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string | institution_name
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7,570 | George Field | Southwestern Michigan College | [
"7570_101.pdf",
"7570_102.pdf",
"7570_103.pdf",
"7570_104.pdf",
"7570_105.pdf",
"7570_106.pdf",
"7570_107.pdf",
"7570_108.pdf"
] | {"7570_101.pdf": "George Field // Photo provided The victim in a case of criminal sexual conduct will have to wait two more weeks to face her former professor. 57-year-old George Field is accused of forcing a student to have sex with him. He is charged with Criminal Sexual Misconduct. Wednesday\u2019s hearing was delayed. The prosecution was prepared to call witnesses, including the victim, for the scheduled preliminary exam. But Field did not have an attorney and the court decided he needed more time. Court scheduled for former professor charged with criminal sexual conduct by Cassidy Williams 22 Reporter Wed, October 11th 2017 at 11:54 Updated Wed, October 11th 2017 at 6:07 2/13/25, 9:54 Court scheduled for former professor charged with criminal sexual conduct 1/2 Loading ... It was in a psychology course at Southwestern Michigan College that Field and the alleged victim met. According to court documents, she asked him where she could get help and he pointed her to his practice at the Family Center. The records alleged what started as counseling turned into a romantic relationship. Police reports say the victim was afraid to say no. \"It has been a very traumatic thing for her and at some point it became too much to bear. She did indicate to employees that she didn't want to see this happen to anyone else and that's why she finally came forward,\u201d said President of Southwestern Michigan College, David Matthews. Field now faces four counts of criminal sexual conduct and one count of practicing psychology without a license. \"We want to make sure this is done according to what our constitution requires, and we're ready to go on our next date,\u201d said County Prosecutor, Victor Fitz The court has now appointed Field a public defender and he still has the option of hiring his own attorney. For now, the victim and the courts will have to wait, but the work keeps on going. The prosecutor says there is still the potential for other victims in this case. He encourages anyone with information to contact the Cass County Sheriff's department. Field will be back in court in two weeks 2/13/25, 9:54 Court scheduled for former professor charged with criminal sexual conduct 2/2", "7570_102.pdf": "Appeals court blasts Ala. university in harassment ruling Josh Moon The Mongtomery (Ala.) Advertiser Published 11:54 a.m Sept. 4, 2013 Updated 11:56 a.m Sept. 4, 2013 Key Points 3 women accused university of creating a hostile work environment 2 administrators made numerous inappropriate racial comments%2C sexual comments and touching University refused to answer whether the officials had ever been disciplined in the case MONTGOMERY, Ala. \u2014 Alabama State University lost its appeal of a sexual harassment ruling in which three former employees were awarded more than $1 million. The 11th U.S. Circuit Court of Appeals on Tuesday issued a 23-page ruling upholding a Montgomery district court's ruling granting Jacqueline Weatherly, Cynthia Williams and Lydia Burkhalter back pay and lost wages. The three-judge panel of the 11th Circuit also slammed the university for creating and condoning a hostile work environment. \"The facts of this case should greatly concern every taxpaying citizen of the state of Alabama, especially because it involves a public university largely funded by tax dollars paid by the people of Alabama,\" according to the court's ruling. \"We are left to wonder who is in charge at ASU,\" the federal judges wrote. \"Regardless, however, we are unnerved by the apparent acquiescence to, if not outright condoning of, the abusive work environment created by its high-level employees.\" Late Tuesday interim President William Harris issued a statement saying university officials maintain their innocence in this matter but will not be pursuing additional appeals Alabama Add Topic 2/13/25, 9:55 Appeals court blasts Ala. university in harassment ruling 1/3 or hearings could petition the court for a rehearing or appeal to the U.S. Supreme Court. \"While (ASU) has great respect for this court, we vehemently disagree with today's court ruling,\" Harris said. \"We believe we raised legitimate concerns about the trial court's initial finding of fault. We continue to deny the discrimination as alleged by the plaintiffs in this case. However, the court has spoken.\" The court was highly critical of the university's lawyers for failing to meet appeals deadlines and offering arguments that the court had no standing to rule on. The case began when Weatherly, Williams and Burkhalter filed lawsuits claiming that two administrators \u2014 Chief Executive John Knight and Associate Executive Director LaVonette Bartley \u2014 made numerous inappropriate comments and created a hostile work environment. Knight is also a longtime Democratic state representative. Among many examples the court cited in its opinion, Weatherly said Bartley, who is black, routinely used the N-word and that a report to ASU's human resources about her often abusive and inappropriate behavior never resulted in action. Burkhalter said Bartley used the racial epithet in referring to her 7-year-old son, causing the boy to hide under a desk, and that Knight made repeated sexual advances, asking her once to think of the \"wildest thing\" she could do for her birthday and on one occasion asked her to dance for him. Burkhalter also claimed that Bartley inappropriately touched her on numerous occasions. Williams said Bartley also called her the same epithet said Knight threatened employees in the office to prevent them from participating in an Equal Employment Opportunity Commission investigation into complaints against Bartley. The Montgomery Advertiser asked the university if either Knight or Bartley had been disciplined for their roles in this case. The university declined to answer district court jury ruled in May 2012, granting Williams $392,648.23, Burkhalter $376,509.65 and Weatherly $309,453.06. Those figures have been earning interest since being awarded. Additionally, Alabama State will be forced to pay the plaintiffs' legal fees and court costs such as filing fees, but an exact amount has yet to be determined. The original trial lawyers have 2/13/25, 9:55 Appeals court blasts Ala. university in harassment ruling 2/3 asked the court to award more than $1.2 million in fees. \"We're very hopeful that we can get my clients paid and these ladies can go on about their lives,\" said lawyer Mark Montiel, who represented Williams and Weatherly during the appeals portion of the case. \"They've been through quite a bit already.\" Key facts in the case \u2022 Three plaintiffs accused Alabama State University officials of creating a hostile work environment in which racial slurs and inappropriate comments were the norm district court jury awarded the plaintiffs more than $1 million in May 2012 for back pay and lost wages. \u2022 The 11th U.S. Circuit Court of Appeals said in its opinion that taxpayers should be troubled by the case. \u2022 When lawyers' fees, court costs and interest are added, the total could cost the university more than $3 million. 2/13/25, 9:55 Appeals court blasts Ala. university in harassment ruling 3/3", "7570_103.pdf": "Case against former professor to move forward South Bend Tribune Report South Bend Tribune Published 6:08 p.m April 25, 2018 \u2014 The case against former Southwestern Michigan College instructor George Field, who is facing a charge of criminal sexual conduct and other charges, will proceed after a preliminary hearing Wednesday afternoon. Field, 57, of Dowagiac, faces 17 felony charges, including first-degree criminal sexual conduct during the commission of a felony, second-degree criminal sexual conduct, third-degree criminal sexual conduct, fourth-degree criminal sexual conduct, perjury, insurance fraud and unauthorized practice of a health profession. Cass District Judge Stacey Rentfrow found probable cause to bind Field over for trial on all 17 charges at the conclusion of the hearing. Field remains in jail and will be arraigned May 7 in Cass Circuit Court trial date will be determined later. The alleged incidents occurred between 2014 and March 22, 2018. The latter date is when he is accused of perjuring himself during court testimony. At that time, he denied having sexual relations with one of his students, although he had admitted to police last year that he had. On Wednesday, Field's alleged victim testified about her interactions with the instructor. Also testifying were two detectives, a representative of Blue Cross Blue Shield and another of Field\u2019s clients who went to him for marriage counseling. The insurance representative and the two detectives testified that Field is not licensed as a counselor or psychologist. 2/21/25, 6:47 Case against former professor to move forward 1/1", "7570_104.pdf": "Former instructor scheduled for April trial Published 8:56 am Monday, January 13, 2020 By Debra Haight ( new trial date has been set for former Southwestern Michigan College instructor George Field. Field had been set to go to trial last week on Jan. 7 in Cass County Circuit Court on charges for criminal sexual conduct, perjury and insurance fraud. (https: Field, 59, of Dowagiac, is charged with 17 felony counts including first-degree criminal sexual conduct, practicing psychology/counseling without a license, perjury and insurance fraud. The incidents occurred between September 2015 and early 2018, when he allegedly perjured himself during a court hearing. The Cass County Prosecutor\u2019s Office reported that Field is now set to go to trial April 28 pretrial conference is set for April 17 in Allegan, as Allegan Circuit Judge Roberts Kengis is presiding over the case. Cass Circuit Judge Mark Herman recused himself in 2018 after it was discovered that he had served on the board of directors of the counseling center where Field worked in addition to teaching at SMC. Field\u2019s trial has been delayed a number of times over the last two years, including in 2018 after Judge Herman recused himself and another judge had to be found. The most recent delay came when defense attorney James Miller asked for additional time to prepare. The trial had been delayed last summer due to health problems Miller had. Field was arrested in fall 2017. The investigation of Field began earlier that summer after a former student told college officials about Field\u2019s alleged actions against her. They began investigating and recommended she contact the sheriff\u2019s department completed their investigation in late September 2017 when they fired Field. The alleged victim testified in April 2018 that Field was her professor at starting in September 2015, and she started going to him for counseling in the same month. The counseling took place at the Family Center in Dowagiac and the sexual relations at Field\u2019s home next door to the center. Field is free on $50,000 cash or surety bond after being held on a higher bond for several months after his arrest in September 2017. He ended up being released on bond in July 2018. Subscribe to Leader Publications' free newsletter email address Subscribe SportsPlus How to Watch the Clippers vs. Pacers Game: Streaming Channel Info for February 6 ( streaming-tv-channel-info-for-february-6/) The Indiana Pacers (28-21) battle the Los Angeles Clippers (28-22) at Intuit Dome on February 6, 2025. Watch\u2026 Best Bets for Basketball Picks Against the Spread for Thursday, February 6 ( spread-for-thursday-february-6/) The college basketball lineup on Thursday should provide some fireworks. Our computer model has recommended picks against the\u2026 How to Watch Women\u2019s College Basketball Games \u2013 Thursday, February 6 ( games-thursday-february-6 squads are on Thursday\u2019s college basketball schedule for seven games, including the Stanford Cardinal taking on the\u2026 How to Watch Top 25 College Basketball Games \u2013 Thursday, February 6 ( thursday-february-6/) One game on the Thursday college basketball schedule features a ranked team, the matchup between the Maryland Terrapins\u2026 Top 25 College Hoops Picks Against the Spread \u2013 Thursday, February 6 ( thursday-february-6/) Thursday\u2019s college basketball schedule includes one game with a ranked team in play. That matchup? The Maryland Terrapins\u2026 How to Watch (/category/how-to-watch/) Injury Report (/category/injury-report/) Player Props (/category/player-props/) Tickets (/category/tickets/)", "7570_105.pdf": "College professor to stand trial for criminal sexual conduct Updated: Oct. 24, 2017, 8:40 p.m. | Published: Oct. 24, 2017, 7:40 p.m. Subscribe George Field By Emily Monacelli | emonacel@mlive.com college professor and counselor will stand trial for rape in Cass County. George Field, 57, waived a preliminary examination scheduled for Wednesday, Oct. 25, and was bound over to Cass County Circuit Court on several criminal sexual conduct charges. Field was arraigned Sept. 27 on five charges: first-degree criminal sexual conduct, a felony punishable by life in prison or any term of years; second-degree criminal sexual conduct, a felony punishable by up to 15 years; practicing psychology or counseling without a license, a felony punishable by up to four years; and two counts of fourth-degree criminal sexual conduct, a high-court misdemeanor punishable by up to two years in prison. Police allege Field committed the crimes from September 2015 through June 2016 at The Family Center, 56332 M-51 in Dowagiac, and at Field's residence adjacent to the business. Field has a degree in psychology and practiced at The Family Center in Dowagiac. He also was a professor at Southwestern Michigan College at the time of the charged crimes Driver hurt in Cass County crash after hitting a tree Feb. 10, 2025, 7:50 a.m. New top teams in divisions 1, 2 headline Week 6 boys hoops rankings Feb. 11, 2025, 1:11 p.m. Southwestern Michigan College in Dowagiac became aware of the alleged crimes and encouraged the victim to contact law enforcement, according to Cass County Prosecutor Victor Fitz. Field remains in the Cass County Jail on a $200,000 cash or surety bond. His case now is pending in Cass County Circuit Court. His pretrial and trial dates have not yet been set. Anyone with information, possible evidence or other possible victims should contact the Cass County Sheriff's Office at (269) 445-2481. 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", "7570_106.pdf": "exposure/article_4bd8df59-f8ee-5633-a54e-e2ba542953a8.html Cass County Circuit Court Former instructor gets probation for aggravated indecent exposure Following plea, George Field won't have to register as sex offender By Sep 14, 2021 Field \u2014 The criminal case against former Southwestern Michigan College instructor George Field has come to an end nearly four years after he was first arrested. Field, 60, of Dowagiac \u2013 who pleaded no contest in July to seven counts, including perjury and attempted aggravated indecent exposure \u2013 was sentenced Friday in Cass County Circuit Court to probation and credit for time served. Privacy - Terms 2/13/25, 9:56 Former instructor gets probation for aggravated indecent exposure | News | heraldpalladium.com 1/2 2/13/25, 9:56 Former instructor gets probation for aggravated indecent exposure | News | heraldpalladium.com 2/2", "7570_107.pdf": "Trial delayed for former instructor Staff reports South Bend Tribune Published 5:00 p.m June 12, 2018 \u2013 Former Southwestern Michigan College instructor George Field will have to wait to go on trial on criminal sexual conduct and other felony charges. Field, 57, had been scheduled to go to trial June 19 on 17 felony charges. Cass Circuit Judge Mark Herman granted a prosecution motion Monday to adjourn the trial because three witnesses were unavailable to testify and the need to find an insurance fraud expert witness. Herman granted a defense request to reduce Field\u2019s bond from $200,000 cash or surety to $50,000 cash or surety to give him a better chance of being released on bond. Field has been in jail since last September. Field is accused of having an inappropriate sexual relationship with an student he was counseling at the Family Center in Dowagiac. The incidents occurred between September 2015 and earlier this year when he allegedly perjured himself during a court hearing. He was terminated by shortly before his arrest last fall. 2/21/25, 6:48 Trial delayed for former instructor 1/1"} |
8,482 | Antonello Bonci | National Institute on Drug Abuse | [
"8482_101.pdf",
"8482_102.pdf",
"8482_103.pdf"
] | {"8482_101.pdf": "\ue908 \ue908 \ue908 Science chief at drug abuse institute resigned after sexual misconduct probe sources unhappy with leaders\u2019 silence on reasons for Antonello Bonci\u2019s departure 5 2019 Until August Antonello Bonci directed the intramural research program of the National Institute on Drug Abuse, housed in this Baltimore, Maryland, building In August, Antonello Bonci, scientific director of the National Institute on Drug Abuse (NIDA), resigned, and the agency's director told employees in an email that Bonci would be running an addiction institute in Florida. Science has learned that Bonci's departure followed an investigation spurred by an internal complaint, which alleged that he sexually targeted a trainee and later directed resources to another trainee with whom he was in an intimate relationship. Sources at the National Institutes of Health (NIH), which is part of, said they were disturbed by NIDA's lack of transparency. Because there was no public accounting of the reasons for Bonci's departure, they said, rumors have swirled, depressing morale at the $1.4 billion institute. NIH, speaking for and its director, Nora Volkow, declined to comment on Bonci's resignation cannot comment on personnel matters as they are confidential,\" a spokesperson emailed. Attempts to reach Bonci by phone, text, and email were unsuccessful The latest news, commentary, and research, free to your inbox daily \ue908 2/13/25, 9:57 Science chief at drug abuse institute resigned after sexual misconduct probe | Science 1/5 Bonci had been NIDA's scientific director since 2010. On 9 November 2018, Volkow sent an email to employees of the institute's intramural research program. It said: \"Dr. Anto Bonci has a very special opportunity to undertake a sabbatical experience to enhance his executive leadership skills\" for up to 1 year. The sabbatical removed Bonci from the reporting line of the trainee with whom he was in an intimate relationship, according to sources policy \"strongly discourages\" intimate relationships in which one person has real or perceived professional authority over the other, and requires the prompt disclosure of such ties. The agency may then remove one person from the reporting line as a remedy.) In March, a senior scientist at filed a complaint, which alleged that while on sabbatical, Bonci assigned projects and resources to the trainee. It also alleged that he had previously sexually targeted a different trainee, who had been strongly advised against reporting the behavior when she first sought to do so, in the best interest of her career sources say that advice came from a senior person in NIDA's intramural research program.) After receiving the complaint hired an external contractor to investigate. On 21 August, after the investigation was complete, Volkow sent an email to employees stating that Bonci had \"resigned his position as scientific director. \u2026 His new position will be as President of the Global Institutes on Addictions\" in Miami. That institute is a for-profit corporation that was registered in Florida on 31 July. On 4 September, Volkow held a town hall meeting with employees at NIDA's intramural campus in Baltimore, Maryland. At the meeting, Volkow said she could not provide details about Bonci's departure. (The 1974 Privacy Act bars federal agencies from making such disclosures.) But she said takes sexual misconduct very seriously; she noted points of contact for employees experiencing misconduct and she met separately with trainees while on campus. Some credited for taking the complaint seriously and acting upon it swiftly. One scientist said: \"They did it 80% right. He's gone.