had a loud confrontation or argument, overheard by other workers in the center. \u201cMy sole concern was with a pattern of duplicity that was beginning to accumulate and which found to be unacceptable,\u201d Roman wrote to Shi released the letters and other documents under an Athens Banner-Herald open records request. At one point, Roman suggested in the presence of workers and others that a woman present in the lab for a job interview could be the \u201centertainment\u201d for someone\u2019s bachelor party, Shi wrote. Roman said he didn\u2019t recall that ever happening officials spelled out new rules for Roman following the university\u2019s investigation. He is allowed to visit his office in Barrow Hall two days a week and must give research scientists who work with him 24 hours notice of any other visits to Barrow Hall. Roman\u2019s hours were not restricted for his second office, which is in UGA\u2019s Baldwin Hall. Now, meetings with the research staff also must be scheduled regularly, with a printed agenda, according to rules for Roman laid down by Garnett Stokes, the former dean of the 2/22/25, 8:23 prof faces restrictions after harassment inquiry 2/3 Franklin College of Arts and Sciences. Meetings with his senior research scientists must be group meetings, and only on the days Roman is regularly scheduled to be in Barrow Hall, according to the rules laid down by Stokes. Administrators also told Roman that his emails must be strictly about work and professional matters, and that he must send copies of emails to other administrators in the Franklin College and in the Institute for Behavioral Research. Roman was also ordered to take an anger-management course. The sociologist is also prohibited from making personnel evaluations about three research scientists who work on his research team except in consultation with outside administrators. 2/22/25, 8:23 prof faces restrictions after harassment inquiry 3/3", "7725_102.pdf": "University of Georgia Department of Sociology CrimRxiv Consortium, Founding Member The Department of Sociology at the University of Georgia emphasizes research on crime, law and deviance. Their faculty and graduate students embrace a variety of methodologies, including ethnography, experiments, and secondary data analysis. Their research is interdisciplinary, with collaborators in other fields and disciplines. Follow them on Twitter @SociologyUGA. Learn about their graduate programs Mano Dura v. Uneasy Peace: Effects of Tough-on-Crime and Gang Truce Policies in the Former Murder Capital of the World by Guillermo Jes\u00fas Esca\u00f1o, David McDowall, and William Alex Pridemore Published: Jan 25, 2025 Firearm Violence and Off-Premises Alcohol Outlets: The Role of Outlet Characteristics and Distance by Aleksandra J. Snowden, Constance A. Kostelac, Felice F. Borisy-Rudin, and William Alex Pridemore Published: Sep 06, 2024 Firearm violence is a leading cause of morbidity and mortality among young men in the US. While an association of alcohol availability with violence is well established, the mechanisms through which it operates are unclear, and the role of alcohol availability in firearm ... Assistant/Associate Professor of Sociology by University of Georgia Search Dashboard Login or Signup 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 1/6 Published: Jul 29, 2024 The Department of Sociology at the University of Georgia invites applications for two Assistant Professor positions to begin August 1, 2025. For both positions we will consider exceptional candidates at the early Associate Professor level. The first position is in the area of ... Income Extraction via the Criminal Legal System Community-Level Perspective by Sarah K. S. Shannon, Ryan Larson, Ian Kennedy, Kate K. O\u2019Neill, and Alexes Harris Published: Jun 19, 2024 Legal financial obligations (LFOs) are financial penalties imposed by U.S. criminal courts that generate disproportionate negative effects for poor and minoritized individuals and communities. In this visualization, the authors use court administrative data for all criminal by Amairini Sanchez Published: Jun 17, 2024 The crimmigration literature has primarily focused on the way that the enforcement of civil immigration law by criminal justice agencies has adversely affected immigrants. This literature has highlighted harmful policing practices and punitive policies that restrict immigrant ... The Significance of Duration Weighted Neighborhood Effects for Violent Behavior and Explanation of Ethnoracial Differences by Paul E. Bellair, Thomas L. McNulty, and Daniel L. Carlson Published: May 09, 2024 Two important issues constrain the neighborhood effects literature. First, most prior research examining neighborhood effects on aggression and self-reported violence uses a point in time (i.e., cross-sectional) estimate of neighborhood disadvantage even though the duration ... Examining Utilization of Family-Based Treatment in Substance Use Treatment Centers by Jessica L. Chou, Rikki Patton, Lydia Aletraris, Asif Zaarur, Christine Grella, Paul Roman, and Erika Feeney Published: Apr 12, 2024 The multiple benefits of family-based treatment (FBT) used in substance use disorder (SUD) treatment include increased treatment engagement, better treatment outcomes, and cost-effectiveness compared to other behavioral health treatment modalities. However, the prevalence and ... 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 2/6 Violence Increases Psychological Distress Among Women Trafficking Survivors in Ghana by Timothy G. Edgemon, Jody Clay-Warner, Tenshi Kawashima, John K. Anarfi, and David Okech Published: Feb 13, 2024 Human trafficking is a crime that is often shaped by violence, particularly for women who are trafficked. Additionally, trafficking survivors often report severe psychological distress, though research on the causes of this psychological distress is lacking, as there is ... Region-Specific Structural Covariates of Homicide Rates in Latin America: State Legitimacy and Remittances by Guillermo Jes\u00fas Esca\u00f1o and William Alex Pridemore Published: Jan 28, 2024 The goal of this study was to examine region-specific structural covariates of homicide rates in Latin America and the Caribbean nations possess 8% of the global population but 33% of homicides, yet the region receives limited attention in studies of social ... Population-Level Alcohol Consumption and Homicide Rates in Latin America Fixed Effects Panel Analysis, 1961-2019 by Guillermo J. Escano and William Alex Pridemore Published: Dec 13, 2023 Latin America and the Caribbean (LAC) possesses 8% of the global population but approximately one-third of global homicides. The region also exhibits high per capita alcohol consumption, risky drinking patterns, and a heterogeneous mix of beverage preferences. Despite this, ... Racial Discrimination and Delinquent Behavior among Black American Youth Dynamic, Within-person Approach by Alyssa Lauren Brown Published: Dec 05, 2023 Understanding how the various manifestations of racism in contemporary U.S. society impact developmental outcomes for Black youth remains an important research endeavor growing body of research indicates that interpersonal racial discrimination is a risk factor for 1250-1750 by Mark Cooney and Jeffery Patterson Published: Nov 13, 2023 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 3/6 key issue in criminology is to account for variation in rates of violence across time and place. An by Britta Girtz Published: Aug 08, 2023 The problem of intimate partner violence (IPV) and the role of various organizations\u2014including shelters, courts, law enforcement, and child protective services, among others\u2014is a pervasive one affecting every demographic in society. The issue is compounded by structures of Review and Analysis of the Impact of Homicide Measurement on Cross-National Research by Meghan L. Rogers and William Alex Pridemore Published: Jun 30, 2023 The number of cross-national homicide studies is increasing rapidly. Many scholars, however, do not consider the details of how individual nations and the four main centralized homicide data sources\u2014raw estimates from the World Health Organization (WHO) Mortality Database, ... Conditions of Confinement and Incarcerated Women\u2019s Mental Health by Timothy G. Edgemon and Jody Clay-Warner Published: May 24, 2023 Research on incarceration and mental health from a deprivation perspective has focused primarily on incarcerated men, rendering the links between prison deprivations and women\u2019s mental health largely unknown. Previous research indicates, however, that women experience prison by Daniel J. Boches Published: May 05, 2023 How doctors police mistakes among themselves varies. Physicians support, tolerate, avoid, ridicule, confront, report, and banish colleagues for errors. What explains this variation? Drawing on semi-structured interviews with 43 clinicians from two academic health systems, ... Assessing the Causal Link between the COVID-19 Pandemic and Racial Discrimination by Jun Zhao, Justine E. Tinkler, and Kristen A. Clayton Published: Apr 23, 2023 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 4/6 In this article, we report the results of a randomized controlled experiment that examines how exposure to information about a global pandemic from Asia affects white Americans\u2019 prosocial behavior towards white judicializa\u00e7\u00e3o da sa\u00fade infantil: um estudo de decis\u00f5es judiciais do Estado deS\u00e3o Paulo by Vanessa Boarati, Mariana Skaf, Natalia Pires de Vasconcelos, Helena Funari, Henrique Wang, Amanda Pereira, Daniela Matos, and Joao Lucas de Gusm\u00e3o Published: Jan 15, 2023 produ\u00e7\u00e3o cient\u00edfica muito avan\u00e7ou sobre o que se conhece da judicializa\u00e7\u00e3o da sa\u00fade, especialmente suas causas normativas, institucionais. Pouco sabemos, contudo, sobre as causas sociais que levam pessoas a procurar o sistema de justi\u00e7a. Este estudo contribui com esta ... The contingent effect of incarceration on state health outcomes by Christopher Uggen, Jason Schnittker, Sarah Shannon, and Michael Massoglia Published: Dec 28, 2022 This study examines how growth in the population of former prisoners affects rates of communicable diseases such as tuberculosis, syphilis, chlamydia, and HIV. We estimate state-level fixed effects count models showing how the former prisoner population affected communicable ... Mestizaje Undone Qualitative Social Media Analysis of Afro-Latinx Identity & #BlackLivesMatter Activism by Ashley Crooks-Allen Published: Dec 12, 2022 What does it mean to exist as a Black person in a community that is notorious in its anti-Black reputation? In the U.S., those who identify as Afro-Latinx, do so at the intersection of a Latinx community that often rejects them and an African American community that does ... Covid-19 and Prisons in Latin America: The Cases of Brazil and Colombia by Nat\u00e1lia Pires de Vasconcelos and colleagues Published: Dec 12, 2022 The Coronavirus pandemic has affected Latin America deeply. The effects of the pandemic are reverberating most acutely across the broken prison systems in this region with searing inequalities. Most of what is happening now inside prison walls could and should have been ... Effects of Mandatory Sexual Misconduct Training on University Campuses by Mala Htun, Francesca R. Jensenius, Melanie Sayuri Dominguez, Justine Tinkler, and Carlos Contreras Published: Sep 20, 2022 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 5/6 The authors explore whether mandatory, universal, in-person sexual misconduct training achieves its goals to build knowledge about sexual assault and harassment and increase intentions to report episodes of Witchcraft and Partisanship in Contemporary Society: The Case of QAnon by Jeffrey Patterson Published: Aug 08, 2022 QAnon is a wide-scoped conspiracy theory that rose to significant prominence, particularly online, since its 2017 inception with pseudononymous posts made to the website 4Chan by a self-described Clearance Patriot\u201d or \u201cQ\u201d as they are often referred. Significant scholarly ... What Is Wrong with Monetary Sanctions? Directions for Policy, Practice, and Research by Brittany Friedman and colleagues Published: Jan 01, 2022 Monetary sanctions are an integral and increasingly debated feature of the American criminal legal system. Emerging research, including that featured in this volume, offers important insight into the law governing monetary sanctions, how they are levied, and how their ... Perceived Inequality and Cross-National Homicide Rates by Meghan L. Rogers and William Alex Pridemore Published: Jul 27, 2020 Justice Quarterly; 2/22/25, 8:23 University of Georgia, Department of Sociology \u00b7 CrimRxiv 6/6", "7725_103.pdf": "documents/article_59704dbc-deee-5a70-aa80-b5cef2ad1a36.html Complainants in sexual harassment investigations fear lack of protection (w/ documents) Julia Carpenter Dec 1, 2011 She was afraid because Paul Roman knew her name. Roman, a University sociology professor, was aware female researchers presented the Equal Opportunity Office with complaints of his unprofessional work behavior and creation of a hostile workplace at the Institute of Behavioral Research. 2/22/25, 8:23 Complainants in sexual harassment investigations fear lack of protection (w/ documents) \| News \| redandblack.com 1/3 may sound paranoid but I\u2019m concerned about the names of my friends who work at the center being released,\u201d she wrote in an email to The Red & Black in early November know there\u2019s not much you can do if it\u2019s in the open record file but just wanted to follow up with you and ask that their identities be protected as much as possible.\u201d She wrote she could not seek help from University administrators for risk of being discovered by Roman and exposing her identity, as well as that of other researchers, to negative consequences within the workplace. She wrote \u201cthe sensitivity of the issue\u201d demanded she seek help outside the University \u2014 an action Roman couldn\u2019t track. She claimed Roman could identify her and other complainants if she worked within administrative channels, as he had threatened retaliation against female employees who he already suspected were involved in alerting the may be a little paranoid but just wanted to follow up with you again and request the greatest extent of anonymity your staff can give,\u201d she wrote. Anonymity, it turns out, is not the University\u2019s strong suit. Mitch Clayton, manager of the Open Records Office, said Georgia law does not mandate redacting the names of anonymous complainants when releasing documents related to cases of sexual harassment. \u201cLet me stress something first: nothing we redact is optional,\u201d Clayton said. \u201cWe are bound by the letter of the law and follow it closely. There are exemptions that allow what is releasable and what\u2019s not.\u201d The identities of victims or complainants in a sexual harassment case do not fall under such exemptions. \u201cThere is no statute or exemption for people who make complaints in cases of sexual harassment,\u201d Clayton said wish there was something in there to let me take some names out, but there\u2019s no exemption for that.\u201d Clayton said in cases where student information is compromised, his office follows different protocol \u2014 but in cases involving employee-employer relations, the names of complainants are not redacted. \u201cThere\u2019s really no protection for the employee in cases like that,\u201d Clayton said March investigation by The Red & Black revealed continued problems with documents\u2019 protection of victim and complainants\u2019 identities in cases of sexual harassment student victim\u2019s name was redacted in one open records request but then untouched in another. 2/22/25, 8:23 Complainants in sexual harassment investigations fear lack of protection (w/ documents) \| News \| redandblack.com 2/3 found that there was absolutely no protection for this individual as well as others,\u201d one woman said, referencing a complainant in a case. Billie Dziech, a prominent researcher on sexual harassment, has seen victims hesitate to come forward for fear of the same outcome \u2014 names revealed in open records requests lead to damaged reputations within the department, revoked letters of recommendation and dashed project opportunities dashed. \u201cOnly about 5 percent of sexual harassment is ever reported, which means there may be 95 percent of people out there who aren\u2019t reporting what happens because they are afraid, afraid of losing their jobs,\u201d Dziech said. \u201cJobs in higher education are very difficult to come by.