\" This story was supported by the Science Fund for Investigative Reporting. *Editor's note, 26 February, 10 a.m.: This story was revised to clarify that allegations related to sexual misconduct rather than sexual harassment. In addition, Antonello Bonci, through counsel, denied that he engaged in, or was found to have engaged in, sexual harassment or workplace discrimination of any kind. doi: 10.1126/science.aba1158 Meredith Wadman \ue95a\ue91d Author Meredith Wadman has been a staff writer in Science\u2019s Washington, D.C., bureau since 2016 Researchers face impossible decisions as U.S. aid freeze halts clinical trials 13 2025 Silk Road merchants may have introduced cats to China 1400 years ago 13 2025 Can read pain and other emotions in your dog\u2019s face? 13 2025 LEST\u00c9 2/13/25, 9:57 Science chief at drug abuse institute resigned after sexual misconduct probe | Science 2/5 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 \ue937 Researchers face impossible decisions as U.S. aid freeze halts clinical trials 13 2025 Welcome to Trump Tracker 13 2025 Senior official who helped lead high-profile China and sexual harassment initiatives retires 13 2025 Senate confirms Robert F. 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Science in the Classroom Leadership Work at FAQs Access and Subscriptions 2/13/25, 9:57 Science chief at drug abuse institute resigned after sexual misconduct probe | Science 4/5 Prizes and Awards 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 2/13/25, 9:57 Science chief at drug abuse institute resigned after sexual misconduct probe | Science 5/5", "8482_102.pdf": "Dr. Antonello Bonci Monday, August 2, 2010 Leading Addiction Researcher Antonello Bonci joins to lead Intramural Research Program Antonello Bonci, M.D., one of the world's leading researchers in neuropsychopharmacology, has been appointed the Scientific Director of National Institute on Drug Abuse's (NIDA) Intramural Research Program (IRP) in Baltimore is part of the National Institutes of Health. Dr. Bonci is currently professor in residence in the Department of Neurology at the University of California, San Francisco (UCSF), where he holds the Howard J. Weinberg Endowed Chair in Addiction Research. He is known for the elegance and multidisciplinary breadth of his studies on the long-term effects of drug exposure on the brain. Dr. Bonci and his colleagues were the first to demonstrate that drugs of abuse, such as cocaine, modify the strength of the connections between neurons. This finding cast a new light on the phenomenon of drug addiction, which could now be seen as a process of maladaptive learning. This new understanding, in turn, helped explain why drug taking can often become an automatic, compulsive behavior. \"We think Dr. Bonci will bring tremendous strength to our already robust intramural research portfolio,\" said Director Dr. Nora D. Volkow. \"His impressive background as a superb neuroscientist with strong clinical training brings an exceptional investigator committed to translational science, and will bring us closer to new and better medicines for the treatment of addiction am thrilled to be a part of one of the world's most important scientific organizations looking at the challenging problem of drug abuse and addiction,\" said Dr. Bonci especially look forward to working with Dr. Volkow and her colleagues in the extramural program, as well as the many top level investigators at the Intramural Research Center who have been responsible for many advances in addiction science hope that the experience bring as a neurologist and a translational neuroscientist will help their already impressive scientific program thrive even further.\" Dr. Bonci has been with since 1998, becoming principal investigator at the Ernest Gallo Clinic and Research Center in 1999 and professor in residence in 2007. He received the Jacob P. Waletzky Memorial Award at the Society for Neuroscience in 2004, given to young scientists for innovative research in drug addiction and alcoholism. He also received the Daniel H. Efron Award at the American College of Neuropsychopharmacology in 2009 for outstanding basic and translational research. Dr. Bonci received his medical degree at the Sacred Heart School of Medicine in Rome, with summa cum laude honors, and in 1995 he became a neurologist at University of Rome \"Tor Vergata\" with summa cum laude honors. Before joining the faculty at UCSF, he did 2/13/25, 9:57 Leading Addiction Researcher Antonello Bonci joins to lead Intramural Research Program | National Institutes of Health (NIH) 1/3 postdoctoral work in 1995 at the Vollum Institute for Advanced Biomedical Research in Portland, Ore. and worked as a visiting professor in the Department of Psychiatry at in 1998. He is a member of the United Nations Scientific Committee on Drug Dependence. Dr. Bonci replaces Dr. Barry Hoffer, who has served as the scientific director since 1996. Dr. Hoffer is stepping down from his role as scientific director to be a tenured principal investigator and chief of the Cellular Neurophysiology Section of the Cellular Neurobiology Branch of the IRP. Dr. Hoffer is currently on detail to the Case Western Reserve University in Cleveland. \"We are deeply grateful to Dr. Hoffer for his contributions to the Intramural Research Program,\" said Dr. Volkow. \"Under his leadership, the evolved into an organization focusing on cutting-edge neuroscience research, supporting and nurturing a strong core of investigators who lead highly productive laboratories and conduct first-class research on the neurobiology of drug abuse and addiction.\" Dr. Hoffer is also recognized for his role as a skilled scientific mentor. Dr. Bonci begins his new position at the on August 29, 2010. The mission of the Intramural Research Program (IRP) of the National Institute on Drug Abuse is to conduct state-of-the-art research on basic mechanisms that underlie drug abuse and addiction, and to develop new methods for the treatment of drug abuse and addiction. Research is supported at the molecular, genetic, cellular, animal, and clinical levels and is conceptually integrated, highly innovative, and focused on major problems in the field. The long-term goal of the research is to better understand the biological and behavioral factors contributing to initiation, maintenance, and elimination of drug abuse and addiction (and associated diseases), and to translate this knowledge into improved strategies for preventing, treating, and reducing the negative consequences for the individual and for society caused by drug abuse and addiction. An important aspect of the program is the training of young investigators and career development of more experienced investigators in basic and clinical sciences related to drug abuse research. The National Institute on Drug Abuse is a component of the National Institutes of Health, U.S. Department of Health and Human Services supports most of the world's research on the health aspects of drug abuse and addiction. The Institute carries out a large variety of programs to inform policy and improve practice. Fact sheets on the health effects of drugs of abuse and information on research and other activities can be found on the home page at To order publications in English or Spanish, call NIDA's new DrugPubs research dissemination center at 1-877 or 240-645-0228 (TDD) or fax or email requests to 240-645-0227 or drugpubs@nida.nih.gov. Online ordering is available at NIDA's new media guide can be found at About the National Institutes of Health (NIH): NIH, the nation's medical research agency, includes 27 Institutes and Centers and is a component of the U.S. Department of Health and Human Services is the primary federal agency conducting and supporting basic, clinical, and translational medical research, and is investigating the causes, treatments, and cures for both common and rare diseases. For more information about and its programs, visit NIH\u2026Turning Discovery Into Health ### \u00ae Institute/Center National Institute on Drug Abuse (NIDA) Contact Press Office 301-443-6245 2/13/25, 9:57 Leading Addiction Researcher Antonello Bonci joins to lead Intramural Research Program | National Institutes of Health (NIH) 2/3 NIH\u2026Turning Discovery Into Health National Institutes of Health, 9000 Rockville Pike, Bethesda, Maryland 20892 U.S. Department of Health and Human Services Connect with Us Subscribe to news releases Feed \u00ae 2/13/25, 9:57 Leading Addiction Researcher Antonello Bonci joins to lead Intramural Research Program | National Institutes of Health (NIH) 3/3", "8482_103.pdf": "\uf099 \uf09a \uf0e0 \uf075 Survey: 1 in 5 workers were sexually harassed in past year Young, nonbinary and bisexual employees were most likely to experience harassment; about half of all respondents said they experienced \u201cincivility\" By Sarina Neote Oct. 9, 2020 he results of the National Institutes of Health\u2019s Workplace Climate and Harassment Survey, released Sept. 29, show that the agency still has work to do to make its institutes and centers safe for and inclusive of its employees, trainees and contractors. Of the 16,000 survey respondents, about half reported experiencing \u201cincivility,\u201d defined as disrespectful, rude or condescending behaviors, from supervisors or co-workers; 22% reported experiencing sexual harassment in the past 12 months; and 10% said they had been bullied. Young employees and those who identify as nonbinary and bisexual were more likely to report experiencing sexual harassment than other groups. The survey asked follow-up questions about the circumstances surrounding sexual harassment. Most respondents indicated that the perpetrator was an employee (78%) and a man (72%), and 35% said the perpetrator was their supervisor or manager. The also asked the survey takers to evaluate the NIH\u2019s performance at encouraging employees to report harassment, and 78% indicated that the agency has done \u201can excellent or good job\u201d at that. 2/13/25, 9:57 Survey: 1 in 5 workers were sexually harassed in past year 1/5 The Workplace Climate and Harassment Survey found that workers with a disability were more likely to experience sexual harassment than those without a disability. Still, more than half of respondents said that did not talk about being harassed with anyone, and only 14% said they had reported the harassment through a dedicated channel. When asked why they did not talk about or report sexual harassment, 64.9% said they believed their careers might suffer, and 77.6% said they didn\u2019t think the experience was serious enough to report. The survey report did not discuss race or ethnicity. \u201cThe survey is an important effort to determine how people on campus feel and where more effort needs to be made. The results are alarming. You see clearly how uncomfortable the workplace can be \u2014 particularly if you are a young woman or a gender minority in science,\u201d said Benjamin Corb, the American Society for Biochemistry and Molecular Biology\u2019s public affairs director hope that the leadership responds with aggressive changes to change the culture on campus and set an example for the scientific enterprise.\u201d The NIH\u2019s efforts to address sexual harassment On the heels of the National Academies\u2019 groundbreaking report on the cumulative effect of sexual harassment on women in in 2018, Francis S. Collins, director of the NIH, penned several blog posts and statements (see here, here and here) about the importance of addressing the harassment in STEM. Most notably, in a September 2018 blog post, he outlined the NIH\u2019s next steps to end sexual harassment. \u201cSexual harassment is about power...It\u2019s morally indefensible, it\u2019s unacceptable, and it presents a major obstacle that is keeping women from achieving their rightful place in 2/13/25, 9:57 Survey: 1 in 5 workers were sexually harassed in past year 2/5 SURVEY, 2020 The surveyors assessed participants' experiences using what is called the Sexual Experiences Questionnaire. \"The items are grouped into the three categories (gender harassment, unwanted sexual attention and sexual coercion)... Since respondents could indicate multiple sexual harassment experiences in different categories in the past 12 months, the categories are not mutually exclusive,\" the report explained. science,\u201d he wrote. Collins pointed readers to the NIH\u2019s anti-sexual harassment webpage and wrote about the NIH\u2019s plans to update its policy on harassment, making it easier for individuals to report incidents, and to launch a communication, training and education campaign. Around the same time as Collins published his blog outlining the NIH\u2019s steps to end sexual harassment, the also began to investigate 35 sexual assault allegations within the Intramural Research Program. So far, 10 staff members have been disciplined with what the agency calls \u201cinformal disciplinary actions,\u201d such as counseling/training and cease and desist warnings while 10 others resulted in formal actions, such as reprimands to termination of employment. Trouble with directors and workplace harassment In 2019, Antonello Bonci, former scientific director of the National Institute on Drug Abuse, resigned after an investigation into whether he sexually targeted a trainee and later directed resources to another trainee with whom he had an intimate relationship. The gave the public no other information or reasoning behind Bonci\u2019s departure. 2/13/25, 9:57 Survey: 1 in 5 workers were sexually harassed in past year 3/5 SURVEY, 2020 Eight women filed equal employment opportunity complaints against between 2013 and 2019 against Constantine Stratakis, then the scientific director at the National Institute of Child Health and Human Development. Their allegations came amid concerns raised by others at the institute that Stratakis prevented women from progressing to leadership positions. Stratakis stepped down from the director position February but still runs a lab at NICHD. Enjoy reading Today? Become a member to receive the print edition four times a year and the digital edition weekly. Sarina Neote \uf0e0 Sarina Neote is ASBMB's director of public affairs 2/13/25, 9:57 Survey: 1 in 5 workers were sexually harassed in past year 4/5 Sign up for the advocacy newsletter \uf105 Featured jobs from the career center Assistant Professor - Biomedical Discovery Research Toronto University of Toronto Biochemistry/Genetics (Open Rank Faculty) El Paso Texas Tech University View All Jobs 2/13/25, 9:57 Survey: 1 in 5 workers were sexually harassed in past year 5/5"} |
8,880 | David Bwambok | California State University - San Marcos | [
"8880_101.pdf",
"8880_102.pdf",
"8880_103.pdf"
] | {"8880_101.pdf": "archive.today webpage capture Saved from history \u2190prior next\u2192 search 10 Feb 2025 22:39:34 All snapshots from host share download .zip report bug or abuse Webpage Screenshot Cal State agreed to keep sexual harassment findings against two professors under wraps Students on the campus of Cal State San Marcos. (Howard Lipin / San Diego Union-Tribune) By Alexis Timko July 26, 2022 5:30 After a few alcoholic drinks at a pizza joint near campus, a professor in the psychology department at Cal State San Marcos allegedly insinuated to a female student that he was turned on and started kissing her neck. In the chemistry department, a professor pinned a female student\u2019s arms to her side, lowered his hands to her back and pressed his groin against her hips, she said. Both professors denied the claims but investigations conducted by the campus Title office concluded the professors had engaged in egregious sexual harassment and Share Sections 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 1/8 misconduct in violation of university policy. The professors\u2019 accounts of the events were found to be not credible. Instead of pursuing disciplinary action, however, the university agreed to generous settlements with the professors, Roger Morrissette and David Bwambok, which included voluntary resignations, paid administrative leave and, in one case, expunging records of disciplinary action from his personnel file, according to university reports obtained by The Times that detail the investigations and settlements. In both cases, the university agreed to only confirm the professors\u2019 position and dates of employment if contacted by prospective employers and would not volunteer any additional information. One works at a community college not far from San Marcos; the school was unaware of the allegations against the professor, a spokesperson said. The other works at an out-of-state university, which declined to comment Cal State San Marcos spokeswoman said the settlements were reached after consideration of several factors, including the prospect the professors could maintain their employment contracts through arbitration. \u201cThe university\u2019s priority was protecting its student and employee community and the quickest and, more importantly, most assured route to these individuals no longer working for the campus was via settlements,\u201d said Margaret Chantung, chief communication officer at the university. \u201cThis route also avoided placing the complainants in the situation of being questioned about their testimony and going through the painful experience of reliving their experiences.\u201d The revelations are the latest jolt to the California State University system, where a series of scandals have called into question its handling of sexual harassment and other misconduct claims What you need to know about the sexual misconduct scandals at Dec. 14, 2022 At San Marcos, the investigations of Morrissette and Bwambok included graphic allegations. In 2016, a student said Morrissette, a former adjunct professor of psychology, drove her to a pizza place after class to answer an \u201cacademically related question.\u201d 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 2/8 During the conversation, Morrissette told the student that his penis was erect, she said. Later that night, at a bar, he described intimate relations with another woman while stroking the student\u2019s hair and shoulders, she said. The student said she felt unsafe but tried to be nice because she didn\u2019t want to jeopardize her grade. Morrissette denied the allegations. Upon learning the incident was under investigation, he filed a grievance through the faculty union. In 2019, a former student of Bwambok\u2019s said he invited her into his office to catch up. When she tried to leave, the former assistant professor of chemistry and biochemistry insisted on hugging her and would not loosen his grip, she said. He then pressed his erect penis \u201cagainst her upper thigh and pelvic area.\u201d After getting home, the student and her mother reported the incident to campus police. Bwambok denied the allegations to campus police and the Title office. As a result of the campus police investigation, the university notified Bwambok of its intent to dismiss him, which Bwambok appealed. Under the terms of the settlement, documents relating to the disciplinary action were withdrawn from his personnel file. \u201cThe parties desire to avoid the expense, inconvenience and uncertainty of continued proceedings and wish to resolve all disputes and claims between them,\u201d the settlement stated. The Title investigation uncovered that Bwambok was previously cautioned by his department chairman about inappropriately touching students. In early 2019, another student of Bwambok\u2019s requested that the chairman bring up the topic after she described a lingering hug that made her uncomfortable formal complaint was never filed. Neither of the professors responded to phone and email requests for comment. Under the terms of the settlements, Morrissette and Bwambok did not acknowledge any wrongdoing. The Times obtained the settlements under the state\u2019s open records law. 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 3/8 Both professors\u2019 settlements came with a stipulation that they would not seek employment in the Cal State system again. The university agreed that if contacted for a reference, it would not comment on their eligibility to be rehired and would only confirm their titles and dates of employment. Bwambok collected more than $11,300 after his resignation to cover more than a month of pay and $2,800 for a tuition fee waiver for a semester of Cal State classes for a dependent. He is now an assistant professor of chemistry at Ball State University in Indiana. The university declined to comment, saying it was a personnel matter. Morrissette collected paid administrative leave and benefits following the investigation, according to his settlement, which was dated May 2017. He previously had been suspended for several months with pay. While working at Cal State San Marcos, he was also employed by Palomar College, a community college just three miles from the San Marcos campus spokesperson at Palomar, where Morrissette is now a tenured professor, said the college was not aware of Morrissette\u2019s record at San Marcos and declined to comment further. Many legal experts and advocates criticize university practices that allow professors to find new jobs without revealing past findings of misconduct, a phenomenon that has become known as \u201cpass the harasser.\u201d \u201cIt is a legal gap,\u201d said Nancy Cantalupo, assistant professor of law at Wayne State University. \u201cThere\u2019s no legal obligation for one institution to tell another institution of the fact that this person has been found to have harassed someone on campus.\u201d Absent a legal obligation, institutions prioritize safety within their own campuses and communities, Cantalupo said. In a statement to The Times, Chantung said San Marcos is \u201cextremely committed to providing a campus environment that promotes respect, human dignity and an environment where everyone can thrive in their academic, professional and personal pursuits.\u201d Experts said settlements such as those reached with Morrissette and Bwambok are not uncommon. \u201cAllowing resignation is one clear way for the university to ensure that individual leaves the community,\u201d said Brett Sokolow, president of the Assn. of Title Administrators. \u201cThe discipline process is a crapshoot; you don\u2019t know how it\u2019s going to turn out.\u201d 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 4/8 In the Cal State system, a grievance can be filed with the California Faculty Assn., allowing a professor to appeal a disciplinary decision and potentially return to his position at the university. Institutions threatened with lengthy grievance proceedings or lawsuits will often opt to settle and take what Sokolow calls a \u201cwin-win-win situation, with a lowercase w.\u201d By settling, experts said, universities avoid lawsuits that could cost them hundreds of thousands of dollars to defend, money they argue could otherwise be spent on students. In addition, victims can avoid encountering those they accuse of misconduct on campus and the faculty member can walk away with no damage to their reputation and career. In Morrissette\u2019s case, though, the settlement will not prevent potential contact with students from Cal State San Marcos. San Marcos psychology students can take core classes at Palomar for transfer credit. Enrolling in community college classes for major or general education requirements is common for college students who are looking to save on tuition. Palomar College is also a primary feeder campus for San Marcos. San Marcos has a webpage intended to make a transfer from Palomar as easy as possible. The California State University system is already facing an independent investigation ordered by state lawmakers that focuses on how sexual harassment and retaliation complaints are handled at Sonoma State, Fresno State and San Jose State. In February, Joseph I. Castro stepped down as chancellor amid outcry over his handling of sex harassment and workforce bullying accusations against a top Fresno State official while he was president of the campus. Times staff writers Colleen Shalby and Robert J. Lopez contributed to this report More to Read Charges that a Davis professor threatened Zionists are unresolved. Regents want action Jan. 23, 2025 Serious misconduct alleged in report former professors sought to block. They moved on with no discipline Jan. 19, 2025 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 5/8 resolves federal civil rights complaints of antisemitism, Islamophobia and anti-Arab bias Dec. 20, 2024 Sign up for Essential California The most important California stories and recommendations in your inbox every morning. You may occasionally receive promotional content from the Los Angeles Times. Alexis Timko Alexis Timko was the inaugural Ida B. Wells Society investigations intern at the Los Angeles Times Long Beach native and graduate of the University of Southern California, she worked at Annenberg Media where she exposed issues related to campus sexual assault and student government corruption as a reporter and investigative desk editor. Previously, Timko has worked with the International Rescue Committee and Human Rights First to aid in legal assistance and resettlement for Afghan refugees. She has also traveled to Kyrgyzstan and India to work on human rights issues in the regions and wrote several papers and articles about human rights issues in Cameroon. More From the Los Angeles Times California joins legal fight to stop cuts that could be a blow to UC, CSU, other universities 41 minutes ago Two transgender athletes navigate teen life on front lines of raging national debate Feb. 9, 2025 cuts put medical research at risk, scientists say, raising concerns at and elsewhere Feb. 8, 2025 What has Donald Trump not done yet? Here are some policy areas where he might act next Feb. 8, 2025 Most Read in California Powerful new rainstorm brings risk of debris flows \u2018Built to burn.\u2019 L.A. let hillside homes multiply Enter email address 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 6/8 Subscribe for unlimited access Site Map \u200b \u200b \u200b \u200b eNewspaper Coupons Find/Post Jobs \u200b \u200b \u200b \u200b Crossword Obituaries Recipes \u200b \u200b \u200b About/Contact For the Record L.A. Times Careers to L.A. fire zones this week Feb. 10, 2025 without learning from past mistakes Feb. 9, 2025 Major atmospheric river storm is barreling toward California: \u2018Prepare for the worst\u2019 Feb. 10, 2025 Leaked document says \u2018large scale\u2019 immigration enforcement action coming soon to L.A. Feb. 7, 2025 Subscribers are Reading Cal Fire\u2019s updated fire-hazard maps will double the area of locally managed land that must comply with safety codes Finally we know where toxic ash from the L.A. wildfires could end up Hollywood\u2019s spiciest writing group? It\u2019s at a retirement home for showbiz veterans Lakers\u2019 trade for Charlotte\u2019s Mark Williams rescinded after failed physical Trump amends \u201960 Minutes\u2019 lawsuit and demands $20 billion Latest California Man may face prison after books tossed onto U.S. 101 during immigration policy protest 1 hour ago Luka Doncic hasn\u2019t made L.A. debut, but Laker assists with $500,000 fire relief donation 2 hours ago San Bernardino shaken by magnitude 3.5 earthquake \u2014 and 3.0 quake four minutes later 2 hours ago Newsom wants homeowners in burn areas to get interest earned on insurance payouts Feb. 10, 2025 California loves Dungeness crab. But concerns over whale safety have put the industry in peril Feb. 10, 2025 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 7/8 Follow Us \u200b \u200b Place an Ad Media Kit: Why the L. A. Times? \u200b \u200b Guides L.A. Times Store \u200b \u200b Manage Subscription Reprints and Permissions Copyright \u00a9 2025, Los Angeles Times | Terms of Service | Privacy Policy Notice of Collection | Do Not Sell or Share My Personal Information 2/13/25, 9:59 Cal State agreed to keep sexual harassment findings against two professors under wraps - Los Angeles Times 8/8", "8880_102.pdf": "K-12 Home / News THU, 07/28/2022 Yet another California State University school is accused of covering up allegations of sexual misconduct. The latest allegations involve Cal State San Marcos. You can read the entire investigative report from the Los Angeles Times. After a few alcoholic drinks at a pizza joint near campus, a professor in the psychology department at Cal State San Marcos allegedly insinuated to a female student that he was turned on and started kissing her neck. In the chemistry department, a professor pinned a female student\u2019s arms to her side, lowered his hands to her back and pressed his groin against her hips, she said 2/13/25, 10:00 Cal State San Marcos Accused of Sexual Harassment Cover-Up | CalSchoolNews.org 1/4 Both professors denied the claims but investigations conducted by the campus Title office concluded the professors had engaged in egregious sexual harassment and misconduct in violation of university policy. The professors\u2019 accounts of the events were found to be not credible. Instead of pursuing disciplinary action, however, the university agreed to generous settlements with the professors, Roger Morrissette and David Bwambok, which included voluntary resignations, paid administrative leave and, in one case, expunging records of disciplinary action from his personnel file, according to university reports obtained by The Times that detail the investigations and settlements. These are just the latest in a swarm of misconduct allegations involving California State University officials. Similar complaints have been made against officials at Sonoma State, San Diego State, San Jose State, Cal State Channel Islands, and Fresno State. Joseph I. Castro was forced to step down as chancellor in February over his handling of sexual harassment allegations against a top Fresno State staffer while Castro was the school\u2019s president. Last month, state lawmakers ordered an independent investigation that will probe CSU\u2019s treatment of harassment and retaliation claims Education Recovery Scorecard Sh California Districts Performing Abo Pandemic Levels California Teachers Unite in Push f Pay and Benefits White House Readies Executive Or Dismantle Department of Educatio Palo Alto School Board Member Un for Social Media Repost Sexual Abuse Lawsuits Threaten Districts\u2019 Solvency Warns Sexual Abuse Lawsuits Threaten Districts\u2019 Solvency Warns Downey Superintendent Announ Retirement Candidate for Vacant San Rafae Seat Withdraws to Avoid Costly Sta Trump Asks School Sports Orga to Strip Titles from Transgender At Centinela Valley School District $881,100 for Student Success Prog Tweets by calschoolnews 2/13/25, 10:00 Cal State San Marcos Accused of Sexual Harassment Cover-Up | CalSchoolNews.org 2/4 13, 2025 - 11:04 Downey Unified Superintendent John A. Garcia announced his retirement Wednesday, effective August 1 SECTION: Candidate For Vacant San Rafael Board Seat Withdraws To Avoid Costly Stalemate Sexual Abuse Lawsuits Threaten School Districts\u2019 Solvency Warns Trump Asks School Sports Organizations To Strip Titles From Transgender Athletes Centinela Valley School District Awarded $881,100 For Student Success Program Education Recovery Scorecard Shows 11 California Districts Performing Above Pre- Pandemic Levels 19, 2024 - 08:57 The Conejo Valley Unified School District can continue teaching about the birds and the bees without legal repercussions SECTION: The Uncertain Future Of California\u2019s Ethnic Studies Curriculum 11, 2025 - 09:11 Thirty-four years ago, West Contra Costa Unified (formerly Richmond Unified) became the first district in the state to declare insolvency SECTION: Gavin Newsom Unveils 2025-26 Spending Plan Gavin Newsom Previews 2025-26 Budget Proposal Record Lotto Sales Produce $2 Billion For California Schools Voters Pass $10 Billion Construction Bond 12, 2024 - 09:38 The Greenfield Union School District ha lawsuit after learning that Kern County allowed 108 people to vote in the wrong school board SECTION: Recalled Board President Jos Komrosky Takes His Seat Back After Tracking Early Vote Data For Californ Sam Liccardo Rescinds Endorsemen Trustee Grace Mah 16 And 17-Year-Olds To Vote In Some School Board Elections Voters Recall Two School Board Mem Alameda County K-12 11, 2025 - 09:21 The COVID-19 pandemic led to steep le loss among the nation\u2019s youth SECTION: Nation's Report Card Signals Ongoin In Student Achievement \u2014 But Why? 2/13/25, 10:00 Cal State San Marcos Accused of Sexual Harassment Cover-Up | CalSchoolNews.org 3/4 High Schools Want More Clarity On Math Requirements Newsom Signs Fentanyl Education Bill Co- Sponsored By San Diego County Newsom Signs Law Requiring Financial Literacy For High Schoolers Assembly Speaker Kills \u2018Science Of Reading\u2019 Bill School Bond Measure Leads Slightly In New Poll Napa Valley Unified Tries To Protect Undocumented Students Pasadena Unified Announces Phased Reopening Plan San Francisco Unified Owes $1.18 Services To Special Education Stude California School Board Urged To Re Commandments Displays In Its Class Project of GrassrootsLab 2/13/25, 10:00 Cal State San Marcos Accused of Sexual Harassment Cover-Up | CalSchoolNews.org 4/4", "8880_103.pdf": "Hometown Newspaper of Valley Center, Pauma Valley, Pala, Palomar Mountain & North Escondido since 1974 settles with man over sexual harassment charges By Roadrunner on August 03, 2022 Warning. This article contains material of a sexual nature that some might find disturbing Valley Center man, Roger Morrissette, is one of two professors at Cal State San Marcos who were given settlements for resigning their positions in the face of sexual harassment allegations made by female students. Morrisette is currently a soccer coach. Morrissette denied the allegations but an investigation by the university\u2019s campus Title office concluded that his account of the event was not credible. Morrisette and the other professor, David Bwambok, agreed to resign, were paid administrate leave and in one case the record was expunged from the personnel file. These matters came to light after the Los Angeles Times did a California Public Records Act and published an investigative report on the investigations and settlements. According to The Times\u2019s report, a spokesman for the university said it took into account the possibility that both professors could maintain their contracts through arbitration in making its decision to buy them out. The spokesman told The Times: \u201cThe university\u2019s priority was protecting its student and employee community and the quickest and, more importantly, most assured route to these individuals no longer working for the campus was via settlements,\u201d adding, \u201cThis route also avoided placing the complainants in the situation of being questioned about their testimony and going through the painful experience of reliving their experiences.\u201d The incident in question occurred in 2016 when Morrissette was an adjunct professor of psychology. According to the Times report, a student related that he drove her to a pizza restaurant after class to answer an \u201cacademically related question.\u201d The student said that during the conversation Morrissette announced that he was sexually aroused. She added that later on he talked about intimacy with another woman while stroking the student\u2019s hair and shoulder. She said she felt unsafe but didn\u2019t want to do anything to harm her grade. According to the settlement, \u201cThe parties desire to avoid the expense, inconvenience and uncertainty of continued proceedings and wish to resolve all disputes and claims between them.\u201d Morrissette contacted The Roadrunner and submitted this statement: Statement From Roger Morrisette: \u201csix years ago, on the night in question was teaching a night course on Brain, Drugs, and Society started each class by playing a song that referenced drug use and then we discussed the lyrics as an open discussion in class. At times these discussions also talked about the sexual behavior associated with drug use. After class, an adult (21+) student asked me if we could chat said usually go across the street to get a slice of pizza and a beer before head home. Could we chat over there asked her if it was that had a beer while we talked, and she said that was fine. We had a nice evening chatting. There was only one discussion about sex and that was initiated by the woman who asked me if thought her boyfriend was gay because he liked to watch gay porn while they had sex was a bit shocked by the question, but responded \u201cyes, he was probably gay.\u201d She said her boyfriend vehemently denies that he is gay. The rest of the evening we talked about her possible career in neuroscience.\u201d Note: In the statement Morrisette denies making any statement about being aroused. His statement continues below: 2/13/25, 10:00 settles with man over sexual harassment charges - Valley Roadrunner 1/2 \u201cPerhaps she misunderstood something said or just fabricated that part. The article also states that stroked her hair while telling a sex story. That is not true at all. There was no hair stroking or anything close also did not tell any sex stories did tell a story about a woman knew as an undergrad in the 80\u2019s who had an orgasm while doing a group meditation on world peace during the harmonic conversion. That story did have the word orgasm in it but was totally non-sexual. The evening ended pleasantly, and we gave each other a platonic hug goodbye. There was no kiss. At one point, the all-female title panel asked me why this person would not be telling the truth thought maybe the boyfriend pressured her. The boyfriend was with her when she filed the claim. He may have had very good reason to keep his specific sexual behavior in the closet and was a threat to him. The woman was Middle Eastern, and believe the boyfriend was as well. Some cultures and/or families are much less open and understanding to rights than others. Perhaps this pressure made the boyfriend push her to make this false claim. Honestly don\u2019t know just know that did not engage in sexual harassment. The all-female committee claimed that she had no reason to lie, but did (to save my job), so they found in favor of her. And just like that, 11 years of service, some of the highest student evaluations at the school, and multiple teaching awards are gone. As an at-will part-time employee had no choice but to resign my position.\u201d To prevent any further distraction this matter might cause to the athletic program, Morrissette has agreed to resign from his coaching position gag order was issued at the time of the settlement which prevented any disclosure of the existence or details of the settlement. Related Stories by Valley Roadrunner Go To The Community News Section New chairman elected for planning group, or maybe not In a planning group officer election, you need to be able to count to eight. In a razor close election... Fire board accepts new property tax allocation The Valley Center Fire Protection District (VCFPD) Thursday night, December 19 voted to accept the new property tax allocation that... No presence at schools, Super says Despite some parents who have been alarmed by what they thought were immigration officers loitering at Valley Center schools, VC\u2019s... Load More 2/13/25, 10:00 settles with man over sexual harassment charges - Valley Roadrunner 2/2"} |
9,021 | Lee E. Downing | Temple University | [
"9021_101.pdf",
"9021_102.pdf"