\u201d If The Red & Black could obtain documents so rife with names of complainants, Dziech said, Roman could feasibly do the same in order to identify the employees who spoke to the EOO. \u201cSo it\u2019s entirely characteristic that they wouldn\u2019t come forward because they would be marked,\u201d she said. \u201cThe likelihood is they would never, never find jobs at other institutions so they just stay in place, putting up with it.\u201d Of course, the request for anonymity cuts both ways. On Nov. 2, Roman emailed University officials in response to an email Noel Fallows, associate dean of Franklin College, sent alerting invested parties that University President Michael Adams had denied Roman\u2019s appeal. In his email, Roman took objection to Fallows\u2019 sharing the contents of the letter with associate professor Brian Bride, and the female researcher he suspected was a complainant in his case. Roman said he would prefer if personal details of his case were kept \u201cas confidential as possible.\u201d Paul Roman document Updated Jun 12, 2012 2/22/25, 8:23 Complainants in sexual harassment investigations fear lack of protection (w/ documents) \| News \| redandblack.com 3/3", "7725_104.pdf": "policy-w-documents/article_00f1b69e-bbcd-5d57-8f27-93f80761fe5d.html Prominent professor faces restrictions after found in violation of sexual harassment policy (w/documents Nov 23, 2011 prominent University researcher faces severe restrictions after he was found in violation of a sexual harassment case brought against him last year. Paul Roman documents 2/22/25, 8:23 Prominent professor faces restrictions after found in violation of sexual harassment policy (w/documents) \| News \| redandblac\u2026 1/3 In documents obtained by The Red & Black, University officials said Paul Roman, professor of sociology and nationally recognized leader in the treatment of substance abuse, was responsible for creating a hostile work environment for female employees and even retaliating against one of them after she filed a complaint about his inappropriate behavior. Roman appealed his charges of sexual harassment in June but received a letter of rejection from University President Michael Adams on Oct. 26. \"It is clear that the policies and procedures of the University were followed in your case and that the sanctions imposed are appropriate and not unreasonably harsh based on the circumstances,\" Adams said in his letter to Roman. Roman, a Distinguished Research Professor of Sociology and recipient of the Regents Fellowship, the highest academic honor at the University, works as director of the Center for Research on Behavioral Health and Human Services Delivery. Roman is renowned for bringing in more than $33 million in grants to his research projects since hired in the 1980s. He received a $10,000 boost in salary after being named a distinguished professor. In the anonymous complaints, Roman was accused of treating female employees negatively, citing one instance in particular in which Roman introduced a newly hired female researcher as \"either a gift or stripper for his bachelor party rather than as the new Assistant Research Scientist,\" according to a memo filed in May. Following the complaints, then-Franklin Dean of Arts and Sciences Garnett Stokes laid out official guidelines for Roman's office workplace, last updated on Nov. 3. Under the revised guidelines, Roman is required to attend anger management and limit his emails to strictly professional matters. He is also restricted to two hours a week in his second office in the University's Barrow Hall. If other visits to the office are necessary, Roman will have to give fellow research scientists 24 hours notice. The guidelines also stipulated Roman is only allowed to meet with his fellow research scientists in groups, at pre-planned times, with printed agendas dictating the schedule and discussion. In July, Roman wrote in an email he felt the \"intensity\" of the guidelines imposed by Stokes and others left him in the position of \"subordinate under scrutiny.\" 2/22/25, 8:23 Prominent professor faces restrictions after found in violation of sexual harassment policy (w/documents) \| News \| redandblac\u2026 2/3 Roman also is not allowed to be involved in the performance evaluations of his senior research scientists, lest he use the measure as a form of retaliation. Roman denied accusations that he treated female employees different from male employees. If anything, Roman asserted, such a perception arose because the majority of his employees have historically been female. Though Roman allegedly then retaliated against a female employee who had filed a complaint, complete with a loud confrontation overheard by other employees, the professor again denied these charges as well do not agree with the assertion that sexually harass the staff of my shop,\u201d Roman wrote in May. Janyce Dawkins, associate director of the Equal Opportunity Office, said her office was unable to answer questions about a particular case. \"Well mean it depends on the facts of the case,\" Dawkins said. \"It's got to be. Because the facts are different in each case. The number of people that need to be interviewed, the locations of those people, the amount of information needed to be obtained differs in every case.\" 2/22/25, 8:23 Prominent professor faces restrictions after found in violation of sexual harassment policy (w/documents) \| News \| redandblac\u2026 3/3"}
8,497	Brendan Faherty	University of New Haven	[ "8497_101.pdf", "8497_102.pdf", "8497_103.pdf", "8497_104.pdf", "8497_105.pdf", "8497_106.pdf", "8497_107.pdf" ]	{"8497_101.pdf": "By By \| \| [email protected] [email protected] \| New \| New York Daily News York Daily News UPDATED: UPDATED: November 23, 2019 at 2:14 November 23, 2019 at 2:14 The women\u2019s soccer coach at Yale University has left his job at the school after The women\u2019s soccer coach at Yale University has left his job at the school after he was accused of sexual misconduct by former players from a Connecticut he was accused of sexual misconduct by former players from a Connecticut college where he once worked. college where he once worked. Brendan Faherty\u2019s exit from the university comes after allegations against Brendan Faherty\u2019s exit from the university comes after allegations against him were published this week in the school\u2019s student paper, the Yale Daily him were published this week in the school\u2019s student paper, the Yale Daily News. The report cited interviews with seven woman who played for Faherty News. The report cited interviews with seven woman who played for Faherty while he coached at the University of New Haven from 2003 to 2009. while he coached at the University of New Haven from 2003 to 2009. \u201cFive individuals close to the matter, including the alleged victim herself, said \u201cFive individuals close to the matter, including the alleged victim herself, said that Faherty demanded a former player sleep in his bed and groped her that Faherty demanded a former player sleep in his bed and groped her breasts in January 2009,\u201d according to the breasts in January 2009,\u201d according to the Yale Daily News Yale Daily News Women\u2019s soccer coach for Yale Women\u2019s soccer coach for Yale University leaves school amid University leaves school amid sexual misconduct allegations sexual misconduct allegations $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 -00:00 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 1/24 Another woman said she engaged in a consensual, physical relationship with Another woman said she engaged in a consensual, physical relationship with her coach while she played for the university and for years after. Others her coach while she played for the university and for years after. Others suggested that there was always a \u201cculture of impropriety\u201d when it came to suggested that there was always a \u201cculture of impropriety\u201d when it came to Faherty, who also allegedly drank with student athletes and met them out at Faherty, who also allegedly drank with student athletes and met them out at bars. bars. The has no ban on coach-player relationships, but the University of The has no ban on coach-player relationships, but the University of New Haven has long prohibited them. Steven Kaplan, president of the New Haven has long prohibited them. Steven Kaplan, president of the Connecticut school, said it has hired an independent firm to investigate the Connecticut school, said it has hired an independent firm to investigate the claims against Faherty. claims against Faherty. Officials at Yale did not provide a specific reason for Faherty\u2019s departure but Officials at Yale did not provide a specific reason for Faherty\u2019s departure but referenced the school paper in a statement on the matter. referenced the school paper in a statement on the matter $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 2/24 \u201cYale hired women\u2019s head soccer coach Brendan Faherty in December 2018, \u201cYale hired women\u2019s head soccer coach Brendan Faherty in December 2018, following the background check and careful review of previous employment following the background check and careful review of previous employment conducted in every such hiring,\u201d Vice president for Communications Nick conducted in every such hiring,\u201d Vice president for Communications Nick Nickerson told the student newspaper. Nickerson told the student newspaper. \u201cNone of the information shared by the Yale Daily News on Monday, which is \u201cNone of the information shared by the Yale Daily News on Monday, which is deeply troubling, was made known in the interview and vetting process.\u201d deeply troubling, was made known in the interview and vetting process.\u201d Faherty\u2019s lawyers, Theodore Heiser and Suisman Shapiro, in a statement to Faherty\u2019s lawyers, Theodore Heiser and Suisman Shapiro, in a statement to the Yale Daily News denied the allegations raised against the career coach. the Yale Daily News denied the allegations raised against the career coach. \u201cMr. Faherty is deeply disappointed in the allegations from more than ten \u201cMr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\u201d it reads. by Yale University in response to the report,\u201d it reads. \u201cHe denies having engaged in any non-consensual relationships. He further \u201cHe denies having engaged in any non-consensual relationships. He further denies having any inappropriate sexual interaction or contact of any kind. denies having any inappropriate sexual interaction or contact of any kind. Based upon the report, he is no longer employed at Yale.\u201d Based upon the report, he is no longer employed at Yale.\u201d The allegations mark the second recent scandal faced by the women\u2019s soccer The allegations mark the second recent scandal faced by the women\u2019s soccer team at Yale University. Faherty\u2019s predecessor, Rudolph Meredith, resigned in team at Yale University. Faherty\u2019s predecessor, Rudolph Meredith, resigned in December after becoming ensnared in the Justice Department\u2019s \u201cVarsity December after becoming ensnared in the Justice Department\u2019s \u201cVarsity Blues\u201d investigation into admissions bribery and fraud. Blues\u201d investigation into admissions bribery and fraud. Meredith pleaded guilty in March and awaits sentencing for taking hundreds Meredith pleaded guilty in March and awaits sentencing for taking hundreds of thousands of dollars in bribes in exchange for pretending applicants were of thousands of dollars in bribes in exchange for pretending applicants were athletic recruits in a bid to boost their chances of admission. athletic recruits in a bid to boost their chances of admission. With News Wire Services With News Wire Services Read More Read More 00:00 00:00 02:40 02:40 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 3/24 Originally Published: Originally Published: November 22, 2019 at 1:41 November 22, 2019 at 1:41 Around the Web Around the Web An Advanced Research Tool An Advanced Research Tool Ethereal Search Engine Ethereal Search Engine Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 4/24 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 5/24 Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 6/24 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 Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 7/24 How Long Should Keep My Car? How Long Should Keep My Car? 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 8/24 Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes Should You Buy an Electric Car? Should You Buy an Electric Car $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 9/24 Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 10/24 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 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 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 11/24 Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep How Long Should Keep My Car? How Long Should Keep My Car $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 12/24 Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice Ring Devices Help Make Peace of Ring Devices Help Make Peace of Mind More Accessible to All Mind More Accessible to All $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 13/24 Nine Kinds of Ancestors You Could Nine Kinds of Ancestors You Could Find on Your Family Tree Find on Your Family Tree Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 14/24 The New Normal of Selling a Home The New Normal of Selling a Home Today Today Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 15/24 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 Should You Buy an Electric Car? Should You Buy an Electric Car? Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 16/24 Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes Is My Space a Good Fit for Airbnb? Is My Space a Good Fit for Airbnb? 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 17/24 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 Did Your Mom Ever Make the Paper? Did Your Mom Ever Make the Paper? Search Newspapers.com Search Newspapers.com Get Dog Food Designed for Your Dog's Get Dog Food Designed for Your Dog's Health & Happiness Health & Happiness $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 18/24 The Close Relationship Between The Close Relationship Between Stress and Sleep Stress and Sleep How Long Should Keep My Car? How Long Should Keep My Car? Why Google Workspace for Business Why Google Workspace for Business is Worth the Upgrade is Worth the Upgrade $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 19/24 Walmart Center for Racial Equity Walmart Center for Racial Equity Update: Advancing Equity in Criminal Update: Advancing Equity in Criminal Justice Justice 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 20/24 Get Mortgage Advice Close to Home Get Mortgage Advice Close to Home Stop Paying Too Much for Your Stop Paying Too Much for Your Prescriptions - Compare Prices, Find Prescriptions - Compare Prices, Find Free Coupons, Free Coupons, The New Normal of Selling a Home The New Normal of Selling a Home Today Today $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 21/24 Take on a Challenge: Make Pasta Al Take on a Challenge: Make Pasta Al Limone at Home Limone at Home Four Easy Tips to Keep Your Kids Safe Four Easy Tips to Keep Your Kids Safe Online Online 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 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 22/24 2019 2019 \ue907 \ue907November November \ue907 \ue90722 22 Should You Buy an Electric Car? Should You Buy an Electric Car? Four Ways Food Banks Are Feeding Four Ways Food Banks Are Feeding Kids Right Now Kids Right Now Five Reasons Your Car Insurance Rate Five Reasons Your Car Insurance Rate Changes Changes $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 23/24 $1 1 $1 1 Hurry, this deal won't last! Hurry, this deal won't last SALE! SALE! Top Videos Hamas hands five Israeli hostages to Red Cross, a\u2026 2/22/25, 8:23 Women\u2019s soccer coach for Yale University leaves school amid sexual misconduct allegations \u2013 New York Daily News 24/24", "8497_102.pdf": "Donate \| Read the Print Edition Subscribe \| Join the 22, 2025 launches investigation into Faherty \| 10:59 21, 2019 \uf002 2/22/25, 8:24 launches investigation into Faherty - Yale Daily News 1/4 muscosportsphotos.com University of New Haven announced on Thursday that administrators hired an independent firm to investigate allegations of sexual impropriety against former women\u2019s soccer coach Brendan Faherty, who coached at from 2002 to 2009 and left his Yale post on Wednesday amid these revelations. Faherty arrived at Yale in December 2018 following the resignation of Rudy Meredith, who was later implicated in the Varsity Blues college admissions scandal. On Monday, the News informed Yale administrators of former players\u2019 allegations against the coach: an alleged groping, an alleged consensual relationship and an alleged habit of drinking with players. On Wednesday, Vice President for Communications Nate Nickerson told the News that Faherty is no longer a Yale employee. He did not speak to whether Faherty resigned or was fired but told the News that administrators had conversations with the former coach about the allegations officials did not respond to multiple requests for comment before the News broke the story late Wednesday night. On Thursday President Steven H. Kaplan alerted the school community of an independent investigation into the matter. \u201cBe assured that the University, and personally as a parent and educator, are committed to maintaining a working and learning environment in which everyone feels safe, respected, and valued,\u201d Kaplan stated. \u201cThere is absolutely zero tolerance for anyone who jeopardizes the safety or sense of self-worth of students, faculty, staff or any other member of the University family. Kaplan added that the school will endeavor to find the facts and share as much as possible within the legal constraints concerning confidentiality. 