] | {"9021_101.pdf": "From Casetext: Smarter Legal Research Nelson v. Temple University United States District Court, E.D. Pennsylvania Feb 14, 1996 920 F. Supp. 633 (E.D. Pa. 1996) Copy Citation Download Check Treatment Rethink the way you litigate with CoCounsel for research, discovery, depositions, and so much more. Try CoCounsel free Civ. A. No. 95-5141. February 14, 1996. *634 634 Edmond A. Tiryak, Philadelphia, PA, Lisa M. Rau, Kairys, Rudovsky, Kalman Epstein, Philadelphia, PA, for plaintiffs T. Doe, Traci B. Nelson. John B. Langel, David S. Fryman, Kelly A. Walenda, Ballard, Spahr, Andrews and Ingersoll, Philadelphia, PA, for defendant Temple University. David J. Gaier, Dessen, Moses Sheinoff, Philadelphia, Jonathan D. Herbst, Kean K. McDonald, Pamela Tobin, LaBrum Doak, Philadelphia, PA, for Sign In Search all cases and statutes... Opinion Summaries Case details 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 1/11 YOHN, District Judge. defendant Lee Downing Currently before the court is defendant Lee Downing's motion to dismiss plaintiff's claims against him. Specifically, Downing argues that plaintiff's Title claim against him should be dismissed because Title does not provide for a cause of action against individuals. Defendant then asks that the court exercise its discretion under 28 U.S.C. \u00a7 1367 and dismiss plaintiff's remaining state law claims against him. Plaintiff asserts that, in fact, Title does authorize causes of action against individuals, and, even if it does not, the state law claims against Downing should remain before this court. Downing's motion to dismiss plaintiff's Title claims against him will be granted. The court, however, will continue to exercise its supplemental jurisdiction over plaintiff's remaining state law claims against Downing. 1 1 After Downing filed this motion to dismiss, plaintiff filed an amended complaint which contained a Title claim against Temple University and Downing, in addition to the claims asserted in the original complaint. In light of the Third Circuit Court of Appeals' recent ruling in Sheridan v. E.I. DuPont de Nemours Co., 1996 36283, at *12-13 (3d Cir. Jan. 31, 1996), individuals cannot be liable under Title VII; therefore the Title claim against Downing will be dismissed. I. Background: Because the court is considering a motion to dismiss, plaintiff's version of the underlying facts as set forth in her complaint will be accepted as true. Plaintiff is a twenty-eight year old female student who has attended Temple University's Ambler campus since September 1993. (Am.Compl. \u00b6 7.) Plaintiff was also an employee at the Student Activities Office of the Ambler campus from September 1994 to December 1994. (Id.) *635 Defendant Downing was an administrative level employee in charge of student organizations and activities at the Ambler campus, and he was also 2 635 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 2/11 responsible for the Student Activities Office where plaintiff was employed. (Id. \u00b6 11.) 2 The purpose of a Rule 12(b)(6) motion is to test the legal sufficiency of a complaint. Sturm v. Clark, 835 F.2d 1009, 1011 (3d Cir. 1987). In deciding a motion to dismiss for failure to state a claim, the court must \"accept as true all allegations in the complaint and all reasonable inferences that can be drawn from them after construing them in the light most favorable to the non-movant.\" Jordan v. Fox, Rothschild, O'Brien Frankel, 20 F.3d 1250, 1261 (3d Cir. 1994) (citing Rocks v. Philadelphia, 868 F.2d 644, 645 (3d Cir. 1989)). Dismissal is not appropriate unless it \"is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.\" Hishon v. King Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984); Jordan, 20 F.3d at 1261; Robb v. Philadelphia, 733 F.2d 286, 290 (3d Cir. 1984 complaint may be dismissed when the facts pled and the reasonable inferences therefrom are legally insufficient to support the relief sought. Pennsylvania ex. rel. Zimmerman v. PepsiCo, Inc., 836 F.2d 173, 179 (3d Cir. 1988). Plaintiff's complaint alleges that Downing subjected her to repeated and unwelcome sexual harassment and sexual assault from early September 1993 and continuing through the filing of her administrative complaint with the University's Office of Affirmative Action on September 22, 1994. (Id. \u00b6 14.) Thereafter, plaintiff met with the Dean and an Assistant Dean of the Ambler campus to discuss the alleged harassment. (Am.Compl. \u00b6 17-20.) The Office of Affirmative Action embarked upon an investigation of the allegations and, in February 1995, determined that there was a basis for believing that a violation of the University's sexual harassment policy had occurred. (Id. \u00b6 27(f).) At that time, the University apparently suspended Downing. (Id. \u00b6 28.) On June 5, 1995, plaintiff received a letter from the Office of Affirmative action which concluded that the actions of Downing \"as alleged, constitute a violation of the policy on sexual harassment.\" (Id. \u00b6 27(g).) After filing the formal administrative complaint, Downing allegedly retaliated against plaintiff by adversely treating her and the student organization she managed, by defaming plaintiff, by attempting to organize students to impeach her as the general manager of a student organization, 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 3/11 20 U.S.C. \u00a7 1681. and by filing a civil complaint against plaintiff in the Court of Common Pleas of Philadelphia County. (Id. \u00b6 21-26.) Plaintiff filed sexual harassment and retaliation complaints with the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission; she received right to sue letters from each agency. (Id. \u00b6 29-30.) Plaintiff filed this action against Downing and Temple University on August 10, 1995, asserting violations of, and seeking damages under, Title and various state law claims. II. The Title Claims: For purposes of the motion currently before the court, none of the material facts are in dispute; the sole issue under consideration is whether Title supports a cause of action against individuals brief review of the history of litigation under Title reveals that the issue has not yet been settled. 3 3 Title provides, in part: 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 . . . In 1979, the Supreme Court determined that Title is enforceable through an implied private right of action. Cannon v. University of Chicago, 441 U.S. 677, 689, 99 S.Ct. 1946, 1953, 60 L.Ed.2d 560 (1979). In 1992, the Supreme Court settled a divide among the courts of appeals by finding that the implied right of action supports a claim for monetary damages. Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60, 75, 112 S.Ct. 1028, 1037-38, 117 L.Ed.2d 208 (1992) (adopting the stance of the Third Circuit Court of Appeals in Pfeiffer v. Marion Ctr. Area Sch. Dist., 917 F.2d 779 (3d Cir. 1990)). In Cannon and Gwinnett, however, the Court did not indicate whether individuals were among those against whom the implied cause of action could be brought majority of the few cases explicitly addressing the issue have concluded that Title does not authorize a cause of action against individuals. See Lipsett v. University of Puerto Rico, 864 F.2d 881, 901 (1st Cir. 1988) (\"In 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 4/11 implying a cause of action under Title IX, the Supreme Court has considered only actions against educational institutions. . . . Accordingly, the separate liability of the supervisory officials must be established, if at all, under section 1983, rather than under Title IX.\"); Clay v. Board of Trustees of Neosho County Community College, 905 F. Supp. 1488, 1495-96 (D.Kan. 1995); Doe v. Methacton Sch. Dist., 1995 549089, at *2 (E.D.Pa. Sept. 12, 1995) (opinion by Magistrate Judge Powers); Leija v. Canutillo Sch. Dist., 887 F. Supp. 947, 952 (W.D.Texas 1995); Aurelia D. v. *636 Monroe County Bd. of Educ., 862 F. Supp. 363, 367 (M.D.Ga. 1994); Bowers v. Baylor, 862 F. Supp. 142, 145-46 (W.D.Texas 1994); Seamons v. Snow, 864 F. Supp. 1111, 1116 (D.Utah 1994); Doe v. Petaluma, 830 F. Supp. 1560, 1576-77 (N.D.Cal. 1993); Bougher v. University of Pittsburgh, 713 F. Supp. 139, 143 (W.D.Pa.), aff'd on other grounds, 882 F.2d 74 (3d Cir. 1989); Bagley v. Hoopes, 1985 17643, at *5 (D.Mass. Aug. 6, 1985). 636 In Petaluma, a junior high school student brought an action against the school district, a school counsellor, and the principal, alleging that all of the defendants failed to stop the sexual harassment of the student by her peers. Petaluma, 830 F. Supp. at 1564-65. The court held that there is no cause of action against individuals under Title and, therefore, dismissed plaintiff's Title claims as to the school counsellor and the principal. Id. at 1576-77. The court in Petaluma reasoned that \"[s]ince the Act prohibits discrimination against beneficiaries in programs and activities that receive federal financial assistance, . . . it is the educational institution that must be sued for violations of Title IX.\" Id. The court further asserted that the \"fact that administrative enforcement is directed at the institution that receives federal funds suggests that the private right of action is similarly confined to actions against the institution.\" Id. at 1577. 4 4 The Petaluma court noted that the plaintiff did not oppose defendants' argument that there could be no action against individuals under Title IX. Id. at 1576. The court also looked to recent legislation to find more validation of its position. In 1986, Congress passed 42 U.S.C. \u00a7 2000d-7, which provided that remedies under Title are available against a state \"to the same extent as such remedies are available for such a violation in the suit against any public 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 5/11 or private entity other than the state.\" 42 U.S.C. \u00a7 2000-7(a)(2). The court inferred that \"the 1986 Amendment is consistent with the conclusion that there is no private right of action against individuals, since only remedies against `public or private entit[ies]' are mentioned.\" Petaluma, 830 F. Supp. at 1577. The Petaluma court also drew an analogy between Title and Title VII, 42 U.S.C. \u00a7 2000e to 2000e-17, and the Age Discrimination in Employment Act (\"ADEA\"), 29 U.S.C. \u00a7 621-634. Because Title and the attack evils \"so intimately related to Title IX's history and the evils it attacks that it would make little sense to interpret Title to permit individual liability absent clear direction from Congress.\" Id. Petaluma appears to be the only decision in which a court finding no individual liability under Title engaged in a lengthy analysis of the issue. Nonetheless, as noted above, the great majority of cases presented with a Title cause of action against an individual have found, albeit in a conclusory fashion, no such liability. 5 5 In 1993, the Ninth Circuit held that individuals could not be held liable under Title or the ADEA. Miller v. Maxwell's Int'l, Inc., 991 F.2d 583, 587- 88 (9th Cir. 1993). As noted earlier, the Third Circuit Court of Appeals recently adopted that position as well, ruling that Title does not support a cause of action against individuals. Sheridan, 1996 36283, at *12-13. Two district court opinions, cited by plaintiff, seem to allow a Title cause of action against individuals. See Mennone v. Gordon, 889 F. Supp. 53, 56-57 (D.Conn. 1995); Mann v. University of Cincinnati, 864 F. Supp. 44, 47 (S.D.Ohio 1994). The Mann court, however, did not allow a Title cause of action to proceed against an individual in his personal, or individual, capacity. Instead, the *637 court allowed a Title claim against an individual in his official capacity. 6 637 7 6 Plaintiff cites Pfeiffer v. Marion Center Area Sch. Dist., 917 F.2d 779 (3d Cir. 1990), in support of her assertion that Title does authorize a cause of action against individuals. Pfeiffer, however, held only that Title allowed an award of damages. Id. at 787-88. Prior to the Supreme Court ruling in Franklin, 503 U.S. 60, 112 S.Ct. 1028, discussed earlier, some courts of appeals determined that Title victims could seek only declaratory or injunctive relief, and others, like the Third Circuit, approved of damages 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 6/11 Kentucky v. Graham, 473 U.S. 159, 165-66, 105 S.Ct. 3099, 3104, 87 L.Ed.2d 114 (1985) (discussing official and personal capacity in terms of a 42 U.S.C. \u00a7 1983 action) (citations omitted). Suit against an individual in his official capacity is really a suit against the entity in receipt of federal funds, thus the Mann decision cannot be read to allow Title suits against individuals. awards. The Franklin decision confirmed the latter view. Certainly some of the defendants in Pfeiffer were individuals, and, as plaintiff notes, the court declined to dismiss them from the action when it remanded the case to the district court. The issue of individual liability, however, was not squarely before the court then, and has not been since. Thus, Pfeiffer is not instructive. 7 In Mann, the court explicitly stated that \"the Plaintiff's suit is properly brought under Title against the University and against Mr. Monast and Mr. Clemens [the individual defendants] in their official capacity.\" Mann, 864 F. Supp. at 47. The distinction between suit against an individual in his personal capacity and suit against an individual in his official capacity is not without significance. The Supreme Court has noted: Official capacity suits . . . `generally represent only another way of pleading an action against an entity of which an officer is an agent.' . . . As long as the government entity receives notice and an opportunity to respond, an official capacity suit is, in all respects other than name, to be treated as a suit against the entity. . . . It is not a suit against the official personally, for the real party in interest is the entity. 8 8 The court assumes, absent any contrary indication in plaintiff's pleadings, that she is asserting claims against Downing in his personal or individual capacity. Neither the caption nor any of plaintiff's pleadings suggest that she is suing Downing in his official capacity. In fact, Downing characterized plaintiff's claims against Downing as one that \"seeks injunctive and monetary relief against Lee Downing in his individual or personal capacity.\" (Def.'s Mot. to Dismiss Pl.'s Compl. at 3, \u00b6 7.) Plaintiff has not contested this characterization. 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 7/11 Id. (emphasis added). Here, however, Temple University is the operator of the education program; Downing was simply an employee, not an operator of the educational program. See Clay, 905 F. Supp. at 1494 (\"Title actions may only be brought against an educational institution, not an individual acting as an administrator or employee for the institution.\"). The Mennone decision thus represents the only finding of a cause of action against individuals under Title IX. Adopting the reasoning of Mennone, plaintiff argues that the regulations promulgated under Title favor imposing liability on individuals such as Downing. In particular, plaintiff refers to 34 C.F.R. \u00a7 106.2 which provides that a \"recipient of federal funds\" includes any State or political subdivision thereof, or any instrumentality of a State or political subdivision thereof, any public or private agency, institution, or organization, or other entity, or any person, to whom Federal financial assistance is extended directly or through another recipient and which operates an education program or activity which receives or benefits from such assistance including any subunit, successor, assignee, or transferee thereof. Other indications favor this narrow reading of \"recipient\" over that adopted by the Mennone court and that which plaintiff would have the court adopt. Provisions from the same part of the Code of Federal Regulations suggest that \"recipient\" is limited to educational institutions or the owner or operator of a education program or activity, and should not extend to employees of such programs or activities. For instance, 34 C.F.R. \u00a7 106.8 requires each recipient to 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 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. 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 8/11 Id. Such a regulation clearly does not indicate an understanding that \"recipient\" was to include employees of a federally funded educational institution. In addition, other regulations discuss the recipient's obligations in publishing policies, admitting students to its program, hiring employees, running athletic programs, offering counselling, and other activities *638 which an individual employee could not be expected to perform or meet. The full body of regulations promulgated under Title IX, found at 28 C.F.R. pt. 106, suggests that the \"person\" language cited by the Mennone court and by plaintiff likely refers to an owner or operator of an independent education program or activity, rather than individual employees of the operator of an education program or activity. But see Bustos v. Illinois Inst. of Cosmetology, 1994 710830, at *2 (N.D.Ill. Dec. 15, 1994) (finding no individual liability under Title against the president, principal owner, and instructor of the education program who allegedly harassed students). 638 9 9 Other courts have adopted the narrower version of \"recipient.\" Most decisions have read Title IX's language to preclude a cause of action against individuals precisely because they are not recipients of federal funds within the meaning of Title and its implementing regulations. See, e.g., Petaluma, 830 F. Supp. at 1576 (\"Since the Act prohibits discrimination against beneficiaries in programs and activities that receive federal financial assistance, . . . it is the educational institution that must be sued for violations of Title IX.\"); Methacton, 1995 549089, at *1 (\"Giano and DiFonzo were not the recipient[s] of federal funds and, therefore, Title claims cannot be maintained against them.\"); see also Snow, 864 F. Supp. at 1116 (\"[The private damages] remedy is available only when suit is brought against an `education program or activity receiving federal financial assistance.'\"). This court is persuaded by the reasoning in Petaluma and the absence of any clear authority suggesting that plaintiff can maintain a Title cause of action against an individual. Plaintiff's Title claims against Downing will be dismissed. III. The Remaining State Law Claims Downing also asked the court to dismiss plaintiff's state law claims against him under Fed.R.Civ.P. 12(b)(1) and 28 U.S.C. \u00a7 1367(c)(3). Downing asserted that if plaintiff's only federal claim against him were dismissed, the 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 9/11 court could, in its discretion under 28 U.S.C. \u00a7 1367(c)(3), dismiss plaintiff's state law claims against Downing. Section 1367(c)(3) provides that a court may decline to exercise supplemental jurisdiction where all claims over which it has original jurisdiction have been dismissed. All such claims have not, however, been dismissed. Although the only federal claims against Downing have been dismissed, the court clearly retains jurisdiction over them by virtue of their relationship to the claims against Temple University, the other defendant named by plaintiff. Plaintiff's Title and Title claims against Temple remain before this court under its original jurisdiction. 28 U.S.C. \u00a7 1331. Section 1367(a) provides that the \"district courts shall have supplemental jurisdiction over all such other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article of the United States Constitution.\" Here, Temple University's crossclaim against Downing arises from the same facts involved in the Title and Title claims; the claims form part of \"the same case or controversy.\" Section 1367(c) provides that the district court may, in its discretion, decline to exercise supplemental jurisdiction in certain circumstances. 28 U.S.C. \u00a7 1367(c); see also Borough of West Mifflin v. Lancaster, 45 F.3d 780, 788 (3d Cir. 1995) (\"Section 1367(c) was intended simply to codify those instances in which a district court is authorized to decline to hear a state law claim it would have the power to hear because of its relationship to an original federal jurisdiction claim.\"); Palmer v. Hospital Auth. of Randolph County, 22 F.3d 1559, 1569 (11th Cir. 1994) (\"[S]upplemental jurisdiction must be exercised in the absence of any of the four factors of section 1367(c).\"). As defendant notes, the only possibly relevant factor is dismissal of all claims over which it has jurisdiction. 28 U.S.C. \u00a7 1367(c)(3). Because claims over which the court has original jurisdiction \u2014 Title and Title \u2014 remain in the case, however, the court will retain supplemental jurisdiction over plaintiff's related state law claims against Downing. *639 639 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 10/11 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. 