2/22/25, 8:24 launches investigation into Faherty - Yale Daily News 2/4 In a Thursday statement to the News, Faherty\u2019s lawyers, Theodore W. Heiser and Suisman Shapiro, said that Faherty denies the allegations. \u201cMr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\u201d the statement reads. \u201cHe denies having engaged in any non-consensual relationships. He further denies having any inappropriate sexual interaction or contact of any kind. Based upon the report, he is no longer employed at Yale.\u201d The allegations emerged from conversations with seven former players, all of whom chose to remain anonymous am pleased that the University of New Haven responded quickly to these allegations,\u201d said a former player of Faherty who was allegedly groped by the coach hope that this investigation enables others to speak their truths, voice their concerns and promote healing.\u201d Another former player echoed that statement, writing that she is glad that administrators are following up on the allegations and hopes that the investigation \u201cgives strength to others who may have their own stories to tell know these events took place years ago,\u201d she continued, \u201cbut the frustration, anger, pain, and shock are all still very real.\u201d Before arriving at Yale, Faherty coached at UNH, the University of Massachusetts Amherst, University of Washington and Stony Brook University. Mackenzie Hawkins \| [email protected] Mackenzie is the editor in chief and president of the Managing Board of 2022. She previously covered City Hall for the News, including the 2019 mayoral race and New Haven's early pandemic response. Originally from the San Francisco Bay Area, she is a junior in Trumbull College studying ethics, politics and economics. \uf099\uf0e0 2/22/25, 8:24 launches investigation into Faherty - Yale Daily News 3/4 CO., INC. 202 York Street, New Haven 06511 \| (203) 432-2400 Editorial: (203) 432-2418 \| [email protected] Business: (203) 432-2424 \| [email protected] 2025 2/22/25, 8:24 launches investigation into Faherty - Yale Daily News 4/4", "8497_103.pdf": "Yale University's head women's soccer coach has left amid accusations of sexual misconduct and an alleged consensual relationship with a student. Brendan Faherty is no longer employed at the university as of Wednesday following allegations laid out in the school's student newspaper, the Yale Daily News, according to a statement from the university. Former students who played with the coach while he was at the University of New Haven from 2003 to 2009 alleged in the Yale Daily News that he had inappropriate relationships with students. The students were over 18 at the time of the alleged incidents, the Yale Daily News said. By Doha Madani Nov. 21, 2019, 5:32 / Updated Nov. 21, 2019, 7:59 Yale women's soccer coach out amid sexual misconduct allegations Former students who played with the coach at the University of New Haven from 2003 to 2009 alleged that he had inappropriate relationships with students 2/22/25, 8:24 Yale women's soccer coach out amid sexual misconduct allegations 1/4 Brendan Faherty. Yale Athletics 2/22/25, 8:24 Yale women's soccer coach out amid sexual misconduct allegations 2/4 Faherty denies \"inappropriate sexual interaction or contact of any kind,\" his attorneys told News on Thursday in a statement. \"Mr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\" the statement read. \"He denies having engaged in any non-consensual relationships.\" The statement then cited \"current legal issues related to the matter\" that prevent Faherty from speaking further. The Yale Athletic Department said in a statement Fatherty was no longer the head coach \"effective immediately,\" although it is unclear if he resigned or was terminated. \"On November 18, 2019, the Yale Daily News shared deeply troubling information with the university, none of which was made known to the university in the interview and vetting process,\" Yale said in a statement Wednesday. \"As of November 20, 2019, Mr. Faherty is no longer employed by the university.\" When asked to comment on the allegations against Faherty, University of New Haven President Steven Kaplan said in a statement to News that the school has \u201chired an independent firm to investigate allegations of impropriety against a former employee who left the University in 2010.\u201d Faherty was brought on to lead the Yale women's team in December after the school's former head coach, Rudolph Meredith, resigned. Meredith pleaded guilty in March for his role in the massive college admissions scandal, in which coaches and other college officials allegedly faked athletic credentials for applicants. The Yale Daily News reported that Faherty did not respond to multiple requests for comment on the allegations of sexual misconduct. Assistant coaches Sarah Martinez and Sade Ayinde will lead the team until a replacement for Faherty can be found, according to Yale University's athletic department. Yale's athletics director, Victoria Chun, said in a statement Wednesday that Faherty's departure was the right step after learning of the allegations. \"We fully support the women\u2019s soccer team am meeting with them to offer resources during this difficult time and look forward to charting a new path forward together,\" Chun said. \"We know change is hard, but also know the strength and resiliency of our women\u2019s soccer team will shine through this difficult time.\" 2/22/25, 8:24 Yale women's soccer coach out amid sexual misconduct allegations 3/4 Doha Madani Doha Madani is a senior breaking news reporter for News. Pronouns: she/her. 2/22/25, 8:24 Yale women's soccer coach out amid sexual misconduct allegations 4/4", "8497_104.pdf": "Women's soccer coach out at Yale after report 5y How Livvy Dunne became one of the most recognizable names in sports 23h - D'Arcy Maine 2025 draft rankings: Which college star is No. 1 on our initial list? 1d - Kiley McDaniel Leagues back bill to disable drones at stadiums 2d - Tisha Thompson brass seek Congress' help on college sports 2d Gators hire Marquette's Theis as volleyball coach 5d Nebraska play-by-play voice Sharpe dies at 61 7d hands volleyball coach extension after title 8d Judge denies slugger Osuna's injunction request 8d Women's flag football endorsed as emerging sport 10d College softball rankings: The Top 25 teams after Week 2 4d College baseball preview: The storylines, teams and players to watch in 2025 Nov 21, 2019, 11:11 Share Like HAVEN, Conn. -- Yale's women's soccer coach has left the school amid allegations of sexual misconduct by former players at a college where he previously coached. Yale officials said Brendan Faherty's last day was Wednesday, nearly a year after he was hired to replace coach Rudy Meredith after Meredith's arrest in the nationwide college admissions bribery scandal. Associated Press Women's soccer coach Brendan Faherty out at Yale following report 2/22/25, 8:24 Women's soccer coach Brendan Faherty out at Yale following report 1/3 8d College baseball Week 1: Top 25 Yale did not disclose whether Faherty was fired or resigned. Faherty did not return messages seeking comment Thursday. The student newspaper, the Yale Daily News, reported that former players at the University of New Haven, where Faherty coached from 2002 to 2009, accused him of groping one player and having a consensual relationship with another. Faherty has not been criminally charged. The has no ban on coach-player relationships but does urge schools to prohibit them. The University of New Haven has long prohibited coach-student relationships, said Daniel Ruede, an associate director of athletics at the school. He declined further comment Thursday. University of New Haven President Steven Kaplan said Thursday that the school has hired an independent firm to investigate the allegations against Faherty. \"There is absolutely zero tolerance for anyone who jeopardizes the safety or sense of self- worth of students, faculty, staff, or any other member of the University family,'' Kaplan said in a statement. Yale officials did not disclose the exact reason for Faherty's departure, but they cited the allegations reported by the Yale Daily News in a statement. \"The Yale Daily News shared deeply troubling information with the university, none of which was made known to the university in the interview and vetting process,\" the statement said. \"As of November 20, 2019, Mr. Faherty is no longer employed by the university.\" The women's soccer team went 11-4-1 this season but wasn't selected for the tournament. Meredith was among more than 50 people charged in the college admissions scheme, which involved wealthy and famous parents accused of paying bribes to rig their children's test scores or to get them admitted to elite universities as recruited athletes. Meredith pleaded guilty in March and awaits sentencing for taking hundreds of thousands of dollars in bribes in exchange for pretending applicants were recruits to boost their Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/22/25, 8:24 Women's soccer coach Brendan Faherty out at Yale following report 2/3 chances of getting into the school. Terms of Use Privacy Policy Interest-Based Ads Enterprises, Inc. All rights reserved. 2/22/25, 8:24 Women's soccer coach Brendan Faherty out at Yale following report 3/3", "8497_105.pdf": "Hamas begins release of six Israeli hostages -- including 2 held for a decade Yale women\u2019s soccer coach fired Brendan Faherty after past groping accusations surface By Ryan Gaydos, Fox News Published Nov. 22, 2019 Updated Nov. 22, 2019, 12:03 p.m Jason Kelce says he lost all his money at Super Bowl 2025 \u2014\u2026 Chilling details emerge in death of football transfer Ben\u2026 Travis Nicol new a Sports Sports Betting Columnists Olympics 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 1/10 Yale women\u2019s soccer coach Brendan Faherty is no longer at the school after he was accused of sexual misconduct by former players at a college where he previously coached. Yale vice president for communications Nate Nickerson told the Yale Daily News that the accusations made in the newspaper were not revealed during the school\u2019s background check. \u201cThe Yale Daily News shared deeply troubling information with the university, none of which was made known to the university in the interview and vetting process,\u201d the school said in a statement. \u201cAs of November 20, 2019, Mr. Faherty is no longer employed by the university.\u201d Faherty coached at the University of New Haven from 2002 to 2009. According to the Yale Daily News, former players at New Haven accused him of groping one player and having a consensual relationship with another. Neither of the players was under the age of 18 at the time of the allegations. Several former players under Faherty told the Yale Daily News they drank with him while they were players and that he frequently met with some at the bar. Faherty was 24 at the time he coached at New Haven. 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 2/10 Daniel Rude, the University of New Haven associate director of athletics, told the Associated Press the school prohibits coach-student relationships. The has no official ban on coach-player relationships but encourages schools to prohibit them. University of New Haven President Steven Kaplan said the school hired an independent firm to investigate allegations against Faherty. \u201cThere is absolutely zero tolerance for anyone who jeopardizes the safety or sense of self-worth of students, faculty, staff, or any other member of the University family,\u201d Kaplan said in a statement. Faherty came from Stony Brook University to replace Rudy Meredith, who was caught in the nationwide college admissions scandal. He coached one season at Yale, leading the Bulldogs to an 11-4-1 record. Faherty\u2019s lawyers, Theodore W. Heiser and Suisman Shapiro, said in a statement to the Yale Daily News that their client denies the allegations. \u201cMr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\u201d the statement said. \u201cHe denies having engaged in any non-consensual relationships. He further denies having any inappropriate sexual interaction or contact of any kind. Based upon the report, he is no longer employed at Yale.\u201d The Associated Press contributed to this report 00:00 04:00 Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 3/10 , 11/22/19 Deshaun Watson fumble confusion is another officiating Neurofilament Light as a Biomarker in Mouse Models to Advance Research in\u2026 GenomeWeb Discover the Magic of Mexico with Our Vacation Deals Mexico Vacation \| Search Ads Mexico Vacation [Story] Blind husband regains his sight, but doesn't tell his wife and he realizes he's been\u2026 Novelodge Which car has priority? 80% answer incorrectly! Tips and Tricks Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 4/10 Melania Trump Makes Stunning Accusation Against Obama NYPost.com Details Emerge About Murdered Brian Thomson's Personal Life NYPost.com [Pics] World\u2019s First Surviving Septuplets \u2013 Look At Them 20 Years Later Journalistate [Pics] This Is Common in Dubai, And It Happens Every Day Novelodge Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 5/10 Ivanka Trump Flaunts Her Killer Figure In Swimsuit Snaps NickiSwift.com Rare Sightings Of Kamala Harris Not Wearing Pantsuit TheList.com Kimberly Guilfoyle's Cringeworthy Outfit Was So Inappropriate NickiSwift.com Red Flags Are Everywhere In Tiffany Trump's Marriage GLAM.com Kimberly Guilfoyle's Inappropriate Looks That Went Too Far GLAM.com We Can't Ignore These Rumors About Kimberly Guilfoyle Anymore TheList.com Powered by ZergNet Unlock full access to Post sports columnists and newsletters 4 Nations Face-Off makes lessons clear for Team \u2014 but can they achieve them? Don Mattingly agrees: 'Times change!' Yankees were long overdue to end farcical facial hair policy It was past time for Yankees' outdated, hair-brained policy to go Already a subscriber? Log in Ethan Sears Jon Heyman Joel Sherman Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 6/10 Up in the Blue Seats - Rangers Listen on Apple Podcasts \| Spotify The Show with Joel Sherman and Jon Heyman Listen on Apple Podcasts \| Spotify Blue Rush Giants Football Podcast Listen on Apple Podcasts \| Spotify Gang\u2019s All Here Jets Football Podcast Listen on Apple Podcasts \| Spotify Got Game: Basketball Listen on Apple Podcasts \| Spotify Pinstripe Post - Yankees Listen on Apple Podcasts \| Spotify Against the Cage - Combat Sports Listen on Apple Podcasts \| Spotify Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 7/10 Jenny Slate allegedly filed complaint while filming 'It Ends With Us' due to 'uncomfortable' interaction: report Before you go ... 2/22/25, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 8/10 Why Was Dan Aykroyd Missing From \u2018SNL50 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, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 9/10 \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, 8:24 Brendan Faherty, Yale women's soccer coach, fired over groping accusations 10/10", "8497_106.pdf": "Donate \| Read the Print Edition Subscribe \| Join the 22, 2025 Women\u2019s soccer coach leaves Yale amid allegations of misconduct \| 11:24 20, 2019 Muscosportsphotos.com Update, November 21: After publication of the story, Faherty\u2019s lawyers, Theodore W. Heiser and Suisman Shapiro, said the coach denies the allegations. \u201cMr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\u201d the lawyers said. \u201cHe denies having engaged in any non-consensual relationships. He further denies having any inappropriate sexual interaction or contact of any kind. Based upon the report, he is no longer employed at Yale \uf002 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 1/10 On Thursday President Steven H. Kaplan announced that the school hired an independent firm to investigate allegations against Faherty, who coached there from 2002 to 2009. Here\u2019s the original story: Women\u2019s soccer coach Brendan Faherty left Yale Athletics on Wednesday amid allegations of impropriety with his former players at the University of New Haven: one of sexual misconduct and another of a consensual sexual relationship career women\u2019s soccer coach, Faherty was Yale Athletic Director Vicky Chun\u2019s first hire. He came to Yale from Stony Brook University in December to replace Rudy Meredith, who resigned one month prior and later accepted a plea deal for his part in the Varsity Blues admissions scandal. In a public statement at the time of Faherty\u2019s appointment, Chun said that \u201cthe respect and love from [Faherty\u2019s] former student-athletes \u2026 made him the clear choice\u201d and that his 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 2/10 \u201ccore values align perfectly with those of [the] university and [athletics] department.\u201d But according to interviews with seven women who played for Faherty at between 2003 and 2009, the coach had a history of abusing his position. Five individuals close to the matter, including the alleged victim herself, said that Faherty demanded a former player sleep in his bed and groped her breasts in January 2009. Another former player recalled a consensual, intimate physical relationship she shared with her coach while she was a player and for several years thereafter. Neither of these players was under the age of 18 at the time of the alleged incidents. In addition to these allegations, several former players, speaking on condition of anonymity due to fear of retribution, community ties and privacy concerns, described a culture of impropriety on Faherty\u2019s team. Three former players told the News that they drank with the coach while they were players, and three others \u2014 who did not drink with Faherty themselves \u2014 confirmed that the coach frequently met with players at bars. Several of these players noted that Faherty was close in age to his players. He began coaching at the age of 24. The News first informed University officials of these allegations on Monday following an independent investigation. On Wednesday, Vice President for Communications Nate Nickerson told the News that Faherty is no longer a Yale employee. \u201cYale hired women\u2019s head soccer coach Brendan Faherty in December of 2018, following the background check and careful review of previous employment conducted in every such hiring,\u201d Nickerson wrote in a statement. \u201cNone of the information shared by the Yale Daily News on Monday, which is deeply troubling, was made known in the interview and vetting process.\u201d Nickerson explained that he cannot discuss specific personnel actions but confirmed that athletics leadership had conversations with 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 3/10 Faherty about the allegations after learning of them on Monday. According to the Yale Athletics website, assistant coaches Sarah Martinez and Sade Ayinde will lead the program until a new head coach is chosen. Faherty did not respond to multiple requests for comment about the allegations concerning his conduct at and his departure from Yale Vice President of Marketing and Communications Lyn Chamberlin also did not respond to requests for comment. In a statement to the News, Chun said the University will provide resources and support to women\u2019s soccer players, who are left without a coach following their season for two consecutive years. \u201cWe know change is hard, but also know the strength and resiliency of our women\u2019s soccer team will shine through this difficult time,\u201d Chun wrote. \u201cOur student athletes are at the center of our decisions, and we know this is the right path forward.\u201d The National College Athletics Association has not explicitly prohibited romantic relationships between coaches and players but considers \u201cany sexual contact between a coach and an athlete abusive\u201d given inherent power dynamics that render the concept of \u201cmutual consent\u201d problematic. As such, the organization in 2012 issued a report instructing member institutions to \u201cunambiguously and effectively prohibit such relationships to ensure that sport programs offer a safe and empowering experience for all student-athletes.\u201d This report \u2014 called Staying in Bounds \u2014 outlines a model policy for university regulation but does not require schools to adopt such prohibitions. For its part, Yale explicitly prohibits sexual or amorous relationships between coaches and student-athletes officials did not respond to requests for comment regarding their policy didn\u2019t feel comfortable contradicting him\u201d 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 4/10 The alleged groping occurred following a concert in New York City which the alleged victim \u2014 who will be referred to as Jane \u2014 Faherty, and two other players attended in January 2009, shortly after Jane\u2019s senior season ended, she told the News. Jane noted that she, Faherty and the pair of players went separately but met after the concert and visited several bars over the course of the evening. This, Jane said, marked the first time she and Faherty had spent time together outside of traditional team activities. The coach later offered to drive the three players home to New Haven, Jane told the News. She took him up on the offer, she said, because she thought it would be safer than taking the train back alone. The car ride, Jane continued, quickly became \u201cterrifying.\u201d Faherty, she told the News, swerved between lanes and was clearly too drunk to be driving. One of the other players confirmed Faherty\u2019s intoxication and told the News that he abruptly stopped in order to avoid a crash. Jane\u2019s dorm would have been his logical first stop, the alleged victim said, but Faherty passed her exit. When she questioned the decision, Jane added, he assured her that he would drop her off later. The News confirmed the alleged victim\u2019s account of the car ride with the other two players in the car and well as a third player, who heard about the drive shortly after it occurred. Both individuals in the car spoke with the News on the condition of anonymity \u2014 one citing fear of retribution and concern for her job and the other saying that she was uncomfortable with the premise of the News\u2019 investigation. Outside of visiting bars after the concert and driving home with Faherty, the latter player said she was unaware of the coach interacting with players outside of team activities photo from the night in question \u2014 the origin of which all three players confirmed \u2014 depicts the trio in the back of Faherty\u2019s car. After Faherty let the other two players out at their off-campus apartment, he told Jane that he did not want to make the drive back 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 5/10 to UNH, Jane said. When Jane asked to be let out with the other players, she said, Faherty rejected her request and insisted that she spend the night with him at his home. After arriving at Faherty\u2019s home, Jane asked to sleep on the couch, but the coach demanded that she join him in his bed, she told the News. She added that she was unable to call a taxi or walk home given that her phone was out of battery and the ground covered in snow. \u201c[He] was insistent in a way that didn\u2019t feel comfortable contradicting him,\u201d Jane later recalled. \u201cSo was laying in his bed \u2014 stiff as a board, on the very edge \u2014 trying not to initiate any kind of contact, and he starts groping me underneath my shirt [and] commenting about my breasts.\u201d Jane told the News that after Faherty fell asleep, she moved to the couch, charged her phone, called a taxi and went home. Immediately following the alleged incident, Jane confided in her then-roommate, who did not play for Faherty, as well as another former player. In interviews with the News, both individuals confirmed that Jane told them about the alleged incident at the time. Her then-roommate told the News that she does not remember Jane mentioning groping specifically, but does remember Jane saying she refused Faherty\u2019s advances. Jane said she recounted the incident to another former player a few months later and to her then-boyfriend a year after the fact. In interviews with the News, both confirmed that Jane told them the account as detailed above, but the former player did not remember Jane mentioning groping specifically. Jane did not file a formal complaint with the university in order to avoid continued interaction with Faherty and because she did not want to be remembered for the complaint given her other accomplishments at the school. Despite Faherty\u2019s attempts at 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 6/10 conversation in the months following the incident and leading up to her graduation, Jane resolved never to speak to him, she said. In 2013, four years after the alleged incident, Jane received a Facebook message from Faherty \u2014 which she provided to the News \u2014 inquiring about photos for a gift book he was compiling for another player. The message began with an apology. \u201cLong, long, time no talk and I\u2019ve been meaning to reach out for a long time to say I\u2019m sorry for the way things ended at New Haven for you in regards to soccer and with me,\u201d Faherty wrote. \u201cIf could go back and do things differently would, but all could do was move on and be a better person and coach in the future.\u201d It remains unclear to which specific incidents Faherty was referencing in this message, and the coach did not respond to multiple requests for comment regarding the matter. Still, Jane interpreted the message as an apology for the groping recounted above. She added that \u2014 after years of no contact \u2014 she received but did not return multiple phone calls from Faherty in the past month after she began speaking with the News. Faherty\u2019s intention behind these calls remains unclear and he did not respond to the News\u2019 inquiries regarding the matter had a secret life was unable to speak about\u201d The player who told the News that she was intimately involved with Faherty for a number of years \u2014 who will be referred to as Liz \u2014 said that the pair often exchanged flirtatious messages and had sexual encounters while she was still a player on his team and for several years after her graduation. The News corroborated her account in interviews with other players and individuals in whom she confided at the time, as well as with messages exchanged after she left UNH. Faherty, Liz said, told her to delete their written correspondence from the years during which she played for him. 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 7/10 During Liz\u2019s second season at UNH, she told the News, she entered a romantic relationship with Faherty that was marked by \u201cmutual feelings.\u201d Faherty, she said, would send her messages about soccer and then move the conversation to more personal matters, including telling her that he loved her. That relationship became sexual after the season ended, Liz continued, and persisted throughout and after her time at UNH. Liz emphasized that Faherty initiated the vast majority of their sexual interactions, most of which were outside of the official season but some of which occurred during regular soccer months. Faherty, she said, explained that the two could not be together while he was officially her coach, referring to the regular season. However, Liz added, Faherty would backtrack as the weeks wore on, initiating sexual encounters during that period. The coach, she said, often asked her to meet him secretly \u2014 their interactions, she said, were \u201con his terms\u201d due to fear that he could lose his job and ruin his reputation if word got out. While she did not object to Faherty\u2019s advances at the time, she told the News that she now feels \u201cexploited.\u201d Faherty would \u201c[get] what he wanted\u201d and then disappear for days or weeks, she recalled. \u201cIt was consensual in that it was not forced,\u201d Liz said in an interview with the News do, however, remember feeling kind of frozen, like couldn\u2019t believe it was actually happening \u2026 He had been a trusted adult in my life and he was older than me, so it seemed surreal that he would even have an interest in me in that way. \u201cIt devastated me became more isolated and depressed had a secret life was unable to speak about,\u201d she continued. \u201cAs a young woman barely into my twenties, this was horrible and pretty unhealthy.\u201d While Liz initially thought the two had affection for each other, she said she eventually felt used and doubted her self-worth \u2014 she often 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 8/10 left encounters with Faherty in tears, she told the News. By the time Liz graduated, she said, Faherty was only interested in sex and discounted the mutual feelings she thought the two shared at the beginning of their involvement \u2014 an involvement that became a taboo subject, caused rifts on the team and led her to feel isolated, she said. Liz noted that Faherty pursued her for several years after her graduation despite her attempts to distance herself. \u201cCan share a sexual image with you that i don\u2019t think ill [sic] ever get out of my head?\u201d Faherty messaged in Nov. 2009, after Liz graduated. Liz said that Faherty never sent an obscene picture \u2014 she interpreted the \u201csexual image\u201d to be a mental image of their encounters while she was a player. She told the News that Faherty often commented on her outfits and asked her what she was wearing. Also that November, Faherty messaged, \u201cjeans \u2026 show off your ass teammate, close family member and friend \u2014 all of whom chose to remain anonymous for fear of retribution and to avoid exposing Liz\u2019s identity \u2014 confirmed that, at the time, the former player confided in them about having sex with Faherty and that her involvement with the coach spanned several years. Faherty repeatedly reached out to Liz after the News launched its investigation. It remains unclear why he attempted to contact her, and Faherty did not respond to requests for comment on the matter. However, Faherty specifically referenced the investigation in one of his messages, which Liz provided to the News. After her alleged relationship with Faherty, Liz quit soccer altogether. He had \u201cruined\u201d the sport for her and her mental health suffered, she said. In recent years, Liz continued, she has had a recurring dream \u2014 that she returns to the sport that once meant everything to her get to go back for one more year and play with all my teammates again \u2014 but the thing is, he\u2019s not there, he\u2019s not the coach,\u201d she said. 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 9/10 \u201cIn my dream, it\u2019s the time of my life again. [My experience with Faherty has] been a huge stain on my life.