2/13/25, 10:00 Nelson v. Temple University, 920 F. Supp. 633 | Casetext Search + Citator 11/11", "9021_102.pdf": "Case Law ( Nelson v. Temple University Decision Date 14 February 1996 Docket Number Civ. A. No. 95-5141. Citation 920 F. Supp. 633 Parties Traci v and Lee Downing. Court U.S. District Court \u2014 Eastern District of Pennsylvania Your World of Legal Intelligence (/) United States | 1-800-335-6202 Document Cited authorities 30 Cited in 58 Precedent Map Related 920 F. Supp. 633 Traci v and Lee Downing. Civ. A. No. 95-5141. United States District Court, E.D. Pennsylvania. February 14, 1996. Edmond A. Tiryak, Philadelphia, PA, Lisa M. Rau, Kairys, Rudovsky, Kalman & Epstein, Philadelphia, PA, for plaintiffs T. Doe, Traci B. Nelson. John B. Langel, David S. Fryman, Kelly A. Walenda, Ballard, Spahr, Andrews and Ingersoll, Philadelphia, PA, for defendant Temple University. David J. Gaier, Dessen, Moses & Sheinoff, Philadelphia, Jonathan D. Herbst, Kean K. McDonald, Pamela Tobin, LaBrum & Doak, Philadelphia, PA, for defendant Lee Downing YOHN, District Judge. Currently before the court is defendant Lee Downing's motion to dismiss plaintiff's claims against him.1 Specifically, Downing argues that plaintiff's Title claim against him should be dismissed because Title does not provide for a cause of action against individuals. Defendant then asks that the court exercise its discretion under 28 U.S.C. \u00a7 1367 ( and dismiss plaintiff's remaining state law claims against him. Plaintiff asserts that, in fact, Title does 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 authorize causes of action against individuals, and, even if it does not, the state law claims against Downing should remain before this court. Downing's motion to dismiss plaintiff's Title claims against him will be granted. The court, however, will continue to exercise its supplemental jurisdiction over plaintiff's remaining state law claims against Downing. I. Background: Because the court is considering a motion to dismiss,2 plaintiff's version of the underlying facts as set forth in her complaint will be accepted as true. Plaintiff is a twenty-eight year old female student who has attended Temple University's Ambler campus since September 1993. (Am.Compl. \u00b6 7.) Plaintiff was also an employee at the Student Activities Office of the Ambler campus from September 1994 to December 1994. (Id.) Defendant Downing was an administrative level employee in charge of student organizations and activities at the Ambler campus, and he was also responsible for the Student Activities Office where plaintiff was employed. (Id. \u00b6 11.) Plaintiff's complaint alleges that Downing subjected her to repeated and unwelcome sexual harassment and sexual assault from early September 1993 and continuing through the filing of her administrative complaint with the University's Office of Affirmative Action on September 22, 1994. (Id. \u00b6 14.) Thereafter, plaintiff met with the Dean and an Assistant Dean of the Ambler campus to discuss the alleged harassment. (Am.Compl. \u00b6 17-20.) The Office of Affirmative Action embarked upon an investigation of the allegations and, in February 1995, determined that there was a basis for believing that a violation of the University's sexual harassment policy had occurred. (Id. \u00b6 27(f).) At that time, the University apparently suspended Downing. (Id. \u00b6 28.) On June 5, 1995, plaintiff received a letter from the Office of Affirmative action which concluded that the actions of Downing \"as alleged, constitute a violation of the policy on sexual harassment.\" (Id. \u00b6 27(g).) After filing the formal administrative complaint, Downing allegedly retaliated against plaintiff by adversely treating her and the student organization she managed, by defaming plaintiff, by attempting to organize students to impeach her as the general manager of a student organization, and by filing a civil complaint against plaintiff in the Court of Common Pleas of Philadelphia County. (Id. \u00b6 21-26.) Plaintiff filed sexual harassment and retaliation complaints with the Pennsylvania Human Relations Commission and the Equal Employment Opportunity Commission; she received right to sue letters from each agency. (Id. \u00b6 29-30.) Plaintiff filed this action against Downing and Temple University on August 10, 1995, asserting violations of, and seeking damages under, Title and various state law claims. II. The Title Claims: For purposes of the motion currently before the court, none of the material facts are in dispute; the sole issue under consideration is whether Title supports a cause of action against individuals.3 brief review of the history of litigation under Title reveals that the issue has not yet been settled. In 1979, the Supreme Court determined that Title is enforceable through an implied private right of action. Cannon v. University of Chicago, 441 U.S. 677, 689, 99 S.Ct. 1946, 1953, 60 L.Ed.2d 560 (1979) ( In 1992, the Supreme Court settled a divide among the courts of appeals by finding that the implied right of action supports a claim for monetary damages. Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60, 75, 112 S.Ct. 1028, 1037-38, 117 L.Ed.2d 208 (1992) ( (adopting the stance of the Third Circuit Court of Appeals in Pfeiffer v. Marion Ctr. Area Sch. Dist., 917 F.2d 779 (3d Cir.1990)). In Cannon ( and Gwinnett ( however, the Court did not indicate whether individuals were among those against whom the implied cause of action could be brought 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 majority of the few cases explicitly addressing the issue have concluded that Title does not authorize a cause of action against individuals. See Lipsett v. University of Puerto Rico, 864 F.2d 881, 901 (1st Cir.1988) ( (\"In implying a cause of action under Title IX, the Supreme Court has considered only actions against educational institutions.... Accordingly, the separate liability of the supervisory officials must be established, if at all, under section 1983 ( rather than under Title IX.\"); Clay v. Board of Trustees of Neosho County Community College, 905 F.Supp. 1488, 1495-96 (D.Kan.1995) ( Doe v. Methacton Sch. Dist., 1995 549089, at *2 (E.D.Pa. Sept. 12, 1995) (opinion by Magistrate Judge Powers); Leija v. Canutillo Sch. Dist., 887 F.Supp. 947, 952 (W.D.Texas 1995) ( Aurelia D. v. Monroe County Bd. of Educ., 862 F.Supp. 363, 367 (M.D.Ga.1994) ( law.vlex.com/vid/aurelia-d-v-monroe-889559580); Bowers v. Baylor, 862 F.Supp. 142, 145-46 (W.D.Texas 1994) ( Seamons v. Snow, 864 F.Supp. 1111, 1116 (D.Utah 1994) ( Doe v. Petaluma, 830 F.Supp. 1560, 1576-77 (N.D.Cal.1993) ( 891754201); Bougher v. University of Pittsburgh, 713 F.Supp. 139, 143 (W.D.Pa.) ( law.vlex.com/vid/bougher-v-university-of-885366344), aff'd on other grounds, 882 F.2d 74 (3d Cir.1989) ( Bagley v. Hoopes, 1985 17643, at *5 (D.Mass. Aug. 6, 1985). In Petaluma ( a junior high school student brought an action against the school district, a school counsellor, and the principal, alleging that all of the defendants failed to stop the sexual harassment of the student by her peers. Petaluma, 830 F.Supp. at 1564-65 ( The court held that there is no cause of action against individuals under Title and, therefore, dismissed plaintiff's Title claims as to the school counsellor and the principal.4 Id. at 1576-77 ( city-891754201). The court in Petaluma ( reasoned that \"since the Act prohibits discrimination against beneficiaries in programs and activities that receive federal financial assistance, ... it is the educational institution that must be sued for violations of Title IX.\" Id. ( The court further asserted that the \"fact that administrative enforcement is directed at the institution that receives federal funds suggests that the private right of action is similarly confined to actions against the institution.\" Id. at 1577 ( The court also looked to recent legislation to find more validation of its position. In 1986, Congress passed 42 U.S.C. \u00a7 2000d-7 ( which provided that remedies under Title are available against a state \"to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than the state.\" 42 U.S.C. \u00a7 2000-7(a)(2). The court inferred that \"the 1986 Amendment is consistent with the conclusion that there is no private right of action against individuals, since only remedies against `public or private entities' are mentioned.\" Petaluma, 830 F.Supp. at 1577 ( city-891754201). The Petaluma ( court also drew an analogy between Title and Title VII, 42 U.S.C. \u00a7\u00a7 2000e to 2000e-17 ( 945060306), and the Age Discrimination in Employment Act (\"ADEA\"), 29 U.S.C. \u00a7\u00a7 621-634. Because Title and the attack evils \"so intimately related to Title IX's history and the evils it attacks that it would make little sense to interpret Title to permit individual liability absent clear direction from Congress.\" Id.5 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 Petaluma ( appears to be the only decision in which a court finding no individual liability under Title engaged in a lengthy analysis of the issue. Nonetheless, as noted above, the great majority of cases presented with a Title cause of action against an individual have found, albeit in a conclusory fashion, no such liability. Two district court opinions, cited by plaintiff, seem to allow a Title cause of action against individuals. See Mennone v. Gordon, 889 F.Supp. 53, 56-57 (D.Conn.1995) ( gordon-no-885193218); Mann v. University of Cincinnati, 864 F.Supp. 44, 47 (S.D.Ohio 1994) ( law.vlex.com/vid/mann-v-university-of-890803958).6 The Mann ( university-of-890803958) court, however, did not allow a Title cause of action to proceed against an individual in his personal, or individual, capacity. Instead, the court allowed a Title claim against an individual in his official capacity.7 The distinction between suit against an individual in his personal capacity and suit against an individual in his official capacity is not without significance. The Supreme Court has noted: Official capacity suits ... `generally represent only another way of pleading an action against an entity of which an officer is an agent.' ... As long as the government entity receives notice and an opportunity to respond, an official capacity suit is, in all respects other than name, to be treated as a suit against the entity.... It is not a suit against the official personally, for the real party in interest is the entity. Kentucky v. Graham, 473 U.S. 159, 165-66, 105 S.Ct. 3099, 3104, 87 L.Ed.2d 114 (1985) ( law.vlex.com/vid/kentucky-v-graham-no-886427616) (discussing official and personal capacity in terms of a 42 U.S.C. \u00a7 1983 ( action) (citations omitted). Suit against an individual in his official capacity is really a suit against the entity in 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 40 cases Search in 40 citing cases \uf014 Niles v. Nelson ( United States U.S. District Court \u2014 Northern District of New York October 25, 1999 ...586, 588 n. 3 (E.D.N.Y.1998); Burrow v. Postville Community Sch. Dist., 929 F.Supp. 1193, 1207 (N.D.Iowa 1996); Nelson v. Temple Univ., 920 F.Supp. 633, 636-37 (E.D.Pa. 1996); Pallett v. Palma, 914 F.Supp. 1018, 1025 (S.D.N.Y.1996), rev'd on other grounds, 119 F.3d 80 (2d Cir.1997); Torres ...... Smith v. Metropolitan School Dist. Perry Tp. ( school-894342687) United States U.S. Court of Appeals \u2014 Seventh Circuit December 16, 1997 ...or activity receiving Federal financial assistance,' not individuals.\") (quoting Lillard, 76 F.3d at 730); Nelson v. Temple University, 920 F.Supp. 633, 638 (E.D.Pa.1996) (holding that a plaintiff cannot maintain a Title cause of action against an individual); Clay v. Board of Trustees o...... Winter v. Pa. State Univ. ( United States U.S. District Court \u2014 Middle District of Pennsylvania March 22, 2016 ...2014 4914186, at *11 (M.D.Pa. Sept. 30, 2014) (holding that Title does not impose individual liability); Nelson v. Temple Univ. , 920 F.Supp. 633, 635 (E.D.Pa.1996) (concluding that \u201c[a] majority of the few cases explicitly addressing the issue have concluded that Title does not au...... Schultzen v. Woodbury Central Community School ( woodbury-central-889423013) United States U.S. District Court \u2014 Northern District of Iowa February 22, 2002 ...1119, 1125 (N.D.Ohio 1998); Buckley v. Archdiocese of Rockville Centre, 992 F.Supp. 586, 588 n. 3 (E.D.N.Y.1998); Nelson v. Temple Univ., 920 F.Supp. 633, 636-37 (E.D.Pa.1996) 2000; Pallett v. Palma, 914 F.Supp. 1018, 1025 (S.D.N.Y. 1996), rev'd on other grounds, 119 F.3d 80 (2d Cir.1997); ...... 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 2 books & journal articles Search in 2 citing books & journal articles \uf014 Athletics and title of the 1972 education amendments ( books.vlex.com/vid/athletics-and-title-ix-951151925) United States Georgetown Journal of Gender and the Law No. XXIV-2, January 2023 January 1, 2023 ...1983, rather than under Title IX.\u201d), superseded by statute on other grounds , 42 U.S.C. \u00a7\u00a7 1981, 1988, 2000; Nelson v. Temple Univ., 920 F. Supp. 633, 638 (E.D. Pa. 1996) (holding that individuals acting in their personal capacities cannot be held personally liable because they are not reci...... Athletics & title of the 1972 education amendments ( books.vlex.com/vid/athletics-title-ix-of-951129667) United States Georgetown Journal of Gender and the Law No. XXIII-2, January 2022 January 1, 2022 ...1983, rather than under Title IX.\u201d), superseded by statute on other grounds , 42 U.S.C. \u00a7\u00a7 1981, 1988, 2000; Nelson v. Temple Univ., 920 F. Supp. 633, 638 (E.D. Pa. 1996) (holding that individuals acting in their personal capacities cannot be held personally liable because they are not reci 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"} |
8,952 | Dashiel Buntjer | Stanislaus State University | [
"8952_101.pdf",
"8952_102.pdf"
] | {"8952_101.pdf": "The California State University system continues to wrestle with additional revelations of Title complaints following former chancellor Joseph Castro\u2019s resignation this year More sexual misconduct cases emerge at Fresno State The California State University system continues to wrestle with additional revelations of Title complaints following former chancellor Joseph Castro\u2019s resignation this year 3, 2022 \u00b7 \ue92e3 \ue917 \ue93f \ue940 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 1/6 Education trade publication EdSource published case summaries of 54 employees that were named in sexual harassment reports from 2017 to 2021. That included three Fresno State employees which resulted in one termination. On May 31, 2018, gardening specialist Theodore Woods was reported in a complaint for incidents ranging from 2016 to 2018. Woods was accused of sexual harassment, as well as the unwelcome conduct of sexual nature including inappropriate comments, asking personal questions and holdings hands and not letting go. Fresno State suspended Woods for 10 days and required him to take three sessions, online and in-person Title training and mandated that he stay away from the complainant. International Admissions and Recruitment Coordinator Danny Wan was the subject of a report on Feb. 19, 2019, for an incident that occurred one week earlier. Wan was accused of sexual harassment and an intimidating and hostile work environment by spreading rumors about the complainant\u2019s personal life. Fresno State issued Wan a written reprimand. Former assistant wrestling coach Israel Silva was the subject of a report on Jan. 24, 2020, for incidents that occurred between September 2018 and December 2019. Silva was accussed of sexual harassment, inappropriately encouraging and allowing student-athletes to engage in inappropriate behavior and failing to report it. He was also accused of engaging in inappropriate physical and verbal conduct of a sexual nature. Silva was fired in July 2020. 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 2/6 While the case summary does not explicitly detail the allegations against Silva, the Fresno State wrestling program faced an investigation two years ago for a stripper that danced at a party that involved potential recruits visiting the university. Fresno State eventually axed the popular wrestling program \u2013 along with men\u2019s tennis and lacrosse \u2013 in October 2020 in an effort to sustain the financial viability of the university\u2019s athletics programs. Along with Fresno State, Stanislaus State also had three reported Title incidents in recent years. Heavy equipment operator and bus driver Larry Stone was accused of making multiple inappropriate comments that constituted sexual harassment in January 2019. Stone underwent counseling on appropriate behavior and workplace policies and behaviors. Athletic trainer Dashiel Buntjer was accused of engaging in unwelcome conduct of a sexual nature, which was found to have created a hostile environment between June 2019 and February 2020. Stanislaus State did not renew Buntjer\u2019s contract when it was up for renewal. Maggie McCloud, a disability services for students advisor, was found responsibile for sexual misconduct, not sexual harassment. Stanislaus State found that she enganged in sexual activity without the complainant\u2019s affirmative consent. McCloud left the university prior to the conclusion of the investigation. 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 3/6 Bakersfield claimed to not have any cases involving sexual misconduct or discrimination from 2017-2021. The focus on sexual harassment and Title cases within the system blew up after details involving former Fresno State Vice President of Student Affairs Frank Lamas were revealed about many sexual harassment complaints made against him during his tenure. Just a few weeks after the report, Castro \u2013 who served as the Fresno State president from 2013-2021 \u2013 stepped down just 13 months into the job. The California Legislature approved an independent state audit into the system to take place in the coming months. \ue949Share \ue94cTweet \uf0d2 Author Daniel Gligich Daniel Gligich is senior editor of The San Joaquin Valley Sun. Email him at daniel.gligich@sjvsun.com. 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 4/6 Related Posts Fresno County announces two more coronavirus-related deaths Fresno County announced 18 more positive cases of coronavirus on Friday, bringing the total to 191 Fresno City Council Member Steve Brandau will pitch Veterans Boulevard in D.C. for funds to complete the project Fresno Council of Governments will present a wish list to the Trump Administration this week for big infrastructure and economic development projects in dire need of funding 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 5/6 \u00a9 2019 - 2025 The San Joaquin Valley Sun, a project of Valley Future Foundation, Inc. With his practice closed, Fresno dentist begins producing coronavirus test swabs While his practice is on pause, a Fresno dentist is finding a way to give some much-needed aid to combat the coronavirus pandemic Newsom drops into Fresno just days before recall \u2013 with barbs for Elder, Nunes Just five days ahead of the recall election, Gov. Gavin Newsom swung through Fresno to drum up support among local labor union advocates in an effort to remain in office 2/13/25, 10:01 More sexual misconduct cases emerge at Fresno State 6/6", "8952_102.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 2/13/25, 10:01 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. 2/13/25, 10:01 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 2/13/25, 10:01 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. 2/13/25, 10:01 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. 2/13/25, 10:01 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 2/13/25, 10:01 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 EdSource@edsource.org 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 * * 2/13/25, 10:01 New batch of records shows professors disciplined for sexual harassment | EdSource 7/7"} |
8,584 | Todd Kashdan | George Mason University | [
"8584_101.pdf",
"8584_102.pdf",
"8584_103.pdf"