\u201d Mackenzie Hawkins \| [email protected] Mackenzie is the editor in chief and president of the Managing Board of 2022. She previously covered City Hall for the News, including the 2019 mayoral race and New Haven's early pandemic response. Originally from the San Francisco Bay Area, she is a junior in Trumbull College studying ethics, politics and economics CO., INC. 202 York Street, New Haven 06511 \| (203) 432-2400 Editorial: (203) 432-2418 \| [email protected] Business: (203) 432-2424 \| [email protected] 2025 2/22/25, 8:24 Women\u2019s soccer coach leaves Yale amid allegations of misconduct - Yale Daily News 10/10", "8497_107.pdf": "2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 1/8 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job By Nicole Chavez and Amanda Watts 3 minute read \u00b7 Published 11:15 EST, Fri November 22, 2019 (CNN) \u2014 Yale University\u2019s women\u2019s head soccer coach has left the school after allegations of misconduct from a previous job were published in the school\u2019s student newspaper this week. Coach Brendan Faherty was no longer employed by the university as of Wednesday, a university spokeswoman said in an email to CNN. It\u2019s unclear whether he was fired or resigned. The school\u2019s student newspaper, The Yale Daily News, reported this week that Faherty allegedly groped the breasts of a former student athlete at the University of New Haven in January 2009 and demanded she sleep in his bed. Faherty was a coach at the University of New Haven between 2002 and 2009. Brendan Faherty was hired as head coach for Yale University's women's soccer team in 2018. From Yale 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 2/8 reported that five people close to the matter, \u201cincluding the alleged victim herself,\u201d told the newspaper about that incident and several women who played for Faherty said he had a history of abusing his position. Another former player said she had a \u201cconsensual, intimate physical relationship\u201d with the coach while she was a player and several years after. Attorneys representing Faherty have not responded to CNN\u2019s requests for comment but denied the allegations to the student newspaper. \u201cMr. Faherty is deeply disappointed in the allegations from more than ten years ago that have been made in the Yale Daily News and the actions taken by Yale University in response to the report,\u201d attorney Theodore Heiser wrote in a statement to the YDN. \u201cHe denies having engaged in any non-consensual relationships. He further denies having any inappropriate sexual interaction or contact of any kind.\u201d Neither of the players involved were under the age of 18 at the time of the alleged incidents, the newspaper reported, adding that Faherty began coaching at the age of 24. Other former players told the newspaper that Faherty used to drink with players at bars has not been able to independently confirm the allegations or determine whether the University of New Haven had policies regarding coaches\u2019 relationships with players in place between 2003 to 2009, when the incidents allegedly occurred. In a letter to students and staff, University of New Haven President Steven Kaplan said the school has hired an independent firm to investigate the allegations. \u201cBe assured that the University, and personally as a parent and educator, are committed to maintaining a working and learning environment in which everyone feels safe, respected, and valued,\u201d Kaplan wrote. \u201cThere is absolutely zero tolerance for anyone who jeopardizes the safety or sense of self-worth of students, faculty, staff or any other member of the University family.\u201d Faherty was hired as head coach for the Yale women\u2019s soccer team in December 2018, replacing former coach Rudy Meredith, who was arrested as part of the college admissions scandal. He pled guilty in March 2019 and agreed to cooperate with the government. Yale University said in a statement that Faherty was hired \u201cfollowing the background check and 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 3/8 careful review of previous employment conducted in every such hiring.\u201d Victoria Chun, Yale\u2019s athletics director, said in a statement that no information about the allegations was provided to the university during Faherty\u2019s interview and vetting process. \u201cWe know change is hard, but also know the strength and resiliency of our women\u2019s soccer team will shine through this difficult time. Our student athletes are at the center of our decisions, and we know this is the right path forward,\u201d Chun said. Up next LaLiga match between Espanyol and Athletic Bilbao halted due to alleged racist abuse 2 minute read Former Spanish soccer boss Luis Rubiales found guilty of kissing player Jenni Hermoso without consent 2 minute read \u2018Indiscriminate madness claims firings target low performers and new employees. The reality is far from it 7 minute read 7 more massage therapists accuse kicker Justin Tucker of inappropriate sexual behavior, bringing total to 16, report says 4 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 Trump administration fires top general and Navy chief in unprecedented purge of military leadership 2 Recording reveals new details on controversial employee 3 Trump wants to shake up the Postal Service. Here\u2019s what it\u2019ll mean for your 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 4/8 3 Trump wants to shake up the Postal Service. Here s what it ll mean for your deliveries. 4 From bashing Zelensky to lobbying senators, Vance settles in as Trump\u2019s No. 2 5 Supreme Court rules that government watchdog fired by Trump may temporarily remain on the job 6 Human remains returned by Hamas to Israel confirmed as those of former hostage Shiri Bibas 7 Pentagon announces it plans to fire 5-8% of civilian workforce 8 Even for an administrative hearing, Luigi Mangione draws crowds at New York City courthouse 9 Dow tumbles more than 700 points as inflation and tariff fears mount 10 Yankees stun baseball world with new facial hair policy LaLiga match between Espanyol and Athletic Bilbao halted due to alleged racist ... Former Spanish soccer boss Luis Rubiales found guilty of kissing player Jenni ... \u2018Indiscriminate madness claims firings target low performers and new employees Trump administration fires 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 5/8 Sign in World Politics Business Markets Health Entertainment Tech top general and Navy chief in unprecedented ... Recording reveals new details on controversial employee Trump wants to shake up the Postal Service. Here\u2019s what it\u2019ll mean for your ... Search CNN... Live Listen Watch 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 6/8 Style 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 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 7/8 2/22/25, 8:25 Yale women\u2019s soccer coach no longer employed after allegations of misconduct at previous job 8/8"}
8,744	Matthew Phillips	Michigan State University	[ "8744_101.pdf", "8744_102.pdf", "8744_103.pdf", "8744_104.pdf" ]	{"8744_101.pdf": "Faculty Member Resigns After Investigation Finds Sexual Misconduct Public Media \| By Karel Vega Published July 27, 2021 at 5:35 Courtesy / Travis Menge And Mike Balow Mike Balow (left) and Travis Menge (right) are the state Republican party nominees to serve on the Board of Trustees faculty member with Michigan State University\u2019s Communicative Sciences and Disorders (CSD) program has resigned following a sexual misconduct investigation. An investigation by MSU\u2019s Office of Institutional Equity found that Professor Matthew Phillips violated the school\u2019s Relationship Violence and Sexual Misconduct Policy against two graduates of the program, according to a notice sent Tuesday by College of Communication Arts and Sciences Dean Prabu David is a part of Communication Arts and Sciences sent Phillips a letter of intent to terminate his employment on July 8 following an investigation. Phillips submitted his resignation a week later, before the dismissal process was complete Weekend Edition Saturday 90.5 2/22/25, 8:25 Faculty Member Resigns After Investigation Finds Sexual Misconduct Public Media 1/4 \u201cThough we have taken many steps to prevent and address sexual harassment, this incident is a reminder that our work is far from complete,\u201d David said in the notice. \"As a college, we must continue to improve and build a culture that is safe and inclusive.\" Editor's note is part of MSU's College of Communication Arts and Sciences Tags News Michigan State University Relationship Violence and Sexual Misconduct Policy Karel Vega Karel Vega served as radio news managing editor at from 2020 to 2023. See stories by Karel Vega is supported by Weekend Edition Saturday 90.5 2/22/25, 8:25 Faculty Member Resigns After Investigation Finds Sexual Misconduct Public Media 2/4 With new leaders shaping policies in Michigan and Washington remains committed to providing trusted coverage of the changes that impact you. Your support keeps this vital news freely accessible to our community. Donate today to power the reliable journalism you value \u00a9 2025 Michigan State University Board of Trustees Contact Us Directions and Map Employment Privacy Policy Notice of Nondiscrimination Public File Applications Weekend Edition Saturday 90.5 2/22/25, 8:25 Faculty Member Resigns After Investigation Finds Sexual Misconduct Public Media 3/4 2/22/25, 8:25 Faculty Member Resigns After Investigation Finds Sexual Misconduct Public Media 4/4", "8744_103.pdf": "\uf002 \uf26c Watch Now Quick links professor resigned before the university could fire him for sexual harassment \uf09a\ue61b\uf0e0 \uf26c Watch Now Menu 2/22/25, 8:25 Professor quit before could fire him for harassment 1/7 By: Erica Murphy Posted 4:23 PM, Jul 30, 2021 and last updated 3:01 PM, Jul 31, 2021 LANSING, Mich Michigan State University communications professor left the school shortly before he was going to be fired for sexual harassment, according to an administrator's email. Matthew Phillips was the director of the master of arts program in communicative sciences and disorders. In an email sent to College of Communication Arts and Sciences community, Dean Prabu David said Phillips violated the Relationship Violence and Sexual Misconduct Policy when he sexually harassed two graduates of the program sent Phillips a letter on July 8 saying he was going to be fired, David said week later, Phillips resigned. David's email says the school took several precautionary measures during the investigation to protect students including reassigning advisors, assigning co professor resigns amid allegations of sexual harassment; University was set to terminate him Read More 00:02 02:00 \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 2/7 instructors to Phillips' classes and implementing new procedures for his office hours. Phillips did not respond to a message left Friday officials declined to be interviewed on the situation. Want to see more local news? Visit the FOX47News Website. Stay in touch with us anytime, anywhere. Sign up for newsletters emailed to your inbox. Select from these options: Breaking News, Severe Weather, School Closings, Daily Headlines, and Daily Forecasts. Follow us on Twitter Like us on Facebook Copyright 2021 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Sign up for the Breaking News Newsletter and receive up to date information. E-mail Submit \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 3/7 Billy Bob Thornton Bags Full Asking Price for His Los Angeles Home Paid Content: Mansion Global Online Jobs in from Pakistan (Salaries Will Surpris\u2026 Paid Content: Search Ads Discover Options For Degree In USA. See The Options Paid Content Degr\u2026 Virginia police find body of 12-year-old boy believed to have been 47 News Lansing - Jackson Trump to issue executive order banning COVID-19 vaccine mandates in 47 News Lansing - Jackson What we know about a Wyoming mom who shot 4 daughters before 47 News Lansing - Jackson \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 4/7 Watch Michigan State vs Michigan on FOX47 Bradley Cooper Selling Longtime Los Angeles Bungalow for $2.4 Million Paid Content: Mansion Global \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 5/7 \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 6/7 Neighborhood News Neighborhood Weather Planner Rebound Jobs at 47 Support Sitemap Do Not Sell My Info Privacy Policy Privacy Center Journalism Ethics Guidelines Terms of Use Careers Public File Public File Contact Application Accessibility Statement Scripps Media Trust Center Closed Captioning Contact \uf09a\uf16d\ue61b\uf167 Scripps Local Media \u00a9 2025 Scripps Media, Inc Give Light and the People Will Find Their Own Way \uf26c Watch Now 2/22/25, 8:25 Professor quit before could fire him for harassment 7/7", "8744_104.pdf": "Dean: Michigan State communications professor resigns after violating sexual misconduct policy Kara Berg Lansing State Journal Published 5:13 p.m July 29, 2021 Updated 2:12 p.m July 30, 2021 communications professor at Michigan State University has resigned following a finding that he violated the school's sexual misconduct policy. The professor, Matthew Phillips, sexually harassed two graduates of the communicative sciences and disorders program, according to an email Dean Prabu David sent Tuesday to the College of Communication Arts and Sciences. Phillips resigned July 15 after finding out the university intended to fire him, David wrote. University officials sent Phillips notice of their intent to fire him July 8. \"We take these findings seriously and have taken immediate action,\" David wrote. \"Our primary concern is the safety and well-being of the members of our community. ... Though we have taken many steps to prevent and address sexual harassment, this incident is a reminder that our work is far from complete.\" Phillips was the director of the Master of Arts program in communicative sciences and disorders, according to his online profile. Phillips has not responded to a phone message left for him seeking comment. During the investigation added new procedures for Phillips' office hours, reassigned his advising duties and added a co-instructor to all his classes. Dan Olsen spokesperson, said he could not comment on personnel issues if the records had not been released through the Freedom of Information Act. Phillips previously worked as the coordinator of positive behavior interventions and supports at Ingham Intermediate School District, according to his profile. 2/22/25, 8:25 Dean professor resigns after violating sexual misconduct policy 1/2 Contact reporter Kara Berg at 517-377-1113 or [email protected]. Follow her on Twitter @karaberg95. 2/22/25, 8:25 Dean professor resigns after violating sexual misconduct policy 2/2"}
8,252	William Kazez	University of Georgia	[ "8252_101.pdf", "8252_102.pdf", "8252_103.pdf", "8252_104.pdf", "8252_105.pdf" ]	{"8252_101.pdf": "Georgia professor barred from campus amid complaints \ue61b \uf39e \uf281 \uf0e0 By The Associated Press Posted May 4, 2019 05:11:29 PM. This article is more than 5 years old \u2014 The University of Georgia has barred a longtime math professor from campus as investigators review several sexual misconduct complaints against him. The Atlanta Journal-Constitution reports the university confirmed in a statement Friday that its Equal Opportunity Office is investigating the professor, William Kazez, who\u2019s been a faculty member at for about three decades. Decatur attorney Lisa Anderson says at least seven women \u2014 students and faculty \u2014 have come forward recently with complaints going back several years of unwanted touching, groping and sex acts by Kazez. Anderson represents two of the women who filed the complaints. The university statement says Kazez has been banned from campus and isn\u2019t teaching while the investigation is underway. An attorney representing Kazez told the newspaper Kazez denies \u201cacting unlawfully\u201d toward the students. ___ Information from: The Atlanta Journal-Constitution, The Associated Press 2/22/25, 8:26 Georgia professor barred from campus amid complaints 1/6 \uf06aSubmit a Correction Accessibility Feedback Top Stories Liberal party kicks Ruby Dhalla out of leadership race 11h ago Ontario votes 2025: Party leaders fan out on last weekend of election campaign 3h ago 2/22/25, 8:26 Georgia professor barred from campus amid complaints 2/6 Two passengers file lawsuits after Delta plane crash in Toronto 3h ago Excessive snow could delay start to golf season at municipal courses 16h ago Live Radio Connect with CityNews Trending Now 2/22/25, 8:26 Georgia professor barred from campus amid complaints 3/6 Excessive snow could delay start to golf season at municipal courses Ontario election 2025: Here's who is running in Kitchener, Waterloo Inexperienced officers receive the majority of public complaints: report 'Never seen snow before': Group of young newcomers get first taste of winter fun Two passengers file lawsuits after Delta plane crash in Toronto Most Watched Today Delta Air Lines responds to 'disinformation' regarding crew on Toronto plane crash Delta Air Lines and its subsidiary, Endeavor Air, have released a statement in response to \u201cfalse and misleading assertions\u201d about the flight crew on the plane that crash-landed at Toronto\u2019s Pearson airport on Monday. 22h ago 0:59 2/22/25, 8:26 Georgia professor barred from campus amid complaints 4/6 Canada lists 7 cartels as terrorists Sunwing cancels southbound flights from Toronto Pearson Airport Potential lawsuit being launched by plane crash survivors Video shows Delta flight crash and roll over upon arrival in Toronto More Videos Get the CityNews App 2:10 2:44 3:18 0:42 2/22/25, 8:26 Georgia professor barred from campus amid complaints 5/6 230 - 1B The Boardwalk Kitchener, Ontario. N2N 0B1 \u00a9 2006 - 2025 Rogers Media. All rights reserved. Listen live to NewsRadio Kitchener anytime and get breaking news, traffic, and weather alerts from CityNews Kitchener \u2013 available for both Android and iOS. About Us News Policy Contact Us Privacy Policy Ad Choices Political Ads Registry Accessibility Feedback Terms of Service 2/22/25, 8:26 Georgia professor barred from campus amid complaints 6/6", "8252_102.pdf": "16fe-11ea-bc88-770225b7aeb9.html math professor investigated for sexual misconduct resigns Savannah Sicurella \| Campus News Editor Dec 5, 2019 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 1/11 William Kazez is a mathematics professor who has been a faculty member at the University of Georgia for more than 20 years. He is currently under investigation by the Equal Opportunity Office for multiple allegations of sexual misconduct with students. Courtesy of William Kazez's faculty page University of Georgia math professor William Kazez has resigned from the university and is no longer permitted on campus grounds according to a Dec. 4 email, acquired by The Red & Black, sent to faculty and graduate students in the Department of Mathematics from Department Head William Graham. The Equal Opportunity Office barred Kazez from entering academic buildings and centers \u201cprincipally devoted to student life,\u201d including the Tate Student Center, Miller Learning Center, Ramsey Center, Boyd Graduate Studies Research Center and dining halls. The restrictions on his access to campus keeps with the finding of Non-Discrimination and Anti-Harassment violations, according to the email began an investigation into multiple allegations of sexual misconduct leveled against Kazez by former students in the spring of 2019. Kazez officially stopped teaching classes on April 4 and was banned from campus during the investigation. An Oct. 17 email sent by Graham and acquired by The Red & Black notes the investigation of Kazez concluded with findings of violations and \"a recommended sanction of termination.\" The email also stated Kazez tendered his resignation as of Oct. 17. The Red & Black spoke with three students who filed reports of sexual misconduct with the in the spring. One student alleged her interactions with Kazez involved oral sex, digital penetration and requests for intercourse. Kazez declined to comment on the allegations as of May 6. The email sent by Graham outlined the non-retaliatory clause of the university\u2019s policy, which states any party associated with the investigation may not be subjected to retaliation. As of May 6, all complaints filed against Kazez were restricted from access due to the open investigation. The Red & Black will provide updates as they occur. 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 2/11 math professor under investigation for alleged sexual misconduct against multiple students 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 3/11 political science professor resigned, under investigation by 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 4/11 professor suspended indefinitely amid stalking charges 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 5/11 did not investigate allegations against theatre professor due to falling outside jurisdiction 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 6/11 blotter: Woman blames gluten sensitivity for passing out, fight at football game 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 7/11 Visitor drew swastikas in Russell Hall says 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 8/11 Best of police blotters: From August to December of 2019 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 9/11 Clemson student drew swastikas in Russell Hall says 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 10/11 police blotter: Student receives scam call, woman shuts car door on her fingers 2/22/25, 8:26 math professor investigated for sexual misconduct resigns \| Campus News \| redandblack.com 11/11", "8252_103.pdf": "Advertise with us Report ad By The Associated Press \| Updated - May 4, 2019 at 4:20 p.m. \| Posted - May 4, 2019 at 3:12 p.m. Leer en espa\u00f1ol Estimated read time: 1-2 minutes 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 (AP) \u2014 The University of Georgia has barred a longtime math professor from campus as investigators review several sexual misconduct complaints against him. The university confirmed in a statement Friday that its Equal Opportunity Office is investigating the professor, William Kazez, who's been a faculty member at for about three decades, The Atlanta Journal-Constitution reported. At least seven women \u2014 students and faculty \u2014 have come forward recently with complaints of unwanted touching, groping and sex acts by Kazez, said Decatur attorney Lisa Anderson, who represents two of the women who filed the complaints. Learn More Skip the John Hancock Sold Verified Sellers Secured Payments Trusted Financing Georgia professor barred from campus amid complaints U.S. Home 0 \uea8c \ue700 \ue600 \ue954 \ue901 Save Story News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 1/7 Anderson said the accusations from the women go back at least to 2014. The university statement says Kazez has been banned from campus and isn't teaching while the investigation is underway. The university said it would not discuss the specifics of its probe, but stressed it will vigorously investigate and \"impose sanctions on faculty and employees found to have engaged in sexual misconduct.\" An attorney representing Kazez told the newspaper Kazez denies \"acting unlawfully\" toward the students. He also said Kazez had not had any prior Equal Opportunity Office complaints against him in his career. \"Dr. Kazez has empathy for the accusers, however, some of their assertions have changed over time, and others could not have happened as alleged,\" said his attorney, Janet E. Hill. \"At this point, no violations have been proven. The University of Georgia has a process to investigate allegations such as these which is designed to protect the rights of the accusers and the accused. Dr. Kazez looks forward to resolving this matter through the established legal processes rather than in the court of public opinion.\" ___ Information from: The Atlanta Journal-Constitution, Copyright \u00a9 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 2/7 Advertise with us Report ad U.S. The Associated Press 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 0 Pending Comments More stories you may be interested in 0 News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 3/7 sues 3 Trump administration officials, citing freedom of speech Luigi Mangione appears in New York state court for hearing in UnitedHealthcare killing 6 New York prison guards charged with murder in beating death of handcuffed man Advertise with us Report ad 1. Utah identified as man killed in Ririe Reservoir helicopter crash News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 4/7 2. Baby rushed to hospital after ingesting pill found at home, police say 3. Former Colorado sheriff's deputy convicted of homicide in shooting death of man in crisis 4. Utah, other states file joint status report affirming constitutionality of Section 504 5. Salt Lake man avoids prison in sentencing for I-15 shooting in 2009 6. Man, 48, hit by 2 semitrucks and killed while walking on I-84 near Idaho border 7. How Salt Lake City's tallest building aims to be an 'icon' 8. Republicans in the complicated crosshairs of and government layoffs 9. Search for toddler, mother continues in Salt Lake City amid overnight temperature concerns 10. Utah woman offered to bless items for money, but never returned property, police say News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 5/7 Advertise with us Report ad News Sports Beyond Series Brandview Radio Obituaries 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| 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 26 2/22/25, 8:26 Georgia professor barred from campus amid complaints \| KSL.com 7/7", "8252_104.pdf": "(AP) \u2014 The University of Georgia has barred a longtime math professor from campus as investigators review several sexual misconduct complaints against him. The university confirmed in a statement Friday that its Equal Opportunity Office is investigating the professor, William Kazez, who\u2019s been a faculty member at for about three decades, The Atlanta Journal- Constitution reported. At least seven women \u2014 students and faculty \u2014 have come forward recently with complaints of unwanted touching, groping and sex acts by Kazez, said Decatur attorney Lisa Anderson, who represents two of the women who filed the complaints. Anderson said the accusations from the women go back at least to 2014. The university statement says Kazez has been banned from campus and isn\u2019t teaching while the investigation is underway. The university said it would not discuss the specifics of its probe, but stressed it will vigorously investigate and \u201cimpose sanctions on faculty and employees found to have engaged in sexual misconduct.\u201d An attorney representing Kazez told the newspaper Kazez denies \u201cacting unlawfully\u201d toward the students. He also said Kazez had not had any prior Equal Opportunity Office complaints against him in his career. \u201cDr. Kazez has empathy for the accusers, however, some of their assertions have changed over time, and others could not have happened as alleged,\u201d said his attorney, Janet E. Hill. \u201cAt this point, no violations have been proven. The University of Georgia has a process to investigate allegations such as these which is Georgia professor barred from campus amid complaints Updated 5:19 CST, May 4, 2019 Maine governor Ind vs Pak Postal Service Luigi draws crowd Jerry Butler dies 2/22/25, 8:26 Georgia professor barred from campus amid complaints News 1/3 designed to protect the rights of the accusers and the accused. Dr. Kazez looks forward to resolving this matter through the established legal processes rather than in the court of public opinion.\u201d ___ Information from: The Atlanta Journal-Constitution, 2/22/25, 8:26 Georgia professor barred from campus amid complaints News 2/3 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 Trump fires Joint Chiefs of Staff chair Brown and 2 other military officers 1 2 3 4 5 2/22/25, 8:26 Georgia professor barred from campus amid complaints News 3/3", "8252_105.pdf": "students/article_42879f12-7033-11e9-be1e-2fc799347f47.html math professor under investigation for alleged sexual misconduct against multiple students Kaley Lefevre \| Managing Editor May 6, 2019 University of Georgia math professor William Kazez is being investigated by the university\u2019s Equal Opportunity Office for multiple claims of alleged sexual misconduct with students. Included in the graphic are various quotes from alleged victims collected through interviews with The Red & Black for this story. Sarah Carpenter/Staff Editor's Note 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 1/21 As indicated with an asterisk, some names in this story have been redacted and changed to pseudonyms to protect the identities of alleged victims of sexual misconduct. The Red & Black does not publish names of alleged victims. University of Georgia math professor William Kazez is being investigated by the university\u2019s Equal Opportunity Office for multiple claims of alleged sexual misconduct with students. The Red & Black spoke with three students who filed reports with this semester. We also spoke to a prior student from a different university who alleged a sexually inappropriate interaction with Kazez in 1988. Kazez, who was hired at more than 20 years ago, is on administrative leave and barred from campus as the investigation continues. He officially stopped teaching classes on April 4, according to written instruction given to the math department associate head. The Red & Black filed requests with for records of every complaint filed against Kazez since 2000, but all cases against Kazez are currently restricted from access by open records requests because those cases are still open and are being investigated. Lisa Anderson, an attorney at Atlanta Women for Equality, a nonprofit legal aid organization offering free representation, is representing four women in their cases against Kazez. In addition to those cases, Anderson said she is aware of complaints made by a total of five people against Kazez this semester, all related to his alleged sexual misconduct. Kazez declined to comment for this article and referred The Red & Black to his attorney, Janet Hill. Hill declined to answer questions about specific allegations, both during the beginning and final stages of The Red & Black\u2019s reporting process, but she said in an email that Kazez \u201cadamantly denies that he violated UGA's [Non-Discrimination and Anti-Harassment] policies or acted unlawfully towards the students in question.\u201d Initial contact with Sarah said she can still remember crying out of frustration in the middle of Kazez\u2019s math class several years ago. One day during her first semester in his class, she rode the elevator with him and broke down in tears because of her fear of failing. Comforting her, Kazez invited her to his office and told her he would be happy to help her, she said. 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 2/21 Sarah took him up on his offer and began to visit his office on the sixth floor of the Boyd Graduate Studies Research Center regularly. Sarah said Kazez waited outside of her classes and her office, always inviting her to come with him to work on her studies. But while she was in his office, Sarah said the conversations always strayed from math. She recalls Kazez setting the office up so the two of them sat right next to each other. He would ask her to write on a board that he kept close to him, or sometimes in his lap. She said Kazez would compliment her, touch her face, hair, arms and legs and ask to massage her. \u201cOne month [after crying in the elevator], he started to put his hands on my back,\u201d Sarah said. \u201cAt first [thought] it was that kind of weird, but it's not too bad. But later, he worked his way up to my breast.\u201d During the fall semester of 2017, Sarah\u2019s friend alerted that Kazez was demonstrating inappropriate behavior toward Sarah. Sarah told this friend that she felt uncomfortable when she went to Kazez\u2019s office alone, and the friend said Sarah gave \u201ca lot of clues she was a victim\u201d of sexual misconduct knew couldn\u2019t do anything to stop Kazez from touching her again, so decided had to report him if anything were to change,\u201d Sarah\u2019s friend said thought should be courageous when [Sarah] felt pressured to be silent.