] | {"8584_101.pdf": "CHURCH, Va prominent George Mason University professor who studies the link between happiness and human sexuality is suing the school, saying he was wrongly punished for frank sexual discussions with students that prompted complaints. Psychology professor Todd Kashdan filed the lawsuit in 2019 judge in U.S. District court in Alexandria dismissed the suit last month, but Kashdan is appealing to the 4th U.S. Circuit Court of Appeals in Richmond. Kashdan acknowledged in the lawsuit that he spoke about his own personal exploits in class, describing his sexual encounter with a woman who insisted that others watch the sex act. He also admitted inviting his grad students to his home for a party in which they all sat in a hot tub while he described his experiences in a German brothel. Kashdan, though, maintains that such talk was entirely appropriate for a teacher whose topics include human sexuality. The public sex act, he said, was an example of exhibitionism and \u201cfit into Plaintiff\u2019s pedagogical approach of utilizing examples, stories, case studies, and interesting scientific research so that students better understand and remember what they are being taught,\u201d Kashdan\u2019s lawyers said in the lawsuit. The hot tub party, he said, should be viewed no differently than a swimming pool. Kashdan was named George Mason\u2019s Faculty of the Year winner in 2010, and his research on a variety of topics has received significant publicity. In 2017, he was featured in a variety of popular media after conducting a study of 152 undergraduates that found, perhaps unsurprisingly, a link between sexual activity and happiness. Kashdan did not return a call or email seeking comment. George Mason professor sues after sanctions for sex talk Published 4:49 CST, May 1, 2020 Live updates: Trump tariffs \u2018Saturday Night Live\u2019 California storm Danielle Sassoon Harry S. Tru 2/13/25, 10:06 George Mason professor sues after sanctions for sex talk News 1/3 Last year, Kashdan\u2019s Well-being Laboratory at George Mason received $1.1 million in funding from the libertarian Charles Koch Foundation to \u201cstudy ways to improve open-minded discourse in a polarized society,\u201d the university said in a news release. George Mason receives tens of millions of dollars annually from the foundation, more than any school in the U.S., and critics have alleged that money influences what is taught at the school. Samantha Parsons, a former student and a spokeswoman for UnKoch My Campus, said Kashdan\u2019s work fits into the Koch rubric in two significant ways. First, she said \u201cwell-being initiatives\u201d like the one for which Kashdan has worked at are a favorite project of the Koch machine. Often, these programs link well-being with economic freedom, she said, which fits into Koch\u2019s libertarian agenda. Another favorite policy point for Koch is free speech and civic discourse, like the $1.1 million provided by the foundation to Kashdan\u2019s lab last year. She said the Koch Foundation and other conservatives are primarily concerned about left-wing protesters who disrupt speeches from right-wing provocateurs. The Koch free-speech movement, she said, \u201cis focused on punishing college students who stand up to hate speech,\u201d Parsons said. Kashdan never lost his teaching position at the university, where he holds full tenure, but after multiple students complained, Kashdan said he was required to undergo sexual harassment training, denied a pay raise and restricted in his ability to supervise grad students. In his lawsuit, Kashdan said those punishments hampered his teaching and inhibited his free speech. U.S. District Judge Liam O\u2019Grady dismissed Kashdan\u2019s lawsuit on April 23. He also rejected Kashdan\u2019s request to proceed anonymously, which forced Kashdan to identify himself publicly in his subsequent appeal. O\u2019Grady said Kashdan\u2019s free-speech rights do not prevent his employer from sanctioning him. The judge also ruled that the sanctions imposed on Kashdan were not so severe as to require a remedy from the courts university spokesman, Michael Sandler, said the dismissal \u201cconfirms that the university handled this matter in accordance with the law.\u201d In court papers the school\u2019s lawyers argued Kashdan admitted to the misconduct for which he was sanctioned. Kashdan \u201cadmits that he ... shared stories with graduate students about his personal sexual experiences, asked a graduate student about her pornography preferences, visited a strip club with students, and spent time in a hot tub with students talking about his experience at a brothel. The outcome of the investigation cannot be \u2018erroneous\u2019 when the Plaintiff admits that the key underlying factual findings are correct,\u201d the school\u2019s lawyers wrote. 2/13/25, 10:06 George Mason professor sues after sanctions for sex talk News 2/3 White House says it has the right to punish reporters over Gulf naming dispute is in disarray after the announces that its security priorities lie elsewhere Judge removes key legal hurdle for Trump\u2019s plan to trim federal workforce with deferred resignations Elon Musk calls for the to \u2018delete entire agencies\u2019 from the federal government Trump\u2019s pick for education chief sketches a roadmap for dismantling the department 1 2 3 4 5 2/13/25, 10:06 George Mason professor sues after sanctions for sex talk News 3/3", "8584_102.pdf": "Todd Kashdan v. George Mason University, No. 20-1509 (4th Cir. 2023) Read more Justia Opinion Summary Want to stay in the know about new opinions from the Fourth Circuit Court of Appeals? Sign up for free summaries delivered directly to your inbox. Learn More \u203a Plaintiff, a tenured psychology professor at George Mason University (GMU), appealed the district court\u2019s dismissal of his Title IX, procedural due process, and First Amendment claims against and other defendants sued after he was disciplined for creating a hostile educational environment that amounted to sexual harassment. The Fourth Circuit affirmed. The court explained that the district court correctly dismissed Plaintiff\u2019s erroneous-outcome claim. Such a claim requires a plaintiff to plausibly allege that (1) he was subjected to a procedurally flawed or otherwise flawed proceeding; (2) which led to an adverse and erroneous outcome; and (3) involved particular circumstances that suggest \u2018gender bias was a motivating factor behind the erroneous finding. Here, Plaintiff does not connect these generalized pressures to his case in a way that creates a reasonable inference that anti-male bias-motivated GMU\u2019s finding that he sexually harassed his students. Thus, as the district court explained, Plaintiff \u201chas provided no basis from which to infer the existence of bias in his specific proceeding.\u201d Further, Plaintiff\u2019s \u201callegations of selective enforcement are not supported by any well-pled facts that exist independent of his legal conclusions.\u201d Finally, the court explained that while Plaintiff\u2019s research, publishing, and teaching about sex may qualify as matters of public concern, his contested speech veered well outside his teaching and scholarship into areas of private, personal interest. 2/13/25, 10:07 Todd Kashdan v. George Mason University, No. 20-1509 (4th Cir. 2023) :: Justia 1/4 Download 2/13/25, 10:07 Todd Kashdan v. George Mason University, No. 20-1509 (4th Cir. 2023) :: Justia 2/4 2/13/25, 10:07 Todd Kashdan v. George Mason University, No. 20-1509 (4th Cir. 2023) :: Justia 3/4 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. 2/13/25, 10:07 Todd Kashdan v. George Mason University, No. 20-1509 (4th Cir. 2023) :: Justia 4/4", "8584_103.pdf": "4TH v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) United States Court of Appeals, Fourth Circuit. Todd KASHDAN, f/k/a/ John Doe, Plaintiff \u2013 Appellant, v UNIVERSITY; Rector and Board of Visitors of George Mason University; Jennifer Renee Hammat, in her official and individual capacity; Julian Robert Williams, in his official and individual capacity; Keith David Renshaw, in his official and individual capacity; Ann Louise Ardis, in her official and individual capacity; Szuyung David Dwu, in his official and individual capacity, Defendants \u2013 Appellees. Foundation for Individual Rights in Education, Amicus Supporting Appellant. No. 20-1509 Decided: June 13, 2023 Before NIEMEYER, AGEE, and RUSHING, Circuit Judges. ARGUED: Kara L. Gorycki & MILTENBERG, LLP, New York, New York, for Appellant. Andrew Nathan Ferguson VIRGINIA, Richmond, Virginia, for Appellees BRIEF: Andrew T. Miltenberg & MILTENBERG, LLP, New York, New York, for Appellant. Mark R. Herring, Attorney General, Keonna Carter Austin, Deputy Attorney General, Eli Samuel Schlam, Assistant Attorney General, Toby J. Heytens, Solicitor General, Martine E. Cicconi, Deputy Solicitor General, Michelle S. Kallen, Deputy Solicitor General, Jessica Merry Samuels, Assistant Solicitor General, Kendall T. Burchard, John Marshall Fellow \uf002 / / / / Find a Lawyer Legal Forms & Services \uf107 Learn About the Law \uf107 Legal Professionals \uf107 Blogs 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 1/13 VIRGINIA, Richmond, Virginia, for Appellees. Marieke Tuthill Beck-Coon (FIRE), Philadelphia, Pennsylvania; Earl N. \u201cTrey\u201d Mayfield DAY, PLLC, Fairfax, Virginia, for Amicus Curiae. Todd Kashdan, a tenured psychology professor at George Mason University (GMU), appeals the district court's dismissal of his Title IX, procedural due process, and First Amendment claims against GMU, Jennifer Renee Hammat, Julian Robert Williams, Keith David Renshaw, Ann Louise Ardis, and Szuyung David Dwu. Kashdan sued after he was disciplined for creating a hostile educational environment that amounted to sexual harassment. The district court dismissed Kashdan's complaint with prejudice for failure to state a claim, and we now affirm. I. Kashdan has been a psychology professor at for over fifteen years and primarily studies sex, human sexuality, and cultural norms. In December 2018, four current and former female graduate students accused Kashdan of sexually harassing them. In essence, the complainants alleged that during two graduate courses and in interpersonal interactions in his laboratory, at professional conferences, and at student events hosted in his home, Kashdan told them explicit stories about his personal sexual experiences, as well as made explicit remarks and asked intimate questions about their sex lives. One complainant also recounted that Kashdan went to a strip club with her and other graduate students, and another complainant alleged Kashdan hugged her in a manner she believed was inappropriate. From the complainants' perspectives, Kashdan provided educational, research, and other opportunities to graduate students based on favoritism, and having sexually explicit conversations with Kashdan was a prerequisite to getting on his good side. They claimed that Kashdan's conduct made it more difficult to pursue their educations investigated the allegations. Investigators interviewed more than twelve witnesses, including Kashdan (who they interviewed three times). For his defense, Kashdan submitted a witness list and more than 150 pages of documentation. Although he admitted many of the factual allegations, Kashdan disputed that his interactions with the complainants amounted to sexual harassment. Rather, he argued he had positive relationships with all four complainants and helped them educationally and in their careers, as reflected in their glowing reviews of his course instruction, the opportunities they received to research and publish with him, and letters of recommendation he wrote on their behalf. He also contended many of the allegations concerned protected academic discourse. Finally, Kashdan theorized that the complainants accused him of sexual harassment because he fired one of them from his lab, and she convinced the others to join her in leveling bad faith accusations against him. Jennifer Hammat, then GMU's Title Coordinator, found that Kashdan sexually harassed all four complainants. Relying on Kashdan's admissions and her own substantiation of other factual allegations, she concluded that Kashdan's repeated sexual conversations and physical interactions with his students 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 2/13 were unprofessional and created a hostile environment for students in the classroom, in the laboratory, and at professional conferences. Kashdan appealed, proffering new evidence and alleging procedural irregularities in the investigation. Julian Williams, then GMU's Vice President for Compliance, Diversity, and Ethics, denied the appeal and upheld Hammat's determinations. Central to Williams's decision was Kashdan's \u201capparent lack of professional boundaries\u201d with his graduate students, demonstrated by \u201cnumerous instances of non- pedagogical discussions of sex\u201d and \u201csexual encounters\u201d as well as by Kashdan's creation of \u201ca sexually- charged environment.\u201d J.A. 323. Students \u201cfelt as though they had to participate\u201d in that environment \u201cin order to remain in [Kashdan's] favor.\u201d J.A. 323. In denying Kashdan's appeal, Williams emphasized the \u201cnegative effects of hyper-sexual conversations/interactions between a faculty member and graduate students under his supervision and instruction.\u201d J.A. 322. Keith Renshaw, the chair of GMU's psychology department, disciplined Kashdan for his violations of GMU's sexual harassment policy. Most relevant here, Renshaw's sanctions precluded Kashdan from teaching graduate-level courses, mentoring new graduate students, or hiring new graduate students as research assistants, all for a period of roughly two years. Additionally, following a recommendation from a Faculty Grievance Committee and Ann Ardis, the dean over the psychology department, Renshaw required Kashdan to disaffiliate from the department's accredited clinical psychology program for five to six years. The disaffiliation meant Kashdan could no longer teach clinical psychology courses or seminars, hire doctoral students to conduct clinical psychology research with him, serve on clinical psychology student committees (e.g., dissertation committees), or mentor doctoral students in the program. Under the sanctions, Kashdan's salary remained the same, but he became ineligible for certain pay increases. In September 2019, Kashdan filed the instant lawsuit alleging, among other claims, violations of Title IX, the Fourteenth Amendment's Due Process Clause, and the First Amendment. Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6). The district court granted the motions and dismissed Kashdan's complaint with prejudice. This appeal followed.1 II. \u201cWe review de novo a district court's dismissal of a complaint pursuant to Rule 12(b)(6).\u201d Holloway v. Maryland, 32 F.4th 293, 298 (4th Cir. 2022). \u201c[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.\u201d Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (internal quotation marks omitted). In evaluating a complaint's sufficiency, we construe the allegations and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party. See Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 591 F.3d 250, 253 (4th Cir. 2009). However, we need not accept as true \u201clegal conclusions drawn from the facts\u201d or any other \u201cunwarranted inferences, unreasonable conclusions, or arguments.\u201d Giarratano v. 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 3/13 Johnson, 521 F.3d 298, 302 (4th Cir. 2008) (internal quotation marks omitted). In addition to the complaint, we may consider \u201cdocuments incorporated into the complaint by reference, and matters of which a court may take judicial notice.\u201d Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007). We may also consider documents \u201cattached to the motion to dismiss, so long as they are integral to the complaint and authentic.\u201d Philips v. Pitt Cnty. Mem'l Hosp., 572 F.3d 176, 180 (4th Cir. 2009). A. We turn first to Kashdan's argument that the district court erroneously dismissed his Title claim. Title provides 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.\u201d 20 U.S.C. \u00a7 1681(a). The implied right of action by which private plaintiffs may sue to enforce Title \u201cextends to employment discrimination.\u201d Preston v. Virginia ex rel. New River Cmty. Coll., 31 F.3d 203, 206 (4th Cir. 1994). To state a Title employment discrimination claim, a plaintiff must allege facts that, \u201cif true, raise a plausible inference that the university discriminated against [him] on the basis of sex.\u201d Sheppard v. Visitors of Va. State Univ., 993 F.3d 230, 235 (4th Cir. 2021) (internal quotation marks omitted). Satisfying this standard requires a plaintiff to plausibly allege a but-for \u201ccausal link between [his] sex and the university's challenged disciplinary proceeding.\u201d Id. at 236. Kashdan pleaded his Title claim under the so-called \u201cerroneous outcome\u201d and \u201cselective enforcement\u201d theories, which are two accepted ways to plead a Title employment discrimination claim. See id. at 235 n.6, 236. The district court correctly dismissed Kashdan's erroneous-outcome claim. Such a claim requires a plaintiff to plausibly allege that \u201c(1) [he] was subjected to \u2018a procedurally flawed or otherwise flawed proceeding\u2019; (2) which \u2018led to an adverse and erroneous outcome\u2019; and (3) involved \u2018particular circumstances\u2019 that suggest \u2018gender bias was a motivating factor behind the erroneous finding.\u2019 \u201d Doe v. Loh, 767 Fed. App. 489, 491 (4th Cir. 2019) (quoting Yusuf v. Vassar Coll., 35 F.3d 709, 715 (2d Cir. 1994)). The improper motivating factor must be a but-for cause of the erroneous outcome in the challenged disciplinary proceeding. See Sheppard, 993 F.3d at 236\u2013237. Assuming without deciding that Kashdan plausibly alleged the first two prongs, his claim falters on the third. To allege bias, Kashdan cites prior public statements by Hammat and Williams, as well as pressure from the Department of Education and the general climate at to find sexual harassment accusations substantiated. But the university officials' statements on which Kashdan relies do not plausibly show anti-male bias or demonstrate that anti-male bias was a but-for motivating factor in GMU's disciplinary actions against him. And while pressure from the Department of Education or the general campus climate is relevant, it does not suffice by itself to plausibly allege sex discrimination in a particular instance. See Doe v. Univ. of Sciences, 961 F.3d 203, 210 (3d Cir. 2020); Doe v. Purdue Univ., 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 4/13 928 F.3d 652, 669 (7th Cir. 2019); Doe v. Baum, 903 F.3d 575, 586 (6th Cir. 2018). Kashdan does not connect these generalized pressures to his case in a way that creates a reasonable inference that anti- male bias motivated GMU's finding that he sexually harassed his students. Thus, as the district court explained, Kashdan \u201chas provided no basis from which to infer the existence of bias in his specific proceeding.\u201d J.A. 944. Kashdan's Title claim also fails under a selective-enforcement theory. To state a selective- enforcement claim, a plaintiff must plausibly allege that regardless of his guilt or innocence, his gender was a but-for cause of the severity of the sanctions or of the decision to initiate the challenged disciplinary proceeding in the first place. See Sheppard, 993 F.3d at 235 n.6, 236\u2013237; Yusuf, 35 F.3d at 715 plaintiff like Kashdan can do this by plausibly showing that a similarly situated person of the opposite sex was treated more favorably. See Sheppard, 993 F.3d at 235 n.6, 237. Kashdan's allegations fall short of this standard. Kashdan alleges \u201cupon information and belief\u201d that does not formally investigate female professors accused of sexual-or gender-based harassment at the same frequency as males, and that when does find female professors in violation of its policies, it sanctions them less severely. Although a plaintiff may initially plead parts of his case \u201cupon information and belief,\u201d his allegations may not be wholly conclusory. See Sheppard, 993 F.3d at 234 (\u201c[S]imply reciting the cause of actions' elements and supporting them by conclusory statements does not meet the required standard.\u201d (internal quotation marks omitted)). Kashdan's allegations on this score are far too speculative, and as the district court reasoned, Kashdan's complaint \u201cis devoid of facts supporting the allegations that were pleaded upon information and belief.\u201d J.A. 947. In other words, Kashdan's \u201callegations of selective enforcement are not supported by any well-pled facts that exist independent of his legal conclusions.\u201d J.A. 947. Accordingly, we affirm the district court's dismissal of Kashdan's Title claim.2 B. We next turn to Kashdan's procedural due process claim. Under the Fourteenth Amendment, an individual has \u201cthe right to due process where [his] good name, reputation, honor, or integrity is at stake because of what the government is doing to him.\u201d Sciolino v. City of Newport News, 480 F.3d 642, 646 (4th Cir. 2007) (internal quotation marks and brackets omitted). To state this type of claim, a plaintiff must plausibly \u201callege that the charges against him: (1) placed a stigma on his reputation; (2) were made public by the employer; (3) were made in conjunction with his termination or demotion; and (4) were false.\u201d Id.; see Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 167, 172 n.5 (4th Cir. 1988). Where, as here, the claim rests on a demotion, the demotion must be \u201csignificant.\u201d Stone, 855 F.2d at 172 n.5 \u201csignificant demotion\u201d is \u201ca job far beneath the one [the plaintiff] had, where being so demoted is to be as effectively excluded from one's trade or calling as by being thrown out on the street.\u201d Ridpath v. Bd. of Governors Marshall Univ., 447 F.3d 292, 311 (4th Cir. 2006) (internal quotation marks omitted). 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 5/13 Kashdan alleges that the sanctions imposed were a significant demotion tantamount to dismissal. We disagree. Before the disciplinary sanctions, Kashdan was a tenured professor in GMU's psychology department. He remained so afterward. Although Kashdan was forced to disaffiliate from the clinical psychology program, he continued to be a member of the psychology department and was allowed to teach general psychology courses. Moreover, the disciplinary sanctions did not prevent Kashdan from writing and publishing in the field of clinical psychology, attending clinical psychology conferences, collaborating with other professors in the clinical psychology field, or from consulting or engaging in other clinical psychology work. Finally, although Renshaw imposed the sanctions for a period of years, they are not permanent. Accordingly, the sanctions do not effectively exclude Kashdan from his trade or calling and are not a significant demotion. We therefore affirm the dismissal of Kashdan's procedural due process claim. C. Finally, we address Kashdan's First Amendment claim. In the public-university context, we apply the Pickering-Connick 3 framework to determine whether an employee was wrongly sanctioned for protected speech. See Adams v. Trs. of Univ. of N.C.-Wilmington, 640 F.3d 550, 560\u2013561, 564 (4th Cir. 2011). Under that framework, we examine \u201c(1) whether the public employee was speaking as a citizen upon a matter of public concern or as an employee about a matter of personal interest; (2) whether the employee's interest in speaking upon the matter of public concern outweighed the government's interest in providing effective and efficient services to the public; and (3) whether the employee's speech was a substantial factor in the employee's adverse employment decision.\u201d Id. at 560\u2013561 (quoting McVey v. Stacy, 157 F.3d 271, 277\u2013278 (4th Cir. 1998)) (brackets omitted). The district court dismissed Kashdan's claim on the first prong. \u201cTo determine whether speech involves a matter of public concern, we examine the content, context, and form of the speech at issue in light of the entire record.\u201d Urofsky v. Gilmore, 216 F.3d 401, 406 (4th Cir. 2000) (en banc); see Adams, 640 F.3d at 564. Speech is of public concern if \u201cit involves an issue of social, political or other interest to a community.\u201d Urofsky, 216 F.3d at 406\u2013407; see Adams, 640 F.3d at 564. In short, we ask \u201cwhether the public or the community is likely to be truly concerned with or interested in the particular expression.\u201d Arvinger v. Mayor & City Council of Baltimore, 862 F.2d 75, 79 (4th Cir. 1988) (internal quotation marks omitted disciplined Kashdan for speech that concerned topics of purely personal interest. Specifically, Kashdan's comments were about his personal sex life and the sex lives of his students. Besides two personal stories Kashdan used as examples in class sanctioned him for speech outside of his curricula, formal scholarship, other published work, or public discourse. Indeed, his sanctioned speech primarily involved casual, interpersonal interactions with students about personal sexual matters that Kashdan does not plausibly connect to a larger public discourse or matter of public concern. Kashdan's 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 6/13 employment at and his role as his students' teacher, mentor, and supervisor enabled and facilitated these interactions. Although Kashdan relies heavily on the fact that his teaching and research focused on sex and sexuality, the district court aptly reasoned that \u201cone's position as a professor of sexual taboos does not confer carte blanche and render all speech protected.\u201d J.A. 961. While Kashdan's research, publishing, and teaching about sex may qualify as matters of public concern, see Adams, 640 F.3d at 565, his contested speech veered well outside his teaching and scholarship into areas of private, personal interest. It is simply implausible that the public is \u201ctruly concerned with or interested in\u201d Kashdan's personal sexual exploits or the intimate and private details of his students' sex lives. Arvinger, 862 F.2d at 79 (internal quotation marks omitted). \u201c[I]n the absence of unusual circumstances, a public employee's speech upon matters only of personal interest is not afforded constitutional protection.\u201d Grutzmacher v. Howard County, 851 F.3d 332, 343 (4th Cir. 2017) (internal quotation marks omitted). Because Kashdan's speech falls squarely within this category, the district court did not err by dismissing his First Amendment claim. III. For these reasons, the judgment of the district court is 1. We have jurisdiction to hear Kashdan's appeal under 28 U.S.C. \u00a7 1291. 2. In his complaint, Kashdan also alleges that engaged in selective enforcement by investigating him while ignoring his claim that one of the complainants brought her accusations against him in bad faith. At oral argument, however, Kashdan conceded that this complainant is not a proper comparator. Oral Arg. at 14:48\u201315:10. 3. Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Pickering v. Bd. of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968). RUSHING, Circuit Judge: Affirmed by published opinion. Judge Rushing wrote the opinion, in which Judge Niemeyer and Judge Agee joined. 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 7/13 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. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) Docket No: No. 20-1509 Decided: June 13, 2023 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 8/13 Court: United States Court of Appeals, Fourth 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) New York, New York \uf057 For Legal Professionals 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | 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 * 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | 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 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | 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) New York, New York \uf057 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 12/13 US: \uf09a \uf16a \uf16d By Name Copyright \u00a9 2025, FindLaw. All rights reserved. Terms > | Privacy > | Disclaimer > | Cookies > 2/13/25, 10:07 v. Foundation for Individual Rights in Education, Amicus Supporting Appellant. (2023) | FindLaw 13/13"} |
7,886 | Bernardo Gallegos | Washington State University – Pullman | [
"7886_101.pdf",
"7886_102.pdf"
] | {"7886_101.pdf": "professor facing sexual harassment suit resigns Fri., May 11, 2007 By Shawn Vestal shawnv@spokesman.com (509) 459-5431 professor facing a highly publicized sexual harassment trial has resigned from Washington State University, as part of an agreement in which the school will provide him legal representation and reimburse him for his lost tenure. The school will also indemnify Bernardo Gallegos, which means he wouldn\u2019t be responsible for paying any judgment in the civil case. He will be paid more than $87,000 for his tenure, though he will lose some benefits. His salary was more than $132,000 a year. Gallegos, a distinguished professor of multicultural education who was brought to with some fanfare in 2004, is accused of making advances toward a married graduate student in his home in February 2005. The student, Christina Garcia, sued both him and the university, arguing the incident damaged her ability to get an education and that hadn\u2019t appropriately disciplined Gallegos, despite the fact that a university investigation concluded that he violated school policies. Gallegos has maintained his innocence. He didn\u2019t return a message seeking comment Thursday, nor did Suzanne Parisien, an assistant attorney general representing WSU. Washington Idaho > Menu Search News Sports Business Weather 2/13/25, 10:10 professor facing sexual harassment suit resigns 1/4 According to the agreement between Gallegos and the board of regents, which was approved Friday, he first asked the university to provide him with legal counsel in November 2005 and was denied. He then retained a private attorney. In return for his resignation will defend and indemnify him until the case is closed, the agreement says. The lawsuit, filed against Gallegos and in Whitman County Superior Court, alleges Gallegos committed sexual harassment when he took Garcia to his candlelit home and made an advance in February 2005. Gallegos was not her direct supervisor or instructor but was in a position to influence her education, a judge ruled earlier this year in allowing the claim to move forward trial is set for September. Guy Nelson, who represents Garcia, said he was happy to see the agreement. \u201cWe believe the board of regents took a very positive step,\u201d he said. The regents also adopted a new policy on sexual harassment and discrimination on Friday. The revisions to the policy were first proposed shortly after the lawsuit was filed and controversy was stirring about the issue in the College of Education, where Gallegos worked, and around campus. The new policy creates new reporting responsibilities for supervisors and establishes a more specific range of disciplinary action, among other things. Local journalism is essential. Give directly to The Spokesman-Review's Northwest Passages community forums series -- which helps to offset the costs of several reporter and editor positions at the newspaper -- by using the easy options below. Gifts processed in this system are not tax deductible, but are predominately used to help meet the local financial requirements needed to receive national matching-grant funds. Active Person 2/13/25, 10:10 professor facing sexual harassment suit resigns 2/4 Subscribe now to get breaking news alerts in your email inbox Get breaking news delivered to your inbox as it happens. Sign up 2/13/25, 10:10 professor facing sexual harassment suit resigns 3/4 fresh start: One Spokane woman\u2019s journey to a new life We can all use a little hope and redemption. \u00a9 Copyright 2016,The Spokesman-Review 2/13/25, 10:10 professor facing sexual harassment suit resigns 4/4", "7886_102.pdf": "professor accused of harassment resigns Originally published May 12, 2007 at 12:00 am | Updated May 12, 2007 at 2:02 am washington State University professor sued by a student alleging sexual harassment has resigned as part of an agreement that will provide... By The Associated Press Washington State University professor sued by a student alleging sexual harassment has resigned as part of an agreement that will provide legal representation and pay any judgment in the lawsuit. Bernardo Gallegos, a professor of multicultural education since 2004, is accused of making advances toward a married graduate student in his home in February 2005. In exchange for his resignation, he will be paid more than $87,000 to buy out his tenure, though he will lose some benefits. His salary was more than $132,000 a year. The student, Christina Garcia, sued Gallegos and the university, saying her ability to get an education was damaged and that Gallegos wasn\u2019t adequately disciplined, although a university investigation concluded that he violated school policies. Gallegos has maintained his innocence. He did not return a call for comment Friday. The Associated Press Local News 2/13/25, 10:11 professor accused of harassment resigns | The Seattle Times 1/1"} |
8,486 | Stephen Bronner | Rutgers University | [
"8486_101.pdf",
"8486_102.pdf",
"8486_103.pdf",
"8486_104.pdf"
] | {"8486_101.pdf": "Prominent Rutgers professor under investigation for sexual harassment retires Updated: Nov. 11, 2019, 9:16 a.m. | Published: Nov. 11, 2019, 8:38 a.m. Longtime Rutgers University Political Science Professor Stephen Bronner retired last week former student's sexual harassment allegation against him, for actions she said occurred 20 years ago, is ongoing. By Susan K. Livio Advance Media for NJ.com Subscribe prominent Rutgers University political science professor under investigation for sexually harassing a graduate student nearly two decades ago retired earlier this month, a university spokeswoman confirmed. Stephen Bronner, a renowned political theorist and professor for more than four decades, had been sidelined from teaching this year while the university investigated a claim he had inappropriately touched a student during a meeting in his office. University spokeswoman Dory Devlin confirmed Bronner retired on Nov. 1. But Devlin said on Friday she was unable to determine the status of the investigation. An attorney for Kristy King, the former graduate student and now a Arizona State University professor, told Advance Media the investigation is ongoing, and expected the university to see the case through. \u201cWe know that our client\u2019s complaint is still being investigated, and Dr. Bronner\u2019s retirement in no way changes our expectation that Rutgers conduct a fair and thorough investigation and that it implement all necessary changes to its policies,\" said Iliana Konidaris, one of King\u2019s attorneys. \u201cThe culture in Rutgers\u2019 Political Science Department must change, and it\u2019s unfortunate that it has taken so long,\u201d Konidaris said. \u201cWe are committed to ensuring a fair process for our client and for others who come forward in the future.\u201d Bronner, 70, could not be reached for comment. But he has previously denied any misconduct, and said he had no recollection of the incident. King claimed Bronner ran his hand up thigh on her first day at Rutgers nearly 20 years ago, according to the complaint she filed last year, along with other allegations of sexual harassment against him. The encounter always troubled her, she said, and she filed the claim years later because she was inspired by the #metoo movement don\u2019t have any knowledge that his retirement is related to my persistence, but still have plenty of opinions,\" King said. The university told her it typically did not investigate incidents more than two years old. But Rutgers dropped that two-year policy within hours of the publication of an Advance Media report in October 2018, detailing King\u2019s case and several incidents involving other professors. The university also formed a task force, which in May recommended major changes to its sexual misconduct policy, including a ban on dating relationships between professors and students. According to his university biography, Bronner was director of Global Relations at the Center for the Study of Genocide, Conflict Resolution, and Human Rights at Rutgers, and member of the Executive Committee of the Chair for Genocide Prevention. He published 25 books and 200 journal articles, the biography said. In a Nov. 3 Facebook post, Bronner announced his retirement after 43 years of teaching and alluded to two manuscripts in the works. He made no mention of the investigation, but lamented the change of direction and \u201cdebilitating conflicts\u201d inside the political science department. \u201cDebilitating conflicts have soured the atmosphere, the professional and pedagogic culture is changing, new students who share my interests are not being admitted, and have no graduate classes to teach,\u201d Bronner wrote. \u201cLike any relationship, however, this one should not be judged by how it ends have had the opportunity to pursue my research and was lucky enough to receive three teaching awards.\u201d Bronner taught \u201cthousands of undergraduates\u201d and supervised more than 50 doctoral candidates, his post said. Richard Lau, chairman of the political science department, notified colleagues of Bronner\u2019s departure in an email last Friday. \u201c(Bronner) plans to devote more time to his new conflict resolution (non- governmental organization) International Council for Diplomacy and Dialogue,\" Lau\u2019s announcement said want to thank Steve for all of his contributions to the department over the past 43 years, and wish him great success with his new mission and in all his future endeavors Advance Media Staff Writer Kelly Heyboer contributed to this report Rutgers raced to an early lead. Then Iowa rallied and Scarlet Knights reached new low in loss. Feb. 12, 2025, 8:37 p.m. Cancer and other medical research at Rutgers will take a $22M hit under Trump\u2019s cuts Feb. 12, 2025, 11:52 a.m. Susan K. Livio may be reached at slivio@njadvancemedia.com. Follow her on Twitter @SusanKLivio. Have a tip? Tell us. nj.com/tips Get the latest updates right in your inbox. Subscribe to NJ.com\u2019s newsletters. 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 NJ.com Advertise with us Contact Us Newsletters Jobs at Advance Media Accessibility Statement Subscriptions NJ.com The Star-Ledger The Times of Trenton South Jersey Times The Jersey Journal Newsletters Already a Subscriber Manage your Subscription Place a Vacation Hold Make a Payment Delivery Feedback NJ.com Sections N.J. News Local News N.J. 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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", "8486_102.pdf": "Stephen Bronner, a Rutgers professor in the Department of Political Science, retired while he was under investigation for sexual assault. U. professor retires following sexual harassment investigation 11, 2019, 7:31 P.M. Stephen Bronner, a Rutgers professor in the Department of Political Science, retired earlier this month after being under investigation for the sexual harassment of a graduate 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 1/11 student two decades ago, University spokeswoman Dory Devlin confirmed, according to an article in Advance Media. This past year, Bronner had not been teaching while the University investigated the claim that he had inappropriately touched a student during a meeting in his office, according to the article. Devlin confirmed Bronner\u2019s retirement but was unable to determine the status of the investigation, according to the article. The investigation is ongoing and expects the University to continue the case, said an attorney for Kristy King, the former graduate student of Bronner\u2019s and current Arizona State University professor, according to the article. \u201cWe know that our client\u2019s complaint is still being investigated, and Dr. Bronner\u2019s retirement in no way changes our expectations that Rutgers conduct a fair and thorough investigation and that it implement all necessary changes to its policies,\u201d said Iliana Konidaris, one of King\u2019s attorneys, according to the article. Bronner could not be reached for comment, but has previously denied the allegations and said he had no recollection of the incident, according to the article. \u201cThe culture in Rutgers\u2019 political science department must change, and it\u2019s unfortunate that it has taken so long,\u201d Konidaris said, according to the article. \u201cWe are committed to ensuring a fair process for our client and for others who come forward in the future.\u201d King claimed Bronner ran his hand up her thigh on her first day at Rutgers approximately 20 years ago, along with other allegations of sexual harassment, in the complaint she filed last year, according to the article. She filed the claim years later because she was inspired by the #MeToo movement, King said, according to the article don\u2019t have any knowledge that his retirement is related to my persistence, but still have plenty of opinions,\u201d King said, according to the article. 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 2/11 The University told King that it does not typically investigate incidents that are more than two years old, but dropped the policy hours after Advance Media reported King\u2019s case and several other incidents in 2018, according to the article. The University also formed a task force, which recommended major changes to its sexual misconduct policy in May, including the ban of dating relationships between professors and students, according to the article. Bronner announced his retirement in a Facebook post on Nov. 3, after 43 years of teaching. He did not mention the investigation but spoke on the change of direction and conflicts within the Department of Political Science, according to the article. \u201cDebilitating conflicts have soured the atmosphere, the professional and pedagogic culture is changing, new students who share my interests are not being admitted and have no graduate classes to teach,\u201d Bronner said, according to the article. \u201cLike any relationship, but, this one should not be judged by how it ends have had the opportunity to pursue my research and was lucky enough to receive three teaching awards.\u201d Bronner\u2019s colleagues were notified of his retirement in an email sent by Richard Lau, chairman of the Department of Political Science. \u201c(Bronner) plans to devote more time to his new conflict resolution (non- governmental organization) International Council for Diplomacy and Dialogue,\u201d Lau said want to thank Steve for all of his contributions to the department over the past 43 years, and wish him great success with his new mission and in all his future endeavors.