\u201d 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 3/21 Associate Director Kristopher Stevens emailed Sarah on Dec. 1, 2017, to follow up on her friend\u2019s complaint. He sent her a link to the Policy, the Title student sexual misconduct policy and contact information for campus and community resources relating to sexual violence prevention and counseling. That email did not include any information about the non-retaliation policy, which states that reporting parties are protected from any punishment as a result of reporting to EOO. William Kazez is a mathematics professor who has been a faculty member at the University of Georgia for more than 20 years. He is currently under investigation by the Equal Opportunity Office for multiple allegations of sexual misconduct with students. Courtesy of William Kazez's faculty page 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 4/21 When Stevens asked if Sarah wanted to discuss the matter, she said the report was \u201ca misunderstanding.\u201d In an interview with The Red & Black, Sarah said her friend made the complaint without her knowledge. Because Sarah didn\u2019t know about the non-retaliation policy, she worried she would get in trouble for reporting a faculty member for inappropriate behavior. Stevens asked to follow up with an in-person conversation, to which Sarah agreed and attempted to schedule a time to talk within the same 24 hours of Stevens\u2019 initial email. Neither Stevens nor anyone else from replied to Sarah again for another 12 days \u2013 Stevens said in an email to Sarah that he was \u201cunexpectedly out of office\u201d during that time. Sarah never met with about that complaint, and Stevens said he could not comment due to the ongoing investigation. Sarah said within those 12 days, her interactions with Kazez escalated from touching and massages in his office to oral sex, digital penetration and requests for intercourse. When Stevens did follow up on Dec. 12 to schedule a meeting, Sarah didn\u2019t reply. Sarah said she felt like it was \u201ctoo late\u201d to report and she blamed herself for what happened with Kazez. #MeToo at Less than a week after Stevens responded to Sarah President Jere Morehead received a letter from a mathematician expressing her concerns about Kazez based on his previous behavior at another university. In light of the ongoing #MeToo movement at the time, the woman said she felt inclined to tell Morehead about a situation she experienced in the \u201980s with Kazez while she was an undergraduate and he was a \u201cpostdoc\u201d and \u201cwas sitting in on a graduate course was enrolled in.\u201d She said while studying at his house one day, Kazez \u201cproposed he should give [her] a massage,\u201d she wrote in her Dec. 17, 2017 email repeatedly and unambiguously declined and tried to bring the subject back to math, he continued to badger me, and eventually, just to shut him up went along with lying on the couch and allowing him to massage my back. At which point he grabbed my crotch,\u201d she wrote. \u201cIt was a disgusting experience.\u201d She said in the letter that she was not seeking retribution from the offense, but was rather writing to express her concern about the women now working with Kazez at UGA. 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 5/21 \u201cGiven that he was a faculty member behaving this way towards a student am concerned about the well\u00ad\u2010 being of women who need to work with him today,\u201d she wrote think it would be appropriate to make inquiries about his recent and current conduct Director Janyce Dawkins replied two days later on Dec. 19, 2017, saying Kazez had been with the department for 20 years and found \u201cthat there have been no reports of inappropriate behavior.\u201d Neither Kazez, nor his lawyer, would comment on this allegation. Resources UGA's Relationship and Sexual Violence Prevention 24-hour hotline: 706-542 Survivor Support Group: [email protected] or 706-542-8690 UGA's Counseling and Psychiatric Services Crisis Hotline: 706-542-2200 (ask to speak to clinician) Office: 706-542-2273 The Cottage - Sexual assault center and children's advocacy center Crisis Hotline: 706-353-1912 (local) or 1-877-363-1912 (toll free) Office: 706-546-1133 Project Safe Hotline: 706-543-3331 Teen textline: 706-765-8019 Piedmont Athens Regional Medical Center 706-475-7000 Athens St. Mary's hospital 706-389-3000 Atlanta Women for Equality - Free legal advocacy for women facing gender discrimination 404-624-6822 Family Justice Clinic - legal representation for domestic violence survivors 706-542-5191 Athens-Clarke County Police Department 706-613-3345 or 706-613-3330 Police Department 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 6/21 706 542-2200 \u2018This idea of equality\u2019 In early March 2019, Sarah emailed Math Department Head William Graham, asking him to meet to discuss a professor in the department who had been exhibiting sexual misconduct toward her. \u201cLately have been terrified and do not feel safe at this department,\u201d she wrote in the March 4 email. Graham responded that day to tell Sarah her message had been forwarded to EOO. He said he was waiting for further direction from and was \u201cunable to meet\u201d with Sarah at that time. Graham said he was not available for an interview for this article. Sarah filed her report with shortly after her email conversation with Graham. The report outlined a \u201cprohibited consensual relationship\u201d with Kazez and alleged \u201csexual harassment\u201d from him, according to a March 6 email from to Sarah. Sarah also filed a police report on March 18 alleging sexual misconduct by Kazez and vocalized her fear of retaliation for reporting. From the time her friend reported in 2017 to the time she filed her own report this semester, Sarah said she felt ostracized from her friends and from other colleagues because of Kazez\u2019s position of power, so she felt unsafe reporting the situation. She alleged that during the time between her friends\u2019 report and her own, Kazez\u2019s sexual misconduct toward her became more frequent and more intense was like, if I'm not scared to die, I'm not scared to report,\u201d Sarah said about her decision to file her report this semester. \u201cThere are so many things [that] could go wrong, but this idea of equality is more important than my personal gain and loss.\u201d Stevens emailed Sarah on March 6 to inform her of her protection against retaliation and of the interim measures prohibiting contact between her and Kazez that were put in place while the investigation into her allegations was ongoing. After she filed her report, Sarah confided in several other faculty members about her experiences with Kazez and began asking other students in the department if they had ever been in a similar situation. Two more students came forward and filed reports within two months of Sarah\u2019s report, each with their own allegations about Kazez inappropriately touching them behind the closed door of his office. 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 7/21 Maria* filed her report in late March. She said her first interaction with Kazez was in the fall semester of 2015 and continued until the beginning of 2019. She said she never reported him throughout that time because of a fear of retaliation or backlash from other students or faculty members think he really knows what he\u2019s doing,\u201d Maria said in an interview with The Red & Black. \u201c[He was] building this environment where felt like he was the only person that could talk to.\u201d Maria said for the first year of her interactions with Kazez, she thought \u201cnothing suspicious happened,\u201d but looking back now, she said she thinks there was an ongoing \u201cgrooming process\u201d she was unaware of at the time. He had \u201cnormalized meeting with [her] alone,\u201d had started asking \u201cpersonal questions about family and mental health\u201d and \u201cstarted forming this really close relationship,\u201d she said. Their alleged interactions escalated to inappropriate touching and digital penetration in spring 2017, she said third student filed her report in April, alleging an instance of inappropriate touching by Kazez in his office. The student who filed in April was a witness for Maria and Sarah before filing her own report. She said in the other cases as well as in her own report, she noticed there was a \u201cpattern\u201d that originated from Kazez\u2019s position of a faculty member coupled with a graduate student looking for his mentorship. \u201cYou cannot willingly or happily give consent in that kind of situation,\u201d she said. \u201cOr rather, you can\u2019t tell, because of the power imbalance.\u201d Responses from the department On behalf of the math department, Graham sent a letter to all graduate students in the math department on April 16 to discuss student concerns regarding the investigation into Kazez\u2019s behavior. Graham informed everyone Kazez was barred from campus during the investigation and that he \u201cwould be subject to arrest if found on campus.\u201d If students had safety concerns, Graham instructed them to contact police for an \u201cempathetic response,\u201d the email read. Associate Head of the Mathematics Department Jason Cantarella said he was shocked to hear about the allegations against Kazez and began to coordinate with other faculty members to organize ways to help their students. 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 8/21 \u201cWe need to have a conversation about how graduate students and professors conduct themselves in these graduate programs,\u201d Cantarella said. \u201cIt's very important that the professors conduct themselves in an honorable way and are very respectful [...] and mindful of the position of immense authority that we have.\u201d Laura Rider, a faculty member who Sarah spoke to about Kazez, said she was disappointed with the lack of resources provided by the university and by for dealing with a situation like this. Rider said she expected \u201cguidance\u201d regarding how best to respond to students voicing their concerns about alleged inappropriate relationships with their professors knew as a faculty member that was getting emotionally triggered by this,\u201d Rider said felt distracted felt like couldn\u2019t focus on work felt emotional.\u201d Rider, who was hired by the university less than five years ago, said she thinks there is more to be done at the forefront with educating faculty members about how to respond in the most helpful way. \u201cHow are we supposed to do our job in helping our students feel like they\u2019re in a safe environment, feel like they\u2019re in an equitable environment, when whenever this takes place and we just pretend it doesn\u2019t exist?\u201d she said. UGA\u2019s Executive Director for Marketing and Communications Greg Trevor said training is available for all university employees\u201d and \u201cencourages all faculty and staff to participate\u201d in that training. \u201cThe University of Georgia has no tolerance for sexual misconduct, and the safety of our students is always our highest priority,\u201d Trevor said in a statement. \u201cThe university does not comment on the specifics of pending investigations.\u201d Moving forward, both Cantarella and Rider said they will be taking more precautionary steps to check in with their students to make sure they are not in compromising circumstances with other students or faculty members. Defining what is and is not appropriate behavior, Rider said, is information that needs to be shared with everyone in the department or university-wide. \u201cWhen we understand the students and what our female colleagues feel needs to be done, then we'll be in a position to make a plan,\u201d Cantarella said. \u201cBut right now, we're at the very beginning of that process.\u201d 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 9/21 Clarification: The Red & Black updated this article after publishing to reflect that Lisa Anderson is representing a total of four women, as of May 7, in their cases against Kazez. How one night changed a year student shares her story of reporting sexual misconduct 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 10/21 Graph: Over a year of reported on-campus rapes 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 11/21 Students say resources to prevent sexual assault may not be enough 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 12/21 continues \"It's On Us\" sexual assault awareness campaign Student raises awareness of rape on campus 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 13/21 In her words student discusses process of reporting rape 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 14/21 How to Report If you feel like you have been the victim of discriminatory actions or harassment of any kind from anyone on campus, here is what you need to know to report to the Equal Opportunity Office: Know your rights The Title and University System of Georgia Student Sexual Misconduct policy prohibit all forms of sexual misconduct by students against students. This ranges from stalking or unwanted communications to sexual harassment, domestic violence and exploitation. See the full policy here. The Non-Discrimination and Anti-Harassment Policy protects students from all forms of discrimination and harassment by anyone who is not a student on campus. Prohibited discrimination includes that on the basis of race, color, sex, sexual orientation, gender identity, ethnicity or national origin, religion, age, genetic information, disability or veteran status. See the full policy here. All reporting parties are protected from retaliation. Retaliation includes any adverse actions taken against an individual for reporting or otherwise being a part of an investigation. See the full policy here. Report On-campus rape spurs discussion about UGA's response 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 15/21 Call (706) 542-7912 or email [email protected] to speak with a representative from who can file your report. If you are a student and your allegations are against another student, you can complete the Sexual Misconduct Complaint form. If you are a student and your allegations are against anyone other than a student, you can complete the Complaint Form. Follow up Once you have filed your report, a representative from should contact you to follow-up. This may be for clarification about the allegations or to inform the reporter of the interim measures in place, the retaliation policy and next steps if an investigation ensues. How We Got the Story Because The Red & Black has reported on similar stories regarding sexual misconduct on campus in the past, we received a tip from attorney Lisa Anderson about the open cases against Kazez. The Red & Black attempted to retrieve case documents from but was unable to since the investigation is ongoing. The Red & Black interviewed the three students quoted in the story and received documentation from them regarding their reporting process. The Red & Black also spoke to faculty members and received documentation from them to back up alleged claims students mentioned in their interviews. Anderson also provided several documents to The Red & Black after getting permission from her clients to do so. The Red & Black reached out to Kazez for comment at the beginning and end of the reporting process. Kazez referred us to his attorney, Janet Hill. 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 16/21 State and Athens officials push for an end to private prisons in Georgia The President's Task Force seeks ways to evaluate and improve UGA's performance 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 17/21 must address sexual assault and the Red Zone 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 18/21 did not investigate allegations against theatre professor due to falling outside jurisdiction 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 19/21 professor suspended indefinitely amid stalking charges 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 20/21 math professor investigated for sexual misconduct resigns 2/22/25, 8:26 math professor under investigation for alleged sexual misconduct against multiple students \| News \| redandblack.com 21/21"}