\u201d 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 3/11 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 4/11 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 5/11 U. says not on New Brunswick campus, RWJ, despite social media claims 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 6/11 Special Report resolution fails in after hours-long debate during 1st spring meeting 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 7/11 Rutgers assistant professor on leave after animal abuse allegations U. Democrats, Republicans speak on Trump cabinet picks, post-election outlooks COMMENTARY: Freedom of expression through Rutgers lens 'Squid Game' season 2 remains thrilling, but cracks under pressure 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 8/11 U. Catch up on the latest stories with the Targum Digest UP! 'Unlawful, unconstitutional, unprecedented': Platkin leaders condemn federal executive orders U. says not on New Brunswick campus, RWJ, despite social media claims Special Report resolution fails in after hours- long debate during 1st spring meeting 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 9/11 About Us Editorial Complaints & Corrections Advertising Contact Us Get Involved Privacy Policy Terms & Conditions News New Brunswick Newark Sports Opinions Editorials Letter to the Editor Inside Beat Videos Podcasts Humans of Rutgers Targum Spotlight Letter to the Editor & Commentary Classifieds Alumni TikTok YouTube Facebook Instagram Donate Newsletter 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 10/11 \u00a9 2025 Targum Publishing Company. All rights reserved. Powered by SNworks - Solutions by Media. Made with in . 2/13/25, 10:12 U. professor retires following sexual harassment investigation - The Daily Targum 11/11", "8486_103.pdf": "Rutgers Professor Accused of Sexual Assault Retires Amid Investigation By Joanna Szabo | November 26, 2019 Category: Legal News Lawsuits & Settlements Legal News Class Actions Explained Am a Lawyer About Us 2/13/25, 10:12 Rutgers Professor Accused of Sexual Assault Retires Amid Investigation 1/9 professor from Rutgers University who was accused of sexual harassment against a graduate student almost 20 years ago retired at the beginning of the month, according to a spokesperson for the university. Stephen Bronner, who has taught political science at Rutgers for decades, was accused by a former graduate student of inappropriate touching while in a meeting in his office. Bronner has been under investigation over a report of sexual harassment, during which he has been sidelined from teaching. Rutgers is not alone in sexual assault and harassment claims. Other universities, like Dartmouth, have settled sexual assault cases against multiple professors at the university. The doctoral student who filed the complaint, Kristy King, was 23 at the time and said that Bronner invited her back to his office for a meeting on her first day as a political science 2/13/25, 10:12 Rutgers Professor Accused of Sexual Assault Retires Amid Investigation 2/9 graduate student at Rutgers. \u201cAs we talked, he ran his hand all the way up the inside of my thigh,\u201d King said, according to Advance Media. She says got out of the office as soon as she could, she said, and then spent the rest of her time working on her Ph.D. avoiding Bronner when she could. She also says that other female students told her that they had also been targeted by Bronner. The incident took place nearly twenty years ago, and King did not file a complaint at the time. However, after the growth of the #MeToo movement and as women came forward to talk about their experience with sexual harassment, sexual assault, and rape, King felt empowered to come forward with a formal complaint against Bronner in February 2019. While the university said that its policy is to not investigate incidents of sexual assault that are more than two years old, when Advance Media reported about King\u2019s incident along with reports from several others, the university dropped the policy and began an investigation. Since the university dropped that two-year time limit, six complaints have been filed against professor and campus employees. Bronner has denied any misconduct and said that he did not recall such an incident taking place. Bronner announced his retirement on Facebook on Nov. 3 and did not mention the investigation. Instead, he talked about \u201cdebilitating conflicts\u201d in the political science department that have \u201csoured the atmosphere,\u201d according to Advance Media. Filing a Sexual Assault Lawsuit Of course, sexual assault, abuse, and harassment can happen anywhere and can be committed by anybody, including authority figures in positions of power in trusted organizations. Sexual assault has been reported in schools, in organizations like the Boy Scouts of America and in churches, as well as across a wide variety of industries. More and more victims are coming forward with the stories of their own sexual assaults, filing lawsuits not just against their abusers, but also against any organizations that allowed the 2/13/25, 10:12 Rutgers Professor Accused of Sexual Assault Retires Amid Investigation 3/9 abuse to take place, or even actively covered up the abuse. If you or someone you love has been a victim of sexual assault or abuse, even if that abuse took place years or decades ago, you may be able to join this lawsuit investigation. This article is not legal advice. It is presented for informational purposes only. We tell you about cash you can claim WEEK! Sign up for our free newsletter. Email * Email First Name * Country * United States State * Privacy \u2022 Terms 2/13/25, 10:12 Rutgers Professor Accused of Sexual Assault Retires Amid Investigation 4/9 Leave a Reply Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. 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Privacy Policy | Terms and Conditions 2/13/25, 10:12 Rutgers Professor Accused of Sexual Assault Retires Amid Investigation 9/9", "8486_104.pdf": "Rutgers can\u2019t substantiate decades-old sexual harassment claims against renowned professor 1, 2020 Accuser\u2019s attorneys speculate witnesses refused to cooperate for fear of \u2018retaliation\u2019 After interviewing 15 witnesses, and failing to reach at least six other potential witnesses, Rutgers University came up short verifying a former student\u2019s sexual harassment allegations against a renowned political science professor. \u201cThe evidence adduced pursuant to the investigation could not lead to a conclusion that the respondent violated the [sexual Email \ue607 1 Colleges celebrate Valentine\u2019s with \u2018ethical porn,\u2019 abortion \u2018party\u2019 and \u2018Genital Diversity Gallery 13, 2025 2 After objecting to schools\u2019 \u2018equity\u2019 programs, liberal parents attacked, called \u2018racist 8, 2025 3 New research identifies more than 1,100 DEI- related jobs at University of Michigan 30, 2025 4 Harvard students more focused on ARTICLE: 2/13/25, 10:12 Rutgers can\u2019t substantiate decades-old sexual harassment claims against renowned professor | The College Fix 1/4 harassment] policy, harassed students or engaged in violation of the policy such that students were put at risk,\u201d Rutgers officials told Stephen Bronner ( ) in a above Leading scientists spar about Trump order stating sex is binary Indiana University walks back controversial speech ban, but some say not far enough extracurriculars than academics: report 3, 2025 5 Leftist student groups recruiters at Duke job fair a \u2018societal attack against our humanity 8, 2025 ARTICLE: 2/13/25, 10:12 Rutgers can\u2019t substantiate decades-old sexual harassment claims against renowned professor | The College Fix 2/4 Immigration experts disagree on benefits, consequences of skilled worker visas Colleges celebrate Valentine\u2019s with \u2018ethical porn,\u2019 abortion \u2018party\u2019 and \u2018Genital Diversity Gallery Greg Piper Associate Editor Piper served as associate editor of from 2014 to 2021. Greg The College Fix Website \ue608 Facebook \ue601 Twitter ARTICLE: 2/13/25, 10:12 Rutgers can\u2019t substantiate decades-old sexual harassment claims against renowned professor | The College Fix 3/4 \u00a9 2025 ARTICLE: 2/13/25, 10:12 Rutgers can\u2019t substantiate decades-old sexual harassment claims against renowned professor | The College Fix 4/4"} |
9,070 | Joseph Berning | New Mexico State University | [
"9070_101.pdf",
"9070_102.pdf"
] | {"9070_101.pdf": "Former professor Joseph Berning. Credit Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment by Ariana Parra Mon, January 15th 2024 at 6:13 Updated Mon, January 15th 2024 at 10:10 7 2/13/25, 10:12 Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment 1/5 CRUCES, N.M. (KFOX14/CBS4 woman filed a lawsuit alleging she was sexually harassed by former professors at New Mexico State University. The lawsuit for the Jane Doe alleges that did nothing about the incident. Joseph Berning is the former professor at the center of this lawsuit. The complaint alleged that Berning wasn't alone in the misconduct. The docket claimed Berning's partner, Carole Carson, played a role in grooming and sexually assaulting his students. Paul Linnenburger is the attorney representing the Jane Doe in the case. He told CBS4, the blame is not just on the professors, but also the university and overseeing faculty who failed to stop the misconduct from happening. \u201cThere are numerous individuals who were in positions of authority that could have been should have stopped this,\u201d Linnenburger said. This allegedly isn't the first time Berning was accused of harassing a student, according to Linnenburger. \u201cProfessor Berning had somewhat of a reputation within the department,\" Linnenburger said. This started with a previous incident in 2013, when a different woman submitted a Title complaint against Berning, but nothing was done. \u201cUltimately the way that that played out, it should have and could have been the end of this,\" Linnenburger said. 2013 was the same year the Jane Doe met Berning as a student in one of his classes, according to the lawsuit few years later, my client was again, put in touch with Professor Berning,\u201d Linnenburger said. Berning then acted as her mentor and boss 2/13/25, 10:12 Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment 2/5 The nearly 40-page docket stated several instances of abuse. Ariana Parra reports on new lawsuits against for sexual harassment \u201cHe started slowly testing the waters more and more,\u201d Linnenburger said. \u201cThere were instances of sexual violence on campus, off campus, in his home in vehicles.\u201d The abuse started with pulling her onto his lap in one instance. On a separate occasion, Berning is accused of taking her to his office, locking the door, removing all of his clothing and \u201cmaneuvered his penis around in front of her,\" the complaint stated. RECOMMENDED: Former basketball players facing felony charges in hazing scandal could wait over a year before going to trial and it's Board of Regents are named in the lawsuit, along with 14 other people. Included in the defendants is Berning's spouse, Carole Carson. Linnenburger said Carson also taught at the University 2/13/25, 10:12 Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment 3/5 The lawsuit states Carson allegedly engaged in sexual misconduct with the Jane Doe while also advising her to do \"anything Berning wished.\" \u201cTogether, they ultimately convinced her to move in with them,\" Linnenburger said. Once she was able to get out of the situation, the Jane Doe learned that another female graduate student was working for Berning. Linnenburger told CBS4 that knowledge is what prompted her to put together her own Title report. \u201cThrough the title line office, there was an investigation done,\" Linnenburger said. However, Linnenburger claimed Berning was allowed to retire quietly just one day before the hearing was set to happen. \u201cWe were informed that the university was dismissing the action and had allowed him to quietly leave,\" Linnenburger said. The lawsuit alleged that during the investigation, the Jane Doe was told not to access her \"Aggie accounts\" that potentially held evidence of her claims. The account allegedly appeared to have been wiped by defendants, according to the complaint. CBS4 reached out to for a comment on the lawsuit and is waiting to hear back. Below is the 40-page docket detailing the lawsuit 2/13/25, 10:12 Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment 4/5 Loading ... No preview available Click here to view the file. RECOMMENDED: Four women sue and driving instructor over alleged sexual assault Sign up to receive the top interesting stories from in and around our community once daily in your inbox 2/13/25, 10:12 Lawsuit alleges ex-professor at New Mexico State University committed sexual harassment 5/5", "9070_102.pdf": "by: Skylar Soto, Dave Burge Posted: Jan 15, 2024 / 06:40 Updated: Jan 16, 2024 / 03:19 PASO, Texas lawsuit filed against New Mexico State University alleges that a longtime professor engaged in \u201cpervasive sexual misconduct for a decade or more,\u201d according to a news release sent out by the attorneys representing an unnamed student. The suit \u2014 Jane Doe vs. New Mexico State University \u2014 alleges that Joseph Berning, a long- time professor in the university\u2019s Kinesiology Department, \u201charassed and groomed female professor preyed on students for more than a decade 48 2/13/25, 10:13 professor preyed on students for more than a decade 1/12 students for years, coercing them into sexual relations and bragging about the same,\u201d according to the news release. The lawsuit was originally filed in state court back in 2022 but was sent over to federal court in November 2023, a search of court records show. The suit alleges that Berning \u201cwielded power over students in mandatory classes he taught, including a course taught with Berning\u2019s partner, Carole Carson, who was also a former student of Berning\u2019s,\u201d according to the news release. The lawsuit alleges that knew about Berning\u2019s misconduct by 2013 when a female student reported him for sexual misconduct, according to the news release. \u201cAnother student made allegations and submitted a Title action to in 2013 involving the same professor with very similar circumstances. And that individual, fortunately, was able to stop it at the get-go,\u201d said Albuquerque attorney Paul Linnenburger who is representing the plaintiff in the lawsuit. According to the new lawsuit, the student said she told authorities at she filed the complaint to make sure \u201cno other student be put at risk.\u201d \u201cThe driving force for our client is she wants to make sure that not only is Professor Berning stopped from being able to move on to another university and do this all over again, but also that changes how they do things to make sure that the next time they get a report like they did in 2013, that it stop then and there,\u201d Linnenburger said. The lawsuit claims \u201cdid not take action to stop Berning or correct his behavior and he continued to become more brazen with his aggressive and inappropriate sexual advances towards students and staff.\u201d The plaintiff in the lawsuit alleges she notified and the university conducted a Title investigation. According to the lawsuit, \u201cafter the investigation uncovered damaging information about Berning dismissed the proceedings without notifying the victim and let Berning > Next > Cancel \u2715 Next story in > Cancel Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 2/12 quietly leave the university with his retirement intact.\u201d The suit also claims NMSU\u2019s conduct was \u201creckless, callously indifferent and suggestive of an evil motive,'\u201d according to the news release. The suit was filed by Albuquerque attorneys Paul Linnenburger and Meredith Baker. The lawsuit also claims was \u201csilencing (the plaintiff) voice\u201d and \u201crevictimizing her in violation of the state\u2019s Civil Rights Act and her constitutional rights.\u201d Linnenburger told that Jane Doe is not in it for the money; it\u2019s about protecting others and making sure that those that did wrong are held accountable. \u201cBecause unless we can hold everyone accountable and the system accountable, the reality is this will just keep happening,\u201d Linnenburger said. We reached out to NMSU, and the university stated they do not discuss pending litigation was the entity that petitioned to have the lawsuit moved to federal court. It was removed on grounds that the allegations of gender discrimination/equal protection rights fall under constitutional rights. Linnenburger says anyone who suffered abuse by Berning or others at State or if they have information about the case, they can call (505) 226-7979. 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 2/13/25, 10:13 professor preyed on students for more than a decade 3/12 Top Stories Heavy rain pummels slide-prone Southern California \u2026 Man charged with Michigan murder arrested in considers guaranteed income for some families Bill would prohibit transgender athletes from playing working to expand university\u2019s presence > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 4/12 Heavy rain pummels slide-prone Southern California \u2026 Plane carrying Secretary of State Rubio to Europe \u2026 Judge orders Trump administration to temporarily \u2026 Armed fighters have raped scores of children in eastern \u2026 Man accused of shooting Missouri teen to change plea Issa Rae cancels Kennedy Center after Trump takeover Would-be school shooter had collage of killers: Docs Human bird flu cases may be undercounted, study suggests More Stories 13 - Breaking News, Albuquerque News, New Mexico News, Weather, and Videos Video > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 5/12 More Videos > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 6/12 More New Mexico Living New Mexico Living Pet Pics February 13, 2025 New Mexico Living Sponsored Content 6 hours ago 1 Winter storm moving into New Mexico tonight 2 Victims of scheme file class action lawsuit 3 Bryan Cranston visits \u2018Breaking Bad\u2019 store 4 considers guaranteed income for some families 5 Deputies find dead 5-year-old during Silver City \u2026 6 Former student doctor pleads guilty to child porn \u2026 7 Mild & dry weather before stronger storm on Valentine\u2019s > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 7/12 Winter storm moving into New Mexico tonight Weather Video Forecast 4 hours ago Family reunited with cat who was missing for nearly \u2026 New Mexico News 3 days ago > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 8/12 What\u2019s happening around New Mexico February 7-13 Events and Notices 6 days ago \u2022 What\u2019s happening around New Mexico January 31-February \u2026 Events and Notices 2 weeks ago PHOTOS: Piled- up snow covers communities Photo Galleries 3 months ago > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 9/12 MAP: 2022 Albuquerque Homicides News Resources 3 years ago 10 Presidents Day small appliance deals you shouldn\u2019t \u2026 Holiday 9 hours ago Best Buy Presidents Day Sale: Apple, Samsung, Dyson \u2026 Holiday 11 hours ago Score Presidents Day deals right now on Amazon Holiday 3 days ago Best Valentine\u2019s Day gifts under $100 Holiday 6 days ago The best early Presidents Day deals to shop now Holiday 2 days ago Walmart\u2019s \u2018Flash Deals\u2019 are filled with hidden gems \u2026 Holiday 1 week ago > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 10/12 Local Reporting You Can Trust News Weather Roads/Traffic Sports Always On ReportIt! NMLiving.com New Mexico CW/NM50 About Media Group \u2013 Contact Us Sitemap Mission Applications 13 Broadcast Pl SW, Albuquerque, NM, 87104 File Public File Public File Public File Public File Public File Public File View All BestReviews Picks > Next > Next story in > Next story in 2/13/25, 10:13 professor preyed on students for more than a decade 11/12 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 2/13/25, 10:13 professor preyed on students for more than a decade 12/12"} |
8,568 | Harold Marcus | Michigan State University | [
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"8568_102.pdf",
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] | "{\"8568_101.pdf\": \"Lawsuit: Late professor treated university as his 'own sexual playground' Kara(...TRUNCATED) |
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