7,431	F. Gilbert Chan	Miami University	[ "7431_101.pdf", "7431_102.pdf" ]	{"7431_101.pdf": "Case Law ( Chan v. Miami Univ. Decision Date 16 August 1995 Docket Number No. 93-2374,93-2374 Citation 652 N.E.2d 644,73 Ohio St.3d 52 Parties , 101 Ed. Law Rep. 1057, 10 Cases 1585 CHAN, Appellee, v UNIVERSITY, Appellant. Court Ohio Supreme Court Your World of Legal Intelligence (/) United States \| 1-800-335-6202 Document Cited authorities 20 Cited in 16 Precedent Map Related Page 52 73 Ohio St.3d 52 652 N.E.2d 644, 101 Ed. Law Rep. 1057, 10 Cases 1585 CHAN, Appellee, v UNIVERSITY, Appellant. No. 93-2374. Supreme Court of Ohio. Submitted Feb. 22, 1995. Decided Aug. 16, 1995. Miami University, appellant, granted tenure to appellee, Dr. F. Gilbert Chan, as professor of history in 1976. Chan's employment contract was evidenced by letters of appointment for each year in which he was employed by the university. The letters of appointment incorporated \"the rules, regulations, and procedures as published in the Miami University Information Manual [the 'manual'], and official actions of the Board of Trustees.\" In January 1990, a female graduate student filed a formal complaint of sexual harassment against Chan. The complaint was filed with the university's Office of Affirmative Action. Following an investigation by the university's Affirmative Action and Human Resources Office, a hearing was held pursuant to Section 3.71 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 of the manual. The hearing committee found that Chan had violated the university's policy prohibiting sexual harassment and recommended to the vice-president that Chan be suspended for two years without pay. The university's acting executive vice-president determined that Chan should be terminated from his position rather than suspended. That decision was appealed to the university president, who affirmed the vice-president's decision. Chan's employment with the university was terminated on August 10, 1990. Chan filed a complaint against the university in the Court of Claims, asserting breach of contract, and age and sex discrimination. At trial, the age and sex discrimination claims were dismissed, and the matter was heard by the trial court. The court found in favor of the university on the breach-of-contract claim and held that it lacked jurisdiction to consider whether Chan's due process rights were violated. Both Chan and the university filed timely appeals, which were subsequently consolidated. The Franklin County Court of Appeals reversed the trial court, holding that the university had breached its employment contract with Chan and had denied him due process by terminating his tenure, using the procedures for resolving a formal complaint of sexual harassment provided by the manual, and remanded the cause to the trial court. The matter is now before this court pursuant to the allowance of a motion to certify the record. J.C. Shew & Associates and J.C. Shew, Middletown, for appellee. Betty D. Montgomery, Atty. Gen., and Gregg H. Bachmann, Asst. Atty. Gen., for appellant. McTigue & Brooks and Paula L. Brooks, Columbus, urging reversal for amicus curiae, Ohio National Organization of Women. MOYER, Chief Justice. The issue presented by this appeal is whether the university breached its contract when it terminated Professor Chan's employment pursuant to the university rule prohibiting sexual harassment rather than the rule providing for termination of tenured faculty. We first address the university's procedure for determining sexual harassment claims. Section 3.211 of the manual, which was incorporated into the contract between the university and Chan, states the following with respect to the working and learning environment of the university: \"It is Miami University's position that employees and students should have a working and learning environment free from intimidation, hostility, or other offensive conditions. It is the policy of the University that sexual harassment shall not be condoned or permitted. It is also the University's policy that false accusations of sexual harassment shall not be condoned or permitted, such behavior also being considered a form of intimidation. Individuals found to be in violation of this policy shall be subject to appropriate disciplinary action, including written warning, suspension, or dismissal, within the guidelines of the grievance procedures of the appropriate authority. (Approved by the Board of Trustees October 15, 1981).\" Section 3.212 of the manual defines \"sexual harassment\" and suggests informal procedures to resolve complaints. 1 Section 3.212(E) provides that if informal resolution of the complaint is not achieved by the Office of Affirmative Action with the assistance of appropriate divisional affirmative representatives, then the university's formal procedures for affirmative action grievances provided in Sections 3.7 and 3.71 of the manual are available careful review of Section 3.71 is critical to our determination, as it was that section of the manual rather than the section that expressly provided for termination of tenured faculty (Section 3.555) that was used to terminate Chan's employment. Section 3.71 of the manual, in combination with Section 3.211, provides the grievance procedure available to any employee and student of the university who believes that his or her rights under the university's affirmative action policy have been violated. It begins with several precatory paragraphs 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 \"By means of the procedures described below, Miami University provides an opportunity for any employee to express a grievance and receive a fair hearing. \" * * * \"Most complaints can be resolved through discussion between staff member and immediate supervisor. Individuals are encouraged to engage in direct consultation with each other so that the problem can be solved through conciliation, if possible. Any retaliation against an employee for having made a complaint is grounds to file a second complaint based on retaliation.\" That language is followed by the formal procedures that are available if informal procedures are not successful. Under the formal grievance procedures, set forth in Section 3.71 of the manual, a complainant may file a written complaint with the university's Affirmative Action Officer, who provides the respondent with notice of the complaint, conducts a formal investigation of the complaint to make a finding of probable cause, and communicates that finding to the complainant and respondent. If the formal complaint is not resolved and a finding of probable cause is made, then a hearing is set and a hearing panel of three persons is established from a pool of twenty-five retired university employees. Section 3.71 does not provide either the complainant or the respondent with the right to be represented by an attorney at the hearing, but each has the right to have the assistance of an advisor or counselor from the university faculty or staff. The hearing committee presents its findings and recommendations to the vice-president to whom respondent reports or the president's designate, who makes a decision on the recommendation. Either party has a right to appeal the decision of the vice-president to the president, who has the final decision-making authority on the grievance. It is important to note that all of the aforementioned procedures are subject to very short deadlines; even the complainant is required to file the grievance within forty-two calendar days from the date of the alleged act of \"discrimination.\" It seems clear that in adopting Section 3.71, the university believed it was important to resolve quickly complaints against university personnel that arose out of alleged acts of discrimination or sexual harassment. We next review the sections of the manual that provide expressly for termination of a tenured appointment. Section 3.428 of the manual provides that \"[t]ermination of an appointment with tenure prior to retirement may be effected by the University for only two reasons: adequate cause or financial exigency.\" \"Adequate cause\" is defined in subsection (A) as follows: \"Adequate cause relates to performance of a faculty member in his or her professional activities as teacher or researcher.\" Section 3.553 of the manual, entitled \"Termination of Appointment or Tenure for Cause,\" and Section 3.555, entitled \"Procedures for Disciplinary Action,\" describe the circumstances which might occasion termination for cause and indicate the procedures to be used. Section 3.555 states, \"[t]he following procedures shall be adhered to in taking disciplinary actions against a member of the instructional staff.\" The procedures for disciplinary actions applicable to nonreappointment and termination of appointments are summarized as follows: \"When a question arises as to taking disciplinary action against a member of the instructional staff * * *,\" a private conference following a notice to staff member is conducted with the president, the provost, appropriate academic dean and department chair, and the staff member is entitled to be represented by legal counsel. After the conference the president may dismiss the charges or administer a reprimand. If the charges are not dismissed, then the president or the staff member may request the Committee on Faculty Rights and Responsibilities to consider the matter. Subsequently, the committee makes a recommendation to the president that the charges be dismissed, that the reprimand be sustained, or that formal charges be initiated against the staff member seeking his or her dismissal or removal from tenure. If the president adopts the recommendation of the committee to dismiss or remove 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 the tenured staff member from tenure, then the president files formal written charges against the staff member setting forth the grounds for dismissal or removal from tenure. In that instance, the rules provide for a hearing. Section 3.555(E) sets forth the hearing procedures, which include time limits for scheduling; a staff member's right to be represented by legal or other counsel; representation of the president at the hearing; and presentation of evidence at hearing by witnesses, including cross-examination and production of a transcript of the hearing at the university's expense. Pursuant to a time deadline, the committee reports its decision to the president and to the faculty member critical provision, Section 3.555(F), provides that 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 18 cases Search in 18 citing cases \uf014 Dye v. Thomas More Univ. ( United States U.S. District Court \u2014 Eastern District of Kentucky September 2, 2021 ... ... University in violation of its contract with ... [plaintiff].\u201d); Chan v. Miami Univ. , 652 ... N.E.2d 644, 650 (Ohio 1995) (\u201cBecause the university ... terminated [plaintiff's] contract without complying ... ... Eckel v. Bowling Green State Univ. ( United States Ohio Court of Appeals July 12, 2012 ...and construed as a whole, taking it by the four corners as it were, and giving effect to every part.\u2019 \u201d Chan v. Miami Univ., 73 Ohio St.3d 52, 57, 652 N.E.2d 644 (1995), quoting Brown v. Fowler, 65 Ohio St. 507, 523, 63 N.E. 76 (1902). The court's duty is to give effect to the words used in...... Dodson v. Wright State Univ. ( United States Ohio Court of Claims December 3, 1997 ...subject, and all the other parts are uncertain on that subject, the certain will prevail over the uncertain.\" Chan v. Miami Univ. (1995), 73 Ohio St.3d 52, 57, 652 N.E.2d 644, 648, citing Brown v. Fowler (1902), 65 Ohio St. 507, 523, 63 N.E. 76, The intent of the parties to a written contra...... You v. Ne. Ohio Med. Univ., 17AP-426 ( United States Ohio Court of Appeals December 6, 2018 ...sought to be enforced is that of continued employment, unless properly discharged. The Supreme Court of Ohio affirmed in Chan v. Miami Univ., 73 Ohio St.3d 52 (1995). {\u00b6 37} Because Chan was not raised in the Court of Claims, we need not consider it now. However, we do note that here, unlik...... 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 \uf042 \uf041"}
8,438	Kenneth Foltz	University of North Dakota	[ "8438_101.pdf" ]	{"8438_101.pdf": "13\u00b0 Fargo \uf0c9 News Watch Live Weather Exclusive: Records show ex professor let go for inappropriately touching colleague (KVLY) By Joshua Peguero Published: Sep. 15, 2019 at 8:44 \uf057 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 1/6 Documents obtained by Valley News Live reveal what led to the firing of a popular University of North Dakota professor. After getting a message by a whistleblower, we received university records showing allegations of work place sexual harassment. Kenneth Foltz's career at came to an end in May as aviation professor for inappropriately touching a female colleague, according to emails and his attorney. \u201cThis is the first time this had ever been alleged against him and it was unjustified. What happened was unintentional,\u201d Leo Wilking, Foltz\u2019s attorney, said. Foltz was formerly employed at UND\u2019s John D. Odegard School of Aerospace Sciences. Wilking said Foltz slapped the female colleague's backside not in a sexual manner but as a way to congratulate her for losing weight. Emails also revealed that Foltz was reprimanded by the school for contacting the colleague after she reported the allegation. Foltz said the touching was not serious enough to be fired. \u201cHe was an excellent professor, probably the most popular professor at the aviation school and he's thrown out,\u201d Wilking said. The Rape and Abuse Crisis Center in Fargo sees 3,000 people a year, who claim they're victims of sexual abuse or harassment. When it comes to deciding fault, intention doesn't matter, according to the center. \u201cIt's holding people accountable regardless of what intent,\u201d Christopher Johnson, Chief Executive Officer at the crisis center, said. \u201c[In] sexual harassment intent is irrelevant. What my intent was is not the point.\u201d Johnson said the ideal work place has clear policies and guidelines that include repercussions for bad behavior. \u201cIt\u2019s having very clear expectations of employees and saying this is the type of culture we're building,\u201d Johnson said. \u201cThese are the things that are acceptable and these are the things that are not acceptable, and then having a very clear process in which people can raise concerns.\u201d According to Johnson, leaders in the work place must create a culture where the lines aren't blurred and people's boundaries are respected. \uf057 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 2/6 In a statement, the University of North Dakota stated all university policies and procedures were followed in making their decision. They declined speaking on camera when asked. Most Read 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 Camper Van Deals \| Search ads \| Sponsored Now Is The Perfect Time To Get An Unsold Camper Van Learn More Villas in Dubai \| Search Ads \| Sponsored Villas For Sale in Dubai Might Surprise You Get Deals Creative Terrace Designs \| Sponsored Tips and Tricks \| Sponsored Amusement Park Equipment \| search ads \| Sponsored The Cost Of Amusement Park Equipment From Mexico Might Surprise You (See Prices) Learn More Jaw-Dropping Shots That Capture the Unimaginable Your fingers can tell you a lot about your personality. What kind of fingers do you have \uf144 Man accused in downtown Fargo standoff makes initial court appearance \uf144 Community of Thompson remembers teacher who unexpectedly passed away \uf057 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 3/6 Latest News \uf144 Father arrested after slapping and punching child \uf144 \u201cI\u2019ll never be whole again:\u201d Family remembers Thompson teacher who unexpectedly passed away \uf144 West Fargo hockey coach resigns amid internal investigation \uf144 Parents charged after 3 young children found in dirty hotel room \uf144 UPDATE: Dakota Magic Casino evacuated after bomb threat \uf144 Former West Fargo swim coach arrested for sexual contact with a minor Sports - Region Hky - 022125 \uf057 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 4/6 Sports - 022125 Sports - State Wrestling - 022125 \uf144 10pm Weather Forecast - Feb 21 \uf144 Minnesota cannabis market close to starting hosts listening session on Gov. Walz budget cut proposals \uf144 Valley News Live at 10:00PM - Feb 21 - Part 1 \uf144 \u201cTiny Things\u201d opens at Brewhalla \uf057 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 5/6 \uf144 \uf057 Privacy Policy Terms of Service Statement Public Inspection File [email protected] - (701) 237-5211 Applications Closed Captioning/Audio Description 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 Home News Weather Sports Submit Photos and Video Livestream 1350 21st Avenue South Fargo 58103 (701) 237-5211 2/22/25, 8:27 Exclusive: Records show ex professor let go for inappropriately touching colleague 6/6"}

Subsets and Splits

No community queries yet

The top public SQL queries from the community